1. What is the National Visa Center (NVC) processing of J-1 Waiver of Two-Year Home Residency Requirement?

The National Visa Center (NVC) processing of the J-1 Waiver of Two-Year Home Residency Requirement allows foreign nationals in J status to apply for a waiver of the two-year home residency requirement that is imposed upon them. The waiver must be requested from the U.S. Department of State, and the NVC assists in collecting all necessary documents and fees for the application. Once approved, the waiver allows the foreign national to remain in the United States and pursue permanent residence.

2. What are the qualifications for a J-1 Waiver of Two-Year Home Residency Requirement?

To qualify for a J-1 Waiver of the Two-Year Home Residency Requirement, the applicant must meet one of five criteria:

1. No Objection Statement – The applicant’s home country must have issued a no objection statement to the U.S. Department of State or have informed the U.S. government that they do not object to the applicant’s request for a waiver;

2. Request by an Interested U.S. Government Agency (IGA) – An interested U.S. government agency must make a formal request on behalf of the applicant;

3. Exceptional Hardship – The applicant must prove that their departure from the U.S. would cause exceptional hardship to their U.S. citizen or permanent resident spouse or child;

4. Persecution – The applicant must demonstrate that upon their return to their home country, they would be subject to persecution on account of race, religion, or political opinion; and

5. Interested Government Agency (IGA) – An interested government agency in the applicant’s home country must agree to accept the applicant upon their return and ensure that the two-year home residency requirement is fulfilled in that country.

3. How long does the NVC processing for a J-1 Waiver of Two-Year Home Residency Requirement take?

The NVC processing time for a J-1 Waiver of Two-Year Home Residency Requirement varies depending on the individual case. Generally, the processing time can take up to a year or longer.

4. How is the eligibility for a J-1 Waiver of Two-Year Home Residency Requirement determined?

The eligibility for a J-1 Waiver of the Two-Year Home Residency Requirement is determined by the U.S. Department of State (DOS) based on several factors, including: 1) requests from an interested U.S. government agency; 2) a recommendation from the home country of the J-1 visa holder; 3) proof of persecution or fear of persecution based on race, religion, or political opinion; 4) the likelihood that the waiver will be used to promote cultural exchange; 5) proof that departing the U.S. would cause exceptional hardship to either the J-1 visa holder or their family members; 6) proof that return to the home country would result in a substantial loss to the program; and 7) proof that a request for a waiver has been granted in similar cases.

5. What specific documents are required for a J-1 Waiver of Two-Year Home Residency Requirement?

To apply for a J-1 Waiver of Two-Year Home Residency Requirement, the following documents must be submitted:
* A Form I-612, Application for Waiver of the Foreign Residency Requirement, completed and signed.
* A copy of the J-1 visa holder’s passport.
* A copy of the visa holder’s DS-2019 form.
* Evidence to support the waiver request, such as an offer of employment from a U.S. employer or a statement from a U.S. government agency.
* Evidence of any hardship or persecution that may occur if the visa holder returns to his or her home country.
* A personal statement from the visa holder outlining his or her reasons for requesting the waiver.
* A check or money order for the filing fee made payable to U.S. Department of Homeland Security.

6. What role does the United States Citizenship and Immigration Services (USCIS) play in the NVC processing of a J-1 Waiver of Two-Year Home Residency Requirement?

The USCIS plays a key role in the NVC processing of a J-1 Waiver of Two-Year Home Residency Requirement by reviewing the J-1 waiver application, making the decision to approve or deny the waiver, and providing written notice to the National Visa Center. The USCIS will also provide guidance regarding any additional steps that may be necessary to complete the J-1 waiver process.

7. Are there any fees associated with the NVC processing of a J-1 Waiver of Two-Year Home Residency Requirement?

Yes, there are fees associated with the NVC processing of a J-1 Waiver of Two-Year Home Residency Requirement. The fees are: $230 for the I-612 application fee, $325 for the immigrant visa application fee, and $88 for the biometrics services fee.

8. Is there a specific timeline for NVC processing of a J-1 Waiver of Two-Year Home Residency Requirement?

Yes, there is a specific timeline for the NVC processing of a J-1 Waiver of Two-Year Home Residency Requirement. Generally, the timeline is as follows:

1. Submission of application to NVC: 6-10 months.

2. NVC review: 1-2 months.

3. USCIS adjudication: 3-4 months.

4. Final visa processing: 1-2 months.

Note that this timeline is approximate and may vary based on the individual case.

9. Are there any limitations to who may apply for a J-1 Waiver of Two-Year Home Residency Requirement?

Yes, there are several limitations to who may apply for a J-1 Waiver of Two-Year Home Residency Requirement. Eligibility for the waiver is determined by the Department of State and is based on factors such as the foreign national’s country of origin, the type of J-1 visa held, and whether or not the individual has received certain types of U.S. government funding. Additionally, certain J-1 visa holders may not be eligible for a waiver if they have participated in certain exchange programs.

10. What happens after the NVC has processed the application for a J-1 Waiver of Two-Year Home Residency Requirement?

Once the NVC has processed the application for a J-1 Waiver of Two-Year Home Residency Requirement, it will forward the application to the Department of Homeland Security. After that, the DHS will review the application and make a decision on whether to approve or deny the waiver. If approved, the waiver will be sent to the consular officer handling the applicant’s case, and they will be able to move forward with processing their visa.

11. How do I appeal if my application for a J-1 Waiver of Two-Year Home Residency Requirement is denied by the NVC?

If your application for a J-1 Waiver of Two-Year Home Residency Requirement is denied by the NVC, you may file an appeal to the U.S. Department of State. The appeal must be filed within 30 days of the denial. You must clearly state why you believe the denial is incorrect and include any new evidence or information that was not included in the original application. You should also include copies of all documents that were part of the original application. The appeal should be sent to:

U.S. Department of State

Office of Visa Services

Waiver Review Division

CA/VO/F/W (W)

2401 E Street, NW, SA-1, Room L-603

Washington, DC 20522-0106

12. Can I expedite the NVC processing of my application for a J-1 Waiver of Two-Year Home Residency Requirement?

No, you cannot expedite the NVC processing of your application for a J-1 Waiver of Two-Year Home Residency Requirement. Processing times vary depending on the caseload at the NVC and the Department of State. You can check the current processing times on the NVC website.

13. Are there any exceptions to the process outlined by the NVC for J-1 Waiver of Two-Year Home Residency Requirement applications?

Yes, there are some exceptions. For example, applicants who are eligible for a provisional waiver may be able to bypass the NVC process. The provisional waiver allows those who are subject to the two-year home residency requirement to apply for a waiver of that requirement before departing the United States. Additionally, applicants may be eligible for an exemption from the two-year home residency requirement if they meet certain criteria, such as proving extraordinary hardship or being selected for the Conrad 30 J-1 Waiver Program.

14. Is it possible to transfer my application for a J-1 Waiver of Two-Year Home Residency Requirement to another agency or department?

No, once you have submitted your application to the agency or department with which you are currently working, it is not possible to transfer it to another agency or department.

15. Can I withdraw my application for a J-1 Waiver of Two-Year Home Residency Requirement at any time before or after it has been processed by the NVC?

Yes. You can withdraw your application at any time before or after it has been processed by the NVC. The withdrawal must be in writing and sent to the appropriate authority, such as the Department of State or the NVC.

16. How do I track my application’s progress through NVC processing for a J-1 Waiver of Two-Year Home Residency Requirement?

You can track the progress of your application through the National Visa Center (NVC) processing by logging into the NVC website and entering your NVC case number. You can also call the NVC Hotline at 1-603-334-0700 or email them at [email protected] for more information about your application.

17. Does the NVC provide forms and guidance for submitting an application for a J-1 Waiver of Two-Year Home Residency Requirement?

Yes, the NVC provides forms and guidance for submitting an application for a J-1 Waiver of Two-Year Home Residency Requirement on their website.

18. Do I need an attorney to assist me in filing an application for a J-1 Waiver of Two-Year Home Residency Requirement with the NVC?

No, you are not required to have an attorney to file an application for a J-1 Waiver of Two-Year Home Residency Requirement with the NVC. However, it is recommended that you seek advice from an experienced immigration attorney before filing any application with the NVC to ensure that your application is properly prepared and filed correctly.

19. What evidence must I provide to demonstrate that I meet all eligibility criteria for a J-1 Waiver of Two-Year Home Residency Requirement?

You must provide evidence that you meet all of the requirements as listed in the J-1 Waiver of Two-Year Home Residency Requirement regulations. This includes, but is not limited to, evidence demonstrating that you meet the eligibility criteria for a J-1 waiver, such as a statement from a U.S. federal government agency that you are eligible to receive an interest-based or no objection waiver, a statement from your home country government supporting the request for a J-1 waiver, and documentary evidence that all conditions of the J-1 visa have been met.

20. If my application is approved, how long will it take to get my waiver and when can I start working in the US under this waiver program?

It usually takes about 4-6 weeks for a waiver application to be processed by the government. After approval, you can start working in the US as soon as you receive your ESTA waiver.