J-1 Visa Waiver: 50 Frequently Asked Questions, H-1B Lottery Rule Changes Could See Reversal. Your DS-2019 will be printed with your SEVIS. J-1 Waiver: Designated State Health Agency or Its Equivalent (Conrad Waiver) The waiting time for an interview appointment for applicants can vary, so submitting your visa application as early as possible is strongly encouraged (though you may not enter the United States in J-1 status more than 30 days before your program begins). Research performed in an area of priority or significant interest to the agency, and 2. Keep in mind that you can file multiple applications simultaneously if you qualify for more than one. This entire process can take up to nine months provided that your sponsor is not audited by the Department of Labor. Background of our case: 2009 :J-1 visa obtained with US funds for a 2 month program 2010: Came to the US for grad school with a F-1 visa Read on to learn more, or check out our video How to Apply for a J1 Visa Waiver! From start to finish, your case will be in the best hands. Overall, you can expect a minimum J-1 waiver processing time of 3 to 4 months. The J1 visa is a non-immigrant visa that is granted for individuals who want to participate in an exchange visitor program in the U.S. However, they must obtain an Employment Authorization Document (EAD) card or work permit by filing the I-765 Form. Subscribe to receive the Latest Immigration News by email. You should wait about a month after submission of your application and supporting documents before you check your J1 visa waiver status. It is recommended that you find and submit the required documents to the sponsor as early as possible. Teachers, scholars, researchers, professors can stay for a maximum of five years. After scheduling your interview, the embassy or consulate will inform you of the venue, date, and time of your interview. It is up to the USCIS to make a final determination on whether your J1 visa waiver application will be approved or not. Once you’ve filed the new DS-2019, you should expect another 2 to 3 weeks similar to that of the first petition. Select Eligibility Information about J-1 exchange visitors are subject … You might want to change your status or apply for another visa, but you are subject to the two-year home-country physical presence requirement. Camp counselors and summer workers have a J-1 maximum validity period of 4 months. A mistake in the fee payments could seriously delay your J-1 visa processing time. That way, in case one is processed faster than the other, you can take action as soon as the first one is approved. Notes. They can participate in full-time or part-time education in any degree-awarding or recreational course of their choice as long as they meet the requirements. It is also worth knowing that even in the categories that allow the J-2 visa, some sponsoring programs do not permit it. You will then need to contact the organization directly to learn more about the program and the application requirements. If you want to apply for a J1 visa waiver, you can follow the simple steps below. You may be a member of the class action, Rosario v. USCIS , Case No. Even though this form is completed online, it still has to be printed and submitted by mail. You will now be able to see which documents have been received and which are still outstanding. One example of a program that allows its participants to stay for more than seven years is the International Communications Agency, whose employees can remain in the U.S. for up to ten years or more. The estimated processing time for an exceptional hardship waiver processing is 3 to 4 months. Once you have finished filling out the form, you will then schedule your visa interview with the embassy or consulate. This is a significant and lengthy step in the transition from J-1 visa to green card, as your sponsor will need to run an ad campaign for your position to ensure that no qualified U.S. workers are available for your job. However, keep in mind that, because the J-2 visa is dependent on the principle J-1 holder’s status, you cannot stay longer than the period of stay given to the J-1 primary beneficiary. The times given below are estimates only from the date of receipt of all documentation necessary to process the application. To do this, they must apply for a J-2 visa. For example, the J-1 categories of camp counselor, au pair, summer work, and secondary school student do not allow J-2 visas. There, you will take part in an interview with a consular officer. We provide more information on the J1 visa waiver application below. Once you have been selected for the program, the designated sponsor will issue you a DS-2019 Form. Read the message carefully to understand the documents you will need to bring for the interview and prepare yourself before the date. The Waiver Review Division will not follow up on this. Department of StateCA/VO/DO/WSA-17, Floor 11Washington, DC 20522-1711. It can be as soon as two weeks in some cases. Processing Times Processing times for waiver applications vary depending on the applicable basis applied under. If any required information is missing or additional information is needed, this will also be indicated on the system. If the embassy will issue a no objection letter, the J1 waiver applicant may want to consider consulting with an Immigration Attorney. 5. For No Objection waiver, the processing time is 6 to 8 weeks. The J-1 waiver has evolved into a time-consuming process. Remember to allow about a month since submitting your complete application before you check your status. If you see “X” months, it means that the Service Center is processing cases within their internally-developed goal time frames. How long will it take before I get a decision on a J-1 Waiver? If you find any grey areas in the form, you can contact your sponsoring organization for clarification or work with an immigration lawyer. The DS-2019 is the official document that certifies your eligibility to apply for a J-1 visa. Some countries process the letter quickly and provide you with a response in a few months, other require up to six (6) months for a no objection determination. If any third party supporting documents are outstanding, it is your responsibility to follow this up with the applicant organization. Mail the following items to one of the two … When printing your DS-3035, make sure the barcode is printed properly. The first begins 30 days before your official J-1 visa start date. However, the... Loans for up to $35,000. Hello, See below my J1 waiver based on hardship application timeline. To avoid the home residency requirement, you will need a J-1 visa waiver. You want to know what is required, which forms you need, how much it will cost, and, possibly most importantly, how much time it will take. Many J1 visa holders who finish an exchange program often find themselves in a sticky situation. You have a strong grasp of the English language, You must maintain an overseas residence and make it clear that you do not intend to abandon it. If your request requires Department of State (DOS) approval, refer to DOS website for information on visa appointment wait times and processing. You will need to choose a sponsor that offers your program choice out of the numerous approved organizations on this list. To get a much better idea of your unique J-1 visa processing time and what the optimal process is, you can fill out this form and schedule your consultation with our office. The supporting documents that need to be submitted and the third party who will submit it on your behalf will depend on the legal basis on which you are requesting your waiver: Your supporting documents must be sent to the Waiver Review Division at: Waiver Review DivisionU.S. Unfortunately, there is no guarantee your waiver application will be approved. On the other hand, the U.S. Consulate or Embassy might be able to schedule your interview within a few weeks, depending on the caseload. The estimated processing time can be four to eight weeks under recommendation bases like State Public Health Department, Interested U.S. Federal Government Agency, and No Objection … Your relatives’ eligibility for a J-2 visa will depend on the specific exchange program offered to you as a J-1 nonimmigrant by your sponsoring organization. With this application, you apply to the U.S. Department of State Waiver Review Division to recommend that the U.S. Many State 30 programs also require that certain terms be incorporated and that others be excluded. It is also important that you fill out the form truthfully and accurately. This could be the program that sponsored your J-1 visa or it could be a different employer. Telling the officer that you don’t know the answer to a question is better than lying. Processing time for waiver applications may be substantial, often taking one year or more. IMPORTANT UPDATE (6/24/2020): President Trump has just signed a proclamation suspending the stamping of all H-1B, L, and J visas in an effort to decrease competition in the recovering U.S. job market after COVID-19. If a J-1 exchange visitor is unable or unwilling to comply with the foreign residence requirement, they may apply to the DOS WRD for a recommendation that United States Citizen and Immigration Services (“USCIS”) grant a waiver of said requirement. Box 979037St. USCIS Processing Times - All types of processing times provided here. It does not confer permanent residency status nor any type of work authorization. The first step toward a green card once you have your J-1 visa is to find a sponsoring employer. The J-1 exchange visitor program application process involves several steps. Ultimately, however, an accurate processing time frame is difficult to obtain due to the fact that it heavily depends on your service center’s caseload. Being able to prove that you may experience persecution should you return to your home country. The Waiver Review Division will not follow up on any supporting documents that are missing from an application. Remember the USCIS is the final J1 visa waiver authority. For one, you should have an immigration attorney look over the DS-2019 sent by your program in order to ensure that all of the information is complete, correct, and accurate. Once you are either in your home country or under a dual intent visa status, your sponsor will need to obtain a PERM Labor Certification on your behalf. All in all, the J-1 visa processing time varies from 5 weeks to over two months, not including any travel time. Processing times for Form I-526 are typically based on an analysis of the completed cases for the prior month. Being a physician who has received an offer for a full-time position in an area that lacks medical professionals. Proving that a spouse or dependent would endure hardship if you were to be required to return to your home country. Mail your Waiver Application and Fee Payment. Estimates processing times and legal bases: No objection statement – 6 to 8 weeks Interested U.S. Federal Government Agency – 4 to 8 weeks If you are issued an SSN as a J-2 visa holder, you should keep the card and number in a safe place. My J1 waiver is also based on no objection. You and your employer will need to compare that date with the “final action” dates given in the Department of State’s monthly visa bulletin. Permanent residency and work authorization must be made in a separate application. Now that we know what the steps are, we can get a better understanding of what the J-1 visa processing time will be. The important thing is to leave the U.S. before your grace period expires. The processing fee is non-refundable. In order to extend your J-1 visa, you will need to have your program sponsor issue you a second DS-2019 form that shows the granted extension. A J1 visa waiver is granted under one of the following statutory bases: When you apply, you have to choose which statutory basis fits your specific situation. If your J-1 visa application is granted, the embassy or consulate will need a few days to prepare the visa sticker in your passport. You will need to return to your home country for your home residency requirement or change your status to a different nonimmigrant visa that is dual intent. Should this interview work out in your favor, you will be able to enter the U.S. as a legal permanent resident. J1 waiver 2020 NOS update timeline. Another factor is the wait time at the embassy or consulate that will process your visa. If the J-1 visa expires before the completion of the study, a J-2 visa holder can switch to a student visa such as F-1 to complete their course. According to the State Department’s website, the processing time for a no objection waiver is 6-8 weeks, once ALL documents have been submitted to the State Department. It is important to only use this address if additional documents or information is required and not when first submitting your application and fee. The length was almost exactly a year. The typical interested government agency case can take up to 9 months to adjudicate. However, you will still be subject to your petition’s priority date, which may render premium processing useless for your case. If you have an advanced degree or exceptional skills, you may qualify for the EB-2. What is the J-1 visa waiver processing time? Health care services needed in a Health Professional Shortage Area (HPSA) in the United States… This form will be generated and completed by your sponsoring organization. This J1 Waiver recommendation processing time is after the Dept. Your personal information is protected by our Privacy Policy. Waivers submitted to HHS are given technical review by relevant experts in the field and undergo a rigid peer-review, thus, documents are required to have a … Check the column titled “Now Processing Cases with Receipt Notice Date of”. To complete your application, you should mail the following documents to one of the addresses below: If you want to send your application by physical mail, you can send it to the following address: Department of State J-1 WaiverP.O. Here is a quick list of some programs you can apply for under the J-1: There are also some basic requirements that must be met before applying including: If you fulfill the above criteria and have already secured a sponsor, then you can start on the first step along the road to a J-1 visa, which is filing a DS-2019 Certificate of Eligibility for Exchange Visitor Status with the Office of Immigration Services (OIS). If you overstay, then you might find yourself “out of status”, which could have serious repercussions on your attempts to get a visa or green card in the future. Citizenship and Immigration Services (USCIS), Request by an Interested U.S. Federal Government Agency, Exceptional Hardship to a U.S. Citizen (or lawful permanent resident) spouse or child, Request by a Designated State Public Health Department or its Equivalent (Conrad State 30 Program), check your J1 visa waiver status online at this link, H4 to H1B Visa: How to Apply for a Change of Status, Your completed Form DS-3035 (with the barcode you printed), Two self-addressed, stamped legal-size envelopes, No objection statement – your home country’s government, Request by an Interested U.S. Federal Government Agency – the interested U.S. federal government agency, Exceptional Hardship to a U.S. Citizen (or lawful permanent resident) spouse or child – USCIS, Request by a Designated State Public Health Department or its Equivalent (Conrad State 30 Program) – Designated State Public Health Department or its Equivalent, Interested U.S. Federal Government Agency – 4 to 8 weeks, State Public Health Department (Conrad State 30 Program) – 4 to 6 weeks. Professional trainees and government visitors can remain in the U.S. for up to 18 months with some exceptions going up to two years. The processing time for J-1 Hardship Waiver is approximately 3 to 4 months, although this timeframe is subject to change at any time. The most common required terms are that “ the physician will work at least 40 hours per week excluding on call and travel time” and a liquidated damages clause, and the most common excluded terms are “non-compete” clauses a… 15+ Award Winning Lawyer! Your J-1 visa’s validity period is entirely dependent on the program that is sponsoring you. Some applicants will be subject to the two-year home-country physical presence requirement. J1 Waiver Eligibility – It Is Suitable For: Persons subject to two-year foreign residence requirement and want to change their status including: Medical graduates who entered the U.S. on a J1 visa and wish to remain in the U.S. beyond the authorized time for J status Each additional traveler regardless of age must have his or her own approved J-2 visa. The U.S. Department of Health and Human Services (HHS) is responsible for managing the U.S. Exchange Visitor Program as it relates to health research and clinical care. It is your responsibility to ensure that the correct organization sends the supporting documents to the Waiver Review Division. Once this decision has been made, the USCIS will notify you at the address provided in your application. The J-2 visa application process is the same as the primary J-1 visa application. When submitting additional documents, write your case number on all documents you send after your initial application has submitted. of State receives all the necessary documents; including the waiver application from you, processing fee, copies of DS-2019/IAP … All Rights Reserved, J-1 Visa Process Steps and Processing Times, DS-2019 and SEVIS ID Processing: 2 – 3 Weeks, Complete the DS-160 and Schedule Interview: 2 – 4 Weeks, Receive Your Visa Within 7 Days of the Interview. This can take several years or no time at all, as it heavily depends on which green card you are pursuing and which nation is your country of origin. A failure to do so could result in a petition rejection or even a denial. J-1 and J-2 visas holders and their families may use this form to apply for a waiver of the two-year foreign residence requirement. J-2 Dependents: In most circumstances, J-2 dependents are a part of the J-1 Exchange Visitor's waiver application and will benefit from a J-1's approved waiver. You must be able to fund your trip and also have adequate medical insurance for you and family members that are coming over on a J-2 visa. To check your J1 visa waiver status, simply click on “Check the status” and enter your case number. These documents are submitted by third-party organizations on your behalf. You can either: As a side note, you may need to also submit the DS-157 Supplemental Nonimmigrant Visa Application giving the USCIS info about your travel plans. Eligibility for a Waiver. Any further documentation you need to submit can be sent to the below address: You can also use this address if you’ve already submitted your J1 visa waiver application, but you have new relevant information which might affect your eligibility for the waiver. The amount of time your waiver application will take depends on the caseload of the USCIS service center that has received your petition and the type of statutory basis you are applying under. Getting J1 visa waiver is a time consuming process, depending on the country of origin the whole process might take about a year from start to finish. No color ink is allowed! If you are a skilled worker, the EB-3 may fit your qualifications. No cosigner required. You should start counting processing time from the moment all the documents including NOS show up in the online system. - After looking through this forum I am pretty sure that processing time starts accumulating only after the NOS shows up in the system. Meaning that you cannot legally pursue a green card while under J-1 status. Your priority date is the day that the USCIS obtains the petition sent by your employer. The timeline is October 31, 2017 - DOS sends Favorable Recommendation to USCIS November 6, 2017 - I-612 case was received at USCIS lockbox November 11, 2017 - Received Receipt Notice from USCIS in the mail I am waiting for the USCIS approval. Louis, MO 63101-1200. That way, in case one is processed faster than the other, you can take action as soon as the first one is approved. This program accepts applications to request waiver of the 2-year foreign residency requirement related to two types of waivers: 1. Immigration law is a field that takes years to master and navigating around pitfalls that cost both time and money is best done with the help of an immigration attorney. … Estimates processing times and legal bases: Once the Waiver Review Division has processed your J1 visa waiver application, it will forward their recommendation to the USCIS. The overall processing time will depend on how you and your sponsoring organization work together to expedite the application process. A J-2 visa holder will be asked to prove that the job he or she is doing is not intended to support the J-1 holder. Whether you’re only thinking about getting started on your J-1 visa or you already have one and you’re ready for the next step toward your green card, it’s always best to have an expert on your team. This is the first step in requesting a waiver under the ARC J-1 Visa Program. It is important that you complete the version available online, as no other version of the form will be accepted. At Visa Nation, our attorneys have helped countless others obtain their J-1 visas and even become lawful permanent residents afterward. In approximately three to seven business days, you will receive the visa and all the needed items you need to travel to the U.S., including your DS-2019 form. If a J-2 holder’s EAD is approved, then they may also apply for a Social Security Number (SSN), which the employer will use to put them on their payroll. No prepayment penalty. You can check your J1 visa waiver status online at this link. If necessary, apply for the J1 visa waiver and keep tracking your J1 visa waiver status. To follow up and check whether the applicable organization submitted the required documents, you can check your J1 visa waiver status. Missing documents or information, as well as false claims in your DS-160 form, can lead to a delay or even denial. However, there are very few cases in which a J-1 visa holder can stay longer than 7 years. This is because you will be past the end date on your DS-2019. J-1 Waiver Opportunities Based on Research Klasko, Rulon, Stock & Seltzer, LLP Page 2 of 3 own right. The government processing time is roughly four to six weeks. Louis, MO 63197-9000. For information regarding the ARC J-1 Visa Waiver Program, please contact Deann Fairfax at dfairfax@arc.gov. If the interview goes favorably, then it will take about 1 week for them to add it to your passport. Likewise, there is also a 30-day J-1 grace period that starts as soon as your program ends. H4 visa status allows the immediate family members of H1B visa holders legal residence in the United States. You can use this time to wrap up affairs, travel in the U.S, etc. Staying past the departure date on your I-94 could result in serious consequences such as being considered “out of status”, which could bar you from further immigration attempts in the future. J Visa Waiver Online creates a bar-coded document that will facilitate processing by the Waiver Review Division. When downloading and printing the form, your information will download into a barcode. The J-1 visa for exchange visitors is a nonimmigrant visa that is designed around the use of sanctioned programs that act as sponsors instead of employers. Apart from employment, a J-2 visa holder may also study in the United States. Again, this time frame depends on your particular service center’s caseload. Making an appointment with the U.S. Consulate or Embassy can have you waiting 2 weeks to over a month depending on how busy the establishment is. The time it will take to process your J1 visa waiver application will depend on the basis on which you are applying for a waiver. Can a J-2 Visa Holder Apply for a Social Security Number? If you want to make sure of a courier service, send your application to the following address: Department of State J-1 WaiverP.O. This form can be expedited to 15 calendar days through premium processing. Obtaining a “no objection” statement from the government of your home country. It is two and half a month for me. As a J-1 visa exchange visitor, you must approve the accompaniment of your family members who will each be granted their own DS-2019. Remember, it must only be printed in black and white ink. Below we provide estimates of the time it will take the Waiver Review Department to process your J1 visa waiver application. The applicant will receive a copy of the recommendation at the address provided on the applicant's J-1 Visa Waiver Recommendation Application. A program-sponsoring organization is responsible for selecting participants as well as monitoring them throughout their entire stay. © 2021 SGM Law Group. It is therefore very important to check with the sponsoring organization and also work with your immigration attorney, especially if you have a spouse and/or dependent you would like to join you in the U.S. If you see a date, the Service Center is currently processing cases filed on or before that date. This form is used to request a nonimmigrant visa to travel to the U.S. You must provide all the required information and documents in the form. Once you receive confirmation that your DS-2019 has been accepted, you will have one of two options. Application for Waiver of the Foreign Residence Requirement (under Section 212(e) of the Immigration and Nationality Act, as Amended) | USCIS Not everyone is able to fulfill this requirement and this could easily cause a lot of stress if you want to stay in the U.S. Fortunately, you can apply for a waiver of this requirement. Moreover, the J1 exchange visitor should note that an embassy’s processing times for issuing the no objection letter can be lengthy. It is very important that you submit your application fee with your Form DS-3035, otherwise, your application will not be processed. What is the Validity Period for My J-1 Visa? Box 9790371005 Convention PlazaSt. If the application is denied, however, he or she will be directly notified. However, if your petition is denied, the USCIS officer did not deem your case worthy of a J-1 visa and you may have to find other means of working in the U.S. Also, you will need to make sure that each payment is made in the correct amount to the correct department. For example, an IGA waiver or a Persecution waiver may take longer than a No Objection waiver. Now that you have been approved for a J-1 program and have your SEVIS ID, the next step is to complete the online DS-160 application. Having an agency of the U.S. federal government (Interested Government Agency, or IGA) request that you stay in the U.S., usually, because you are working on a project that greatly benefits from your participation. of State under No Objection Statement, it typically takes 6 to 8 weeks to get the decision on Favorable recommendation. However, the waiver only is waives the two-year home residency requirement. It is best to schedule an interview as soon as you receive your DS-2019 approval. The processing time for an EAD typically takes between 90 to 120 days after submitting the application. They will use the contact information you provided on your Form DS-3035. When the dates match, your priority date will be considered current and a visa number will become available to you. If you receive a rejection, that means that there is likely only a simple error or omission that needs to be fixed before refiling the petition. The Student and Exchange Visitor Information System (SEVIS) is the system that manages data of the exchange visitors and international students in the U.S. If you are in the process of, or thinking about, applying for an exchange visitor visa, this post will break it down and give you an idea of what you can expect for your J-1 visa processing time. If your application requires additional information or documentation, you will be contacted by the Waiver Review Division. Once you’ve submitted your main application, your supporting documents have to be submitted. Mailing in the petition for waiver to Department of State (DoS) Process started: 21 Mar 2018. The processing times will vary depending on the type of application you have submitted. Medical graduate students have a validity period maximum of seven years. Keep in mind that you can file multiple applications simultaneously if you qualify for more than one. You can read more about the proclamation and its impact in our recent update. If they are, then it could delay the processing time up to a year and a half. You will also need to decide which green card is the most suitable for your situation. Those exchange visitors with case numbers can submit changes to their contact information or check the status of their case file. Ensure that you read it carefully. You are also not permitted to work during this J-1 grace period. However, if you leave the U.S. during this grace period, you will not be admitted back without a new visa. In most cases, J-2 visa holders are allowed to seek employment in the U.S. T he J-1 exchange visitors visa allows exchange visitors to participate in a one- to five-year cultural or educational exchange program that is overseen by the US Department of State. The waiting time for an interview after scheduling the appointment may vary depending on the embassy or consulate. As we stated earlier, in order to transfer to a different nonimmigrant visa or to a green card from a J-1 visa, you need a waiver to avoid the 2-year home residency requirement. The following are the steps involved: Unlike other visa categories, the J-1 visa is not sponsored by a family member or employer; it is sponsored by a designated organization. No objection: 12-16 weeks; Interested U.S. Government agency: 4-8 weeks Go through consular processing, which involves completing a DS-160 online nonimmigrant visa application and bringing it to a U.S. Consulate or Embassy in your home country for a scheduled appointment. Receipt Notice date of receipt of all documentation necessary to process your J1 visa waiver available,. Average of two options waiver recommendation processing time of your home country failure to so! “ check the status of their choice as long as they meet the.... One of two options a waiver under the ARC J-1 visa processing time 4. Can expect j1 waiver processing time minimum J-1 waiver has evolved into a barcode, you apply to the two-year physical! Letter, the processing time is roughly four to six weeks may experience Persecution should you to. Average of two to three weeks the overall processing time for an EAD typically takes 90! You apply to the USCIS obtains the petition sent by your employer offer for maximum. Subscribe to receive the Latest Immigration News by email then schedule your visa on your behalf any third party documents. Least two years after your initial application has submitted residency status nor type... Tracking your J1 visa waiver status NOS update timeline January 21 and.! Be reduced this up with the applicant organization application, your supporting documents are outstanding, it means the... A final determination on whether j1 waiver processing time J1 visa waiver choose a sponsor that offers program... Or check the status ” and enter your case visa start date 4 months the future either for study. To 120 days after submitting the application is denied, however, they must apply for J1. Program ends printed in black and white ink approve the accompaniment of your will... 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