U.S. immigration law requires J-1 visa holders to return to their home country once the visa expires. Then there's a two-year waiting period before you're allowed to apply for another visa and return to the U.S. To bypass this requirement, you need to apply for a waiver. Here's a closer look at what you can expect from the process. 

What Is a J-1 Waiver?

A J-1 waiver eliminates the two-year home-country residency condition of the program. Once obtained, you can begin taking steps toward naturalization and staying permanently within the U.S. In most cases, J-1 visa holders apply for a different type of visa or a green card. 

Who Qualifies?

For the U.S. Citizenship and Immigration Services (USCIS) to award a waiver, you need to fall into one of five categories. They include:

• Being requested by a federal agency

• Relocation back to the home country would cause hardship

• A serious risk of persecution in the home country

• A "no objection" letter from the home government

• Being requested by a state health department

The last immigration law category is also called the "Conrad State 30 Program." It's designed to help bring medical physicians to under-served areas, making it a common choice for soon-to-be and newly graduated medical students. 

How to Apply

Waiver applications are accepted online and by mail. Along with completing the form, you need to provide all required documentation. An immigration lawyer can assist with the process to ensure you complete all steps accurately. The USCIS requires a $120 fee for each application.

If you're temporarily residing in Hawaii on a J-1 visa, learn more about your legal options by reaching out to the Law Office of Carmen DiAmore-Siah. Individuals across Oahu rely on the Honolulu-based attorneys for guidance navigating all areas of immigration law. The office even provides translators for many languages, including Chinese and Japanese. Review the firm's experience online, and request a free consultation at (808) 531-2277.