I am from Iceland and currently living in Colorado with my family. I came here on a J-1 exchange visitor visa for a research program at a local university, and my wife and child came with me as dependents on J-2 visas. I recently learned that once my program ends, I may be subject to a two-year home residency requirement before I can apply for a green card or another visa. This has me worried because I would like to stay in the U.S. and possibly switch to an H-1B work visa. Is there a way to waive this requirement?

Question

Jibril Elmi · Accepted Answer

Yes, in some cases J-1 holders can request a waiver of the two-year residency rule. It usually depends on your field of work, funding sources, and whether your home government objects.

Saowalak Suwannarat · Answer

You may apply for a waiver through one of several routes, such as a “no objection” statement from Iceland or a hardship/interest waiver.

Marzanna Kowalska · Answer

The process starts with determining which waiver option fits your case. The most common is a no objection letter from your government, but other options include showing that returning home would cause exceptional hardship to your U.S. family or that your work is in the national interest of the United States. If approved, you could then change status to something like H-1B without being forced to return home first. Each option has different timelines, so starting early is very important.

Erlendur Björnsson

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