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Click for more articlesSTATE DEPARTMENT ISSUES NEW PROCEDURES FOR J-1 WAIVERS

The J-1 visa, used by many students and scholars coming to the US, is often subject to a two-year home residency requirement. That means that the J-1 visa holder and his or her family members cannot immigrate to the US until returning to their home country for two years.  They are also not able to change from a J-1 to another nonimmigrant visa from within the US or to receive an H-1B or L-1 visa at a US consulate. Such a residency requirement is imposed whenever the visa holder receives funding from the US government, the government of their home country or from an international organization, when their area of study appears on the Exchange Visitor Skills List, or if they are engaged in graduate medical training.  Before last October, requests for waivers of this requirement were handled by the United States Information Agency.  Since then, the USIA was merged into the State Department and the job of handling waiver requests has fallen to the State Department Waiver Review Division.

As many are aware, the transition has not been smooth. Waiver processing times have grown well in excess of the old USIA’s times.  The State Department has recently announced new procedures for applying for a waiver that will hopefully make the process smoother.  New addresses have also been announced.

Applications sent in by the US Postal Service should be sent to

US Department of State/Waiver Review Division

P.O. Box 952137

St. Loius, MO 63195-2137

Applications sent in using a courier service should be sent to

US Department of State/Waiver Review Division (Box 952137)

1005 Convention Plaza

St. Lousi, MO 63101-1200

To apply for a waiver of the home residency requirement, a completed Data Sheet must be submitted, along with two self addressed, stamped, legal size envelopes plus a check or money order for 6.  The applicant’s full name, date of birth, and Social Security Number, if any, should be included on the check.  After receiving the Data Sheet, the State Department will send the applicant a case number and instruction sheet, including a list of documents that will be required.  The case numbers should be written on all documentation submitted, as well as on the outside of the envelope of anything sent to the Waiver Review Division.  If this is not done, the documents will be returned.  When documents are sent directly to the State Department, as with a No Objection letter, the applicant must make sure to ask the Embassy to put the file number on the letter and on the envelope in which it is sent to the State Department.

Once that State Department sends the instructions, it will not follow up to ensure that the file is complete. Therefore, it is the applicant’s responsibility to ensure that their file is complete.  Applicants can check on the status of their files by calling 202/663-1600.

If the application is approved, the State Department will forward its recommendation to the INS and will also notify the applicant.  If the application is denied, the applicant will be notified directly.

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Siskind Susser Bland
1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
F. 901-682-6394
Email: info@visalaw.com

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