If USCIS determines that Exceptional Hardship does exist, it forwards the J-1 Waiver file to DOS. You will need to send the WRD a paper copy of your completed application form, a printout of the page with the bar code on it that was generated when you filled out the online form, a check or money order for the application processing fee ($120 as of 2020), and other documents in support of your application. However, this requirement can be waived if the home country presence will cause hardship for your spouse or child who is a U.S. citizen or lawful permanent resident. All Rights Reserved. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. If your home country is facing things such as war or terrorism, you can present this as a reason for the exceptional hardship waiver. A J-1 visa waiver is sought in order to bypass the rule that requires J-1 holders to be physically present in their home country for two years. How does your law firm ensure a favorable outcome? USCIS will then issue you an approval notice on Form I-797. Each basis has its own qualifying scenarios, and you cannot apply for two at a time. They are. USCIS will forward that recommendation directly to the WRD, but first you need to ask … If you don’t think you qualify for an exceptional hardship waiver based on the aforementioned criteria, there’s still hope. The U.S. does not take the welfare of its citizens lightly. Interested Government Agency (IGA) Waivers. The DOS Waiver Review Division will evaluate all waiver application before making recommendations to the USCIS. In short, a hardship waiver is one which demonstrates extreme hardship conditions that would be endured should a foreigner be required to adhere to the two-year physical presence requirement. Our office often gets questions regarding J-1 visas, their waivers, and the best way for them to be approached for a favorable outcome. In some states, the information on this website may be considered a lawyer referral service. The disadvantage is that hardship waivers typically take longer to process than IGA waivers and if granted and a bridging work visa is required, such as an H-1B, the employer must be exempt from the H-1B cap and the J-1 physician must depart and apply for an H1B visa abroad and return. You’ll have to print this Form I-612 out after you complete it, and mail it to the address on the website, along with the USCIS filing fee, ($930 as of early 2020). This is not just a statement of the hardships involved. Typical processing time can range anywhere from three to four months, depending on the case. Wait to file your I-612 until you’ve applied with the WRD first—otherwise, the WRD won’t know what to do if USCIS sends its recommendation. Representing approximately 6% of all waivers granted to physicians holding J-1 visas, the 'hardship' waiver requires a persuasive showing that either an American citizen/permanent resident spouse or child will suffer exceptional hardship should the J-1 visa holder be required to return home to fulfill the two-year home residency requirement. That’s not the end of the story, however. There are 5 bases under which a J-1 visa can be granted. There is a range of hardship factors, which are best explained by our Fort Lauderdale immigration lawyers; however, a few of the most common factors include economic hardships, political, religious, medical, social, and psychological. Exceptional Hardship. Therefore, if a J-1 visa holder has a spouse or child that is a U.S. citizen or lawful permanent resident (LPR) of the U.S., there is a higher chance that he or she will have the foreign residency requirement waived. The U.S. government wants J-1 visa holders to use their newly acquired skills and knowledge to contribute to the development of their home countries. Or you can show that it will affect the source of income needed to pay the person’s medical bills or provide insurance for that medical care. – Department of State received Form I-612 from USCIS on December 09, 2019. As previously mentioned, the processing time can be quite discretionary, which means it’s not typically recommended to individuals with more than one application pending at a time. We are available to answer any questions pertaining to your case. People from war-ravaged countries may be able to leverage this option. Complete an Online Application for a J-1 waiver recommendation. DOS estimates that they make favorable recommendations on such J-1 Waiver applications slightly less than 50% of the time. Attorney Brian C. Schmitt has years of experience in private immigration law practice, particularly with J-1 hardship waiver and J-1 persecution waiver applications. § 212(e)), one possible way of getting a waiver of that requirement is to demonstrate that your departure from the U.S. would cause exceptional hardship to your U.S. citizen or lawful permanent resident (LPR) spouse or child. Our office has strategies in place to align your case with the most favorable outcome. During that period, we’ll be better able to lay out a timeline for processing. Another way is to show evidence that the medical facilities in your home country are not adequate for the treatment of your spouse or child. We are available to answer any questions pertaining to your case. J-1 Visa Waivers: Exceptional Hardship P eople whose presence in the US is based on a J-1 visa are subject to a requirement that other visa holders are not subject to — the two-year home residency requirement. The first advantage of securing a hardship waiver is that it gives you the opportunity to settle down with your family and have peace of mind. The U.S. citizen spouse, also a physician, was in the process of completing a highly demanding, prestigious fellowship program. A hardship waiver is initially filed with the USCIS California Service Center (CSC). Their hardship must be “exceptional.”. Begin by going to the J Visa Waiver Online website. If you think you might qualify for this waiver, you’ll need to get approval from both U.S. Do that by applying on USCIS Form I-612. A brief description of the I-612 process and . Of course, it’s impossible to guarantee one result or another since it’s at the mercy of the U.S. Department of State and the U.S. Immigration Service. J-1 visa holders seeking a hardship waiver must prepare and submit the I-612 hardship application, supporting documents, fee, and State Department case number to the appropriate U. S. Citizenship and Immigration Services Service Center. Your best bet is to explain the likely hardships associated with both scenarios. This means the applicant would have to return to his/her country for two years once the J-1 visa has expired. Hardships can also be psychological, social, cultural, economic, educational, career-related, political, religious, or due to compulsory military service. Select Eligibility Information about J-1 exchange visitors are subject to the … Unfortunately, you can’t complete the whole application process online. This case began with our client, a physician on a J-1 visa, with a naturalized U.S. citizen spouse and one young child. If you are having doubts about whether your case is best described as exceptional hardship or persecution, an immigration lawyer can help you out. Persecution based on your risk of persecution for religion, political opinion or race. You’ll enter information on a series of pages, and this will create the application form that the WRD needs. If you have any doubts, it is best to speak with an immigration attorney. What are the disadvantages of hardship waivers? It also allows you to work in the U.S. The latter will spend three or five years in H-1B or another nonimmigrant status before he or she can apply for permanent residence. Though, if the J-1 visa holder submits the Department of State waiver application before the I-612 form to the USCIS, and exceptional hardship was not granted, the fee will not be refunded by the U.S. Department of State. While there is no definitive answer to the length of processing it may be substantial, often take upwards of a year or more for completion. Some individuals might be able to obtain a J1 Waiver, which would eliminate the 2 year foreign residency requirement and allow them to remain in or return to the United States. In order to apply for the J-1 waiver based on extreme hardship, the foreign exchange visitor must: Step 1: Mail your Waiver Applications and Fee Payments. J1 Waiver – Generally, J1 visa holders must return to their home country for at least 2 years after the J1 program ends. That said, the following are some of the common exceptional hardship scenarios under which J-1 waiver is often granted: This includes life-threatening illnesses or conditions requiring regular care and/or medications not available in the person’s home country such as Parkinson’s disease, cancer, AIDS, stroke, and down’s syndrome. J1 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. There is a range of hardship factors, which are best explained by our. If the WRD recommends approval, it will send the I-613 back to USCIS indicating its approval. This article guides you through the waiver application process. No Objection Waiver–Based on a no objection statement from your home country. j1 hardship waiver . Keep in mind that whether it’s for medical, financial, or other reasons, the most important thing about a J-1 visa waiver application is to have strong evidence. that serves as a sponsor. One Method for a J-1 Physician to obtain a waiver of the foreign residency requirement is to obtain a "hardship" waiver. J-1 Hardship Waiver Approval for Doctor from Jordan. Even if one type of hardship is not exceptional, a combination of smaller hardships could amount to something exceptional. Medical problems are often seen as creating exceptional hardship, whether it’s because you wouldn’t be in the U.S. to assist in the person’s care or in working to help pay or provide insurance for that care, or because treatment for the condition wouldn’t be adequate in your home country. The processing of J-1 waiver applications varies depending on the nature of the case. In this case, you can present proof showing that your absence from the U.S. would lead to the failure of the business and the failure can lead to exceptional hardship for the U.S. citizen. holders are subjected to the Foreign Residency Requirement. Unless an I-612 has been submitted to support a waiver application based upon exceptional hardship or persecution claims, it should be rejected with appropriate instructions to the applicant. to the USCIS along with the designated fee. No, exceptional hardship and persecution are two different things as far as the J-1 visa waiver is concerned. 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