J Visa for the United States: Can I Avoid the Two-Year Abroad Requirement and Stay in the Country?

Cultural exchange or training visas require, in many cases, that the beneficiary return to their place of origin. However, different alternatives make it possible to postpone this imperative or even request an exemption

One of the options to go to live and work temporarily in the United States is a cultural exchange or training program, which grants the acquisition of a J-1 visa. These plans allow for the sharing of cultural and professional experiences: US citizens can leave the US to live in another country, while citizens of other countries can live in the US.

There are from four to 18 months in duration, each with different requirements. The applicant receives a J-1 visa while the J-2 visa corresponds to spouses and dependent children under 21 years of age. With an important benefit: the J2 visa allows you to apply for a work permit. This means that the spouse can also have a job, and the children, of course, school.

Holders of these visas may remain in the United States until the end of the exchange program, when they must meet the requirement to physically live in their country for two years. However, this does not always have to be the case, as in some cases there is a legal possibility to overcome this prohibition and remain.

After a J visa, an E visa, or an O visa

One of the ways to do this is to change your temporary status to stay in the United States. Immigration lawyer Natalia Fridman, from Fridman Immigration Law, explained to Infobae: “For example, it is possible to apply for an E2 visa, an O1 visa, or an F1 visa, among others. What cannot be done is to remain permanently, for example requesting a Green Card or one of the visas that allow this double intention, such as the H1B or the L1″.

One of the ways to carry over the two years of residence outside the United States is by remaining in another legal status.

Exchange program visas are of non-immigrant status: that is why in some cases the applicant is required to reside for two years in her country. Only then could you change to a permanent residence status or obtain a dual intent visa. The two-year residency requirement outside the United States depends on several factors, including field of study and country. It also affects whether the program was funded by an agency of the US government or the applicant’s country, or whether the program is for medical training or education.

Fridman also warned that, if you choose to apply for a temporary visa and not return to your country, the requirement is only postponed: at some point you should meet the two years: “This requirement continues until the end.” If after residing in the United States for five years you want to apply for permanent residence or a dual intent visa, such as a work visa or executive transfer visa, then it would be necessary to meet the requirement.

How to request the final exemption

It is then, precisely, when the possibility of requesting an exemption opens. “If you want to apply for a Green Card, be it for marriage or for work, or a visa that tends to have a fixed intent to stay, you need a waiver after two years of residence in your country,” Fridman said. The first thing you should do is go to your country’s embassy in Washington and “get a letter of no objection.” Then the process continues with different forms.

The first is DS-3035, to apply to the Department of State’s Waiver Review Division (WRD) for a waiver recommendation. All documentation, including associated fees, must be sent by postal mail: electronically is not accepted.

If you wish to remain in the United States beyond the term specified in your J-1 or J-2 visa and you have the indication to return to your country for two years, the most important thing is that you seek the advice of a lawyer specialized in immigration matters. emigration, Fridman stressed.