You must: Review the listing ofState Public Health Departments. Statement from the Principal applicant explaining the basis for the requested change. 10 of the 30 requests may be for exchange visitor physicians who will serve at facilities not located in a designated health care professional shortage area but which serve patients who live in a designated area. A completed and signed Form I-539with the following (for Principal F-1 and any F-2 Dependents): An I-20 issued by the current/prospective SEVP authorized institution for each applicant, Copy of the I-901 Receipt for payment of the SEVIS fee by the F-1 principal applicant, Evidence of current immigration status for all applicants, including dependent F-2(I-94, SelectInstructions and Online DS-3035to learn more and access the online formto request a recommendation for a waiver from the Department of States Waiver Review Division. If your career is in any of these fields, you are expected to have a level of proficiency that distinguishes you as being in the small percentage of those who have risen to the very top of their fields. They may discontinue their studies at any time. Copyright 1999-2023 immihelp.com. It should be filed within 45 days of the date of your employment to avoid delay. The most common avenue for such waivers is sponsorship by a State Department of Health (Conrad 30) or another interested government agency (IGA) program to provide clinical medical care for a three-year period in a federally designated areas that have a shortage of physicians or populations that are medically underserved. If you can prove that your two-year departure would cause severe hardship to your U.S. citizen or permanent resident child or spouse, you may request for a waiver under this basis also by submitting av I-612 to the USCIS. The employer must file the I-129 to petition the USCIS on your behalf. How does it work in terms of timeline with my current work to H1B approval? This requirement is part of U.S. law, in the Immigration and Nationality Act, Section 212 (e). USCIS will forward its decision to the Department of States Waiver Review Division. They may enroll either full-time or part-time. To ensure that your change of status application and that of your dependents are adjudicated at the same time, you will need to file both forms I-129 and I-539 together. exchange visitors and employees. 2023 Murthy Law Firm. The duration of the stay under a J-2 visa is the same as the duration of the associated J-1 visa. Additionally, even though some categories allow for dependents to accompany a J-1 visa holder, some specific programs dont. This requirement is part of U.S. law, in the Immigration and Nationality Act, Section 212(e). 801 0 obj <>stream endstream endobj 723 0 obj <>stream Some J-1 exchange visitors are subject to a two-year home-country physical presence requirement, which requires them to leave the U.S. for their home country on or before the expiration of their I-94. If you are in this category and would like to change your status without fulfilling the two-year exercise, you may be able to file for a waiver. The form contains sections requesting information about you, your employer, and the nature of the job offer. They will help you file your petition and ensure that you have the best chance your O-1 application approved. Persons who wish to obtain Permanent There are a few circumstances that allow for a J1 waiver, helping you to circumvent the 2 years home residency requirement: Getting a no objection statement from your home country, confirming that your home government has no objection to you not returning to the home country and has no objection to you staying in the US. is not a substitute for legal counsel. U.S. will be considered an abandonment of the petition, and it will be automatically J1 to F1 - Immigration See information on J-1 Exchange VisitorStudents and Scholarsand J-2 Dependents here. 2. However, dependents dont need to separately apply for waiver, as they are automatically included in J-1 visa waiver application. If the primary visa holder on J-1 visa is subject to two-year home-country physical-residence requirement, his/her dependent spouse and children who received J-2 visa based on that J-1 visa are also subject to the same requirement. Now that you know the criteria, lets discuss how to process your change of status from J-1 to O-1. You are an exchange visitor and are required to meet the foreign residence requirement, unless you receive a waiver. This includes current and former exchange visitors. PengWeber. With the exception of a J2 holder not being able to travel to the U.S. in advance of the J1 holder for the first time, the J2 holder can freely go in and out of the U.S. and does not have to be accompanied by the J1 holder. U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS, J-1 Waiver Frequently Asked Questions (FAQs), Interested U.S. Federal Government Agencies. PLLC. While both the J-1 and O-1 are nonimmigrant visas, the application processing for each of them differs to some extent. Copy of I-20 (F1/F2); Copy of 212e waiver (for those applying for H visas who previously held J visas) Original DS-2019 (J1/J2) Copy of petition papers: I-129, I-797 notice of approval (H and L visas) Please note that eligibility for interview waiver does not guarantee a visa issuance nor does it guarantee that the interview will be waived . Even though visiting on a B-2 visa is usually for a short period of time, in this case, it is permissible for the accompanying partner to intend to accompany the principal visa holder for the duration of an exchange program in the U.S. include but are not limited to, the following: An unlimited period of stay in the U.S an O-1 can be extended for as many times as is needed as long as the requirements for the O-1 visa are met, Covers a variety of fields (academics, athletics, science, arts). If so, that agency may request an Interested Government Agency Waiver on your behalf. Exchange visitors are generally also made aware of it at their visa interviews. Actualprocessing timesmay vary from time to time. Applying later for permanent residency as an O-1 nonimmigrant is easier, especially the EB-1 green card, which requires no PERM Labor Certification. This is an explanation of the nature of the activities, events, as well as the beginning and ending dates of the contract. For more information about the relevant law, seeReferences U.S. Laws, number 3. Waiver is going to take some time to come. denied. Not affiliated with any government agency.