At the Law Offices of Sabrina Li, we are proud to share another success story where we helped a client overcome the challenges of the J-1 visa’s two-year home residency requirement through an I-612 exceptional hardship waiver.
Our client, a research scholar, entered the United States on a J-1 visa with his spouse, who held a J-2 dependent visa, to participate in a U.S.-funded program. During their time in the U.S., they welcomed a child who is a U.S. citizen. After completing the program, our client received a job offer and hoped to remain in the U.S. However, the J-1 visa’s two-year home residency requirement mandated that he return to his home country before becoming eligible to apply for another U.S. visa or permanent residence.
Because the client’s program was funded by the U.S. government, he was not eligible for a “No Objection” waiver. Recognizing the obstacles posed by this requirement, he came to our office to explore alternative waiver options.
Through in-depth discussions, we discovered that our client’s U.S. citizen child suffered from recurring health issues that required ongoing, specialized medical care only accessible in the U.S. Relocating to the client’s home country posed significant risks for the child, given limited healthcare resources and prevalent antibiotic misuse. We identified the “exceptional hardship” waiver as the most suitable option under INA §212(e).
To meet the high standard of “exceptional hardship,” we meticulously compiled documentation demonstrating the unique challenges the family would face.This included medical reports on the child’s condition and the critical need for consistent follow-up care in the U.S. We also demonstrated that the family’s financial stability here was essential to covering these medical needs, which would be jeopardized by forced relocation. Additionally, we provided evidence of specific health and healthcare challenges in the home country, including shortages in qualified care providers and risks associated with antibiotic overuse.
After two years of waiting, USCIS finally approved the exceptional hardship waiver, allowing our client and his family to remain in the United States.
For many J-1 exchange visitors, the two-year home-country residency requirement under Section 212(e) of the Immigration and Nationality Act can be a substantial hurdle. This requirement mandates that certain J-1 visa holders must spend two years in their home country before they can apply for specific U.S. visas or status adjustments. However, if fulfilling this requirement isn’t feasible, there are waiver options available. Importantly, the waiver application must be approved by the Department of Homeland Security before any change of status or visa issuance in certain categories.
The five possible bases for a J-1 waiver are:
The "No Objection Statement" waiver is one of the most popular waiver options for J-1 visa holders because it’s relatively straightforward and often the fastest route to obtaining a waiver. With this waiver, the J-1 visa holder’s home country issues a statement indicating that it has no objection to the visa holder remaining in the United States, and the individual is therefore not required to fulfill the two-year home residency requirement.
The popularity of the No Objection waiver largely stems from its simplicity: it doesn’t require proving hardship, persecution, or an employer's sponsorship, which can be lengthy and challenging. However, there are some key limitations:
For those who can’t qualify for the No Objection waiver due to these limitations, other options, such as the Exceptional Hardship or Persecution waiver, may be explored, though these often have more rigorous requirements.
For those seeking a J-1 exceptional hardship waiver, it’s essential to understand the specific standard USCIS applies. This waiver requires proving that your U.S. citizen or lawful permanent resident spouse or child would face a hardship exceeding the "normal hardship" expected from relocation or separation. Here’s what USCIS will examine in determining eligibility:
If you or someone you know is facing a challenging immigration situation involving the J-1 two-year residency requirement, we’re here to help. At the Law Offices of Sabrina Li, we specialize in navigating complex immigration waiver applications. Contact us today at (213) 375-8096 or email us at info@sabrinali.law for expert guidance. We’re committed to keeping families together in the United States.
Our attorneys possess diverse immigration experience and have an in-depth understanding of the complex interplay between various immigration laws, policies, and regulations, ensuring accurate and comprehensive guidance. We offer a full range of immigration services, addressing all aspects of your case while identifying potential opportunities and challenges.
We provide a tailored approach to each client's case, ensuring that you receive individualized attention and a customized strategy for your unique situation. We adjust our strategy as your needs or circumstances change, guaranteeing a seamless transition between different phases of your immigration journey.
Our team is composed of immigrant and first-generation American professionals, along with individuals from various cultural backgrounds. Many of us have firsthand knowledge of the challenges faced during the immigration process. This allows us to provide guidance and advocacy rooted in authentic understanding.
