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J2 2y waiver process

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  • J2 2y waiver process

    Hello, I was a J2 dependent in the US when I was 6 years old and now 31. I am currently in the US on TN visa, and was picked on latest H1B 3rd lottery. Recently found out my dad's J1 had a 2year home residency requirement that was never fulfilled.

    What is the best way for me to obtain this waiver ASAP? Is it better if I apply for this waiver myself since I turned 21?, does this skip the home country embassy NOS requirement? Any way to expedite this?

    How does this affect my H1B application?

    Thanks


  • #2
    Some exchange visitors with J-1 visas are subject to a two-year home-country physical presence requirement. It requires you to return home for at least two years after your exchange visitor program. This requirement is part of U.S. law, in the Immigration and Nationality Act, Section 212(e). If you cannot return home for two years, you must apply fora waiver. The Department of Homeland Security must approve your waiver before you can change status in the United States or receive a visa in certain categories.


    Note you will have to provide your birth certificate and explain that you were under 21 when he came on the visa and you are over 21 now. Otherwise, typically, you can not apply for the waiver independent of him.

    If he ever applied for the waiver, it should have also covered you by the way.

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