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Obtaining A J-1 Visa Waiver For Foreign Medical Graduates

Last updated on September 26, 2023

The immigration laws in the United States can be complicated, and trying to figure out the requirements for visas and waivers can easily get confusing. Our immigration attorneys at Wilson Law Group in Minneapolis have been helping clients throughout the United States and abroad since 2003. If you are a foreign national medical graduate and would like to stay in the United States beyond graduation, our immigration attorneys can help eligible candidates obtain a J-1 waiver.

What Is A J-1 Visa Waiver?

A J-1 visa is an exchange visitor nonimmigrant visa that allows foreign nationals to participate in an approved exchange program for the arts, education or sciences. With some exchange visitors, their J-1 visa requires that they return to their home country for two years after the completion of their exchange program. However, eligible candidates may apply for a waiver. If the waiver is granted, J-1 visa holders will be able to remain in the United States while they wait to apply for a change of status and a different visa or even lawful permanent resident status (a green card).

Who Is Eligible For A J-1 Visa Waiver?

As a J-1 visa holder, you may be eligible for a waiver if any of the following conditions are met:

  • You have a no objection letter from your country of origin waiving the requirement that you return to your home country for two years.
  • You will be subject to persecution if you return to your home country.
  • A U.S. citizen or lawful permanent resident spouse or child will experience exceptional hardship if you return to your home country for two years.
  • An interested U.S. federal government agency has requested that you stay.
  • A designated state public health department has requested that you stay.

If you are applying for a waiver for a J-1 visa, you can only apply under one of the categories. Each category will require different documentation and supporting evidence. If you are interested in exploring a waiver for your J-1 visa requirement that you return to your home country for a period of two years, our immigration attorneys can help you identify if you are eligible for any of the eligible categories.

Additionally, if your waiver is granted, we can also assist you with your petition for a change of status. For example, if you qualify for a waiver under the persecution category, we can assist you with a petition for asylum. Or, if you are interested in obtaining lawful permanent residency (a green card), we can help you apply.

Do You Need A J-1 Visa Waiver? Consult With An Immigration Attorney For Free.

Our firm offers an initial consultation appointment for free. To schedule your free appointment, call our office at 612-430-8022 or send us an inquiry using our online form. We look forward to telling you more about how we can help you with your immigration needs.