2023 J1 Waiver Update and Processing Times #lawyer #immigration #j1

J-1 Visa Waivers J-1 visa holders, and their dependents, who’re subject to INA §212(e) are required to return to their home country for two years, or must obtain a “J-1 waiver” before they can change or adjust their status. If you do not want to return home for the two-year “home country residence requirement,” you can apply for a waiver of the requirement under any one of following five grounds: 1. request by a designated State Department of Health; 2. Interested Government Agency (IGA) 3. persecution; 4. no objection statement; 5. hardship. Hardship J-1 visa holders who can demonstrate that their departure for two years would cause “exceptional hardship” to their United States citizen or lawful permanent resident spouse or child (“qualifying relatives”) may obtain a waiver of the two-year foreign residence requirement. Advantages and Disadvantages of the J1 Hardship Waiver The benefits of the hardship waiver are that, if approved, the applicant can immediately apply for permanent residence or change of status rather than spending three (or five) years in H-1B status as may be required under the IGA wavier process. A physician would also not be limited to employment in underserved areas, but can take a position anywhere. The disadvantages are that the outcome of the application, and the time to process it, is difficult to predict. The hardship to the qualifying relatives in the event they were to go with the applicant to the home country, or in the event they were to remain in the United States, should be considered equally. Requirements for a J1 Hardship Waiver Typical hardships include medical hardship, psychological hardship, political and social conditions in the home country, and economic and career disruption which would impact the qualifying relative(s). Length of marriage, number of children, original nationality of the qualifying relative, and any past separation between the applicant and the qualifying relatives are also taken into consideration. Mere separation and the attendant sadness that this involves is not enough to outweigh the public policy objectives of the J1 program. Because the hardship waiver is not easy to obtain and is highly fact based and subject to discretionary considerations by adjudicating officers, waivers should not be submitted without careful preparation. An experienced immigration attorney can help you determine whether your waiver has a reasonable possibility of success. Chapters: 0:00 Intro 0:35 Types of J1 Waivers 1:56 J1 Exceptional Hardship Waiver Process 2:28 Careful 4:14 Prima Facie 4:53 Checking the Status of the Waiver 5:36 A Two-Step Process 7:50 USCIS Processing Times 8:16 About Expedite Requests 8:26 DOS Expedite Requests 8:45 DOS Processing Times 8:58 Good News If you find this video and the information portrayed useful, like and subscribe now and hit the notification bell.    / @thegreencardlawyer   Share this video with friends:   • 2023 J1 Waiver Update and Processing Times...   Get answers to your immigration questions! Schedule a consultation with our law office at https://www.ranchodlaw.com/ or call 916-613-3553 / 209-220-3137. Instagram -   / ranchodlaw   Facebook -   / ranchodlawgroup   TikTok -   / greencardlawyer   Disclaimer: The testimonials, case results and/or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.