J-1 Waivers

J-1 waiver attorney

J-1 Waivers

Waiving the 2-year residence requirement

The J-1 Visa is a non-immigrant visa issued to exchange visitors participating in programs promoting cultural exchange. Under INA §212(e), J-1 visa holders might be required to fulfill a two-year foreign residence requirement in their home country after their program in the U.S ends. A large proportion of physicians who enter the United States to pursue graduate medical training uses the J-1 visa.

A J-1 physician subject to the two-year home residence requirement may not obtain an H-1B visa, an L-1 visa, change non-immigrant status within the U.S., nor adjust status to permanent residency or obtain an immigrant visa without first returning to their country and spending a total of two years abroad.

Individuals can apply for a waiver of this requirement based on several grounds. Physicians are eligible for a waiver based on persecution, a waiver based on exceptional hardship to the physician’s U.S. citizen or permanent resident spouse or child; or one based on the favorable recommendation of an interested U.S. government agency (IGA). These are generally available only to physicians who providing clinical medical services to an underserved population for at least three years.

Real Stories

Hear directly from those who have already obtained a green card or citizenship with us

Massa Viana Law, is the “absolute best legal team” we could have chosen to represent us through our immigration process. We were guided through the entire case, by professional and caring experts. Mr. Viana and the entire staff were most impressive, knowledgeable and friendly. The staff always made us feel at ease at every step of the way. We could not have asked for better service!

Donald Metivier

My wife and I had no idea what to do with her visa process, and Dr. Antonio and team helped us through everything. He clearly cares a lot about his clients and it shows in his effort and results. We couldn’t ask for a better lawyer and partner on our legal journey.

Charles Offenbacher

Great lawyers, great office and great experience. They care about you and they work around the clock to make sure that nothing is left to chance. There’s always somebody on the phone and the communication is always on point. They guide you step by step along the way. You’re in good hands if you go with Antonio’s team. I would definitely recommend them.

Alex Langkos

With a very professional, knowledgeable, and compassionate approach, Antonio Viana helped me with my immigration needs. By being always assuring and available to answer my questions, which can be an issue for most lawyers, he has made a huge difference to the stressful process. I highly recommend his services!.

Debora Marques

As a young couple, the thought of navigating the immigration process seemed really duanting and impossible at times. Massa Viana Law made it possible. Massa Viana Law provided exceptional service and support throughout the entire immigration process. We appreciate their professionalism, kindness, passion, and experience in helping us. We highly reccomended Massa Viana Law!

Brenna McGillion

Antonio Massa Viana and his team were handling my immigration process very professional and I had my Greencard in record time. Highly recommended!

Manfred Burkart

Antonio helped us navigate a very stressful process. We could not be more pleased with our experience. Professional, courteous, supremely organized.. and a true gentleman from start to finish. Thank you!, thank you!, thank you! Antonio..

Tim Fitts

They are very professional and effective team for every case; also Antonio Massa put all the effort in each client… I highly recommended.

Ana Maria Linares

Tive uma experiência muito gratificante com o dr:Antônio. Um profissional muito atencioso, que demonstra interesse no caso do cliente e com uma equipe profissional excepcional. Dr: Antônio e sua equipe estão de parabéns.

Jessica Vidal

Sr. Antonio Massa Vianna e toda sua equipe são nota 1000. Profissionais super qualificados atenciosos e prestativos . Muito obrigado a ajudar a minha família a obter sucesso em nosso caso. Desejo cada vez mais sucesso a todos vocês . Recomendo para meus amigos e todos aqueles que desejam ter sucesso em seu caso. Agende um horário e comprove.

Narbal Alves Junior

FAQ

Frequently Asked Questions

Obtaining a waiver to the 2-year residency requirement ‘waives’ the limitations imposed, allowing J-1 physicians to apply for non-immigrant and immigrant visa options without first returning to their home country for two years. However, they must meet the eligibility criteria for the specific waiver.
J-1 physicians can obtain a waiver through three primary avenues: demonstrating a risk of persecution in their home country, showing exceptional hardship to a U.S. citizen or permanent resident spouse or child, or securing a recommendation from an Interested U.S. Government Agency (IGA).
An IGA waiver is secured through a recommendation from a U.S. federal government agency. It considers the physician’s role in clinical services or research that are vital to underserved communities or nationally significant scientific programs.
Physicians are generally excluded from obtaining a waiver through the “no objection” statement avenue, which is otherwise available to other exchange visitors.

If you still have questions, contact us now by clicking the button
“I still have questions”

Still have doubts?

Talk to us now

I still have questions

Embrace Your American Dream with Our Immigration Support

We will put you on a path to a Green Card

Our immigration lawyers will be honored to guide you through the immigration maze, leading you in every step of the immigration process.

I am interested