There are five grounds for obtaining a waiver of the two-year home residence requirement.
If you would like to apply for a waiver, pay
particular attention to the timing of your request. After attaining either a
waiver recommendation from the U.S. State Department or a final waiver decision
from USCIS, you are no longer eligible to extend your J-1 status or transfer to
another J-1 program.
You should discuss your plans with an
international student advisor before applying for a waiver.
FOR OBTAINING A WAIVER
1. A “no-objection”
statement (not permitted for medical trainees) – Your country’s embassy in Washington
can specify in a direct letter to the State Department that it has no objection
to your obtaining a waiver, or the foreign ministry in your home country can
write to the U.S. embassy there. A “no-objection” statement will not guarantee
a waiver if the exchange visitor has received funding from the U.S. government.
2. Interest of a U.S.
government agency – If you are
working on a project for or of interest to a U.S. federal government agency,
and that agency has determined that your continued stay in the United States is
vital to one of its programs, a waiver may be issued if your continued stay in
the United States is deemed to be in the public interest.
3. Fear of persecution – If you can prove that because of your
race, religion, political opinions, or nationality you would face persecution
by your home government if you returned to your country, you could possibly
qualify for a waiver by applying to USCIS.
hardship – If it is
possible to demonstrate that exceptional hardship to a U.S. citizen or
permanent resident spouse or child would be caused by your departure from the
U.S. and residence abroad, you can apply for a waiver to USCIS
5. Request by a
designated State Department of Public Health – Only medical doctors may apply for a waiver on this