How can the two-year home country physical presence requirement be waived?

There are five grounds to get a J-1 two-year home residence waiver:

If the embassy of the alien's home country issues a letter of "no objection" to the alien not returning.

If an interested governmental agency recommends the waiver as being in the national interest. 

If it can be proved that the alien's return would result in persecution to the exchange alien on the basis of race, religion, or political opinion.

If it can be proved that the alien's return would cause an exceptional hardship to the exchange alien's U. S. citizen or permanent resident spouse or child.

E-Consultation

This introduction is only informational and educational and does not constitute legal advice of this law office.  Please consult an immigration attorney or our office for updated information for your specific situation.