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J1 waiver eligibility

Chicago, IL |

My j1 trainee employer is a small private firm , appointing j1 trainee for the first time . I am undergoing architecture training which does not involve any research. My husband is in USA in the process of Green card.
Will it be possible for me to get a J1 HRR waiver on the grounds of no-objection from my home country - India? Can the DOS deny my waiver because of a weak reasoning for waiver or because my husband is here?
Are there any J1 specialized attorneys on this forum available for legal advice?

Attorney Answers 5

  1. Are you sure that you'll have the HRR requirement?

    Is there funding from a government?

    Are you being trained to develop a skill on the 'skills list'?

    Hopefully you won't have the HRR restriction ... it is very, very, hard to get a waiver.

    Meet in private with the immigration attorney doing the visa ... do not let this 'small private firm' try to do the J without an attorney.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

  2. AVVO is a free general legal information blog, not a substitute for legal advice. Look for an attorney you would like to have a consultation with. You can use Find a Lawyer tab above, right here in AVVO. Select an attorney, contact them directly and schedule a consultation. You might be glad you did.

  3. Will be very hard to get a waiver under those facts..

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  4. Does the firm who wants to employ you have an attorney working on the J1? This does not sounds like a simple situation. You would do best to have a personal consultation with an attorney.

    Law Office of Mary K. Neal | || 773-681-1335 This answer is intended as public information about a legal topic. Answers posted here do not create an attorney-client relationship. For specific legal advice, please make an appointment to speak with an attorney in private.

  5. First off, we need to know why you are subject to the two-year foreign residence requirement. Based on your description, it appears that you are likely subject based on the skills list for India (which is robust). In any event, I recommend you get an evaluation from a lawyer with specific experience in J-1 matters to perform an evaluation of whether and why you are subject to the two-year foreign residence requirement.

    We’ve done no objection waivers for individuals from India. The State Department doesn’t care whether your husband is in the United States. That fact is not germane to the adjudication of the no objection waiver application. The key thing is that you need to get the Indian Embassy or the appropriate consulate, to issue a no objection statement. The process for obtaining this can be onerous because you need to get various certificates from India, which take time to materialize. But once you have the no objection statement, the waiver application will be processed quite quickly.

    In terms of basis for the waiver, as long as you are not subject based on U.S. government funding, you just need to write 1-2 honest paragraphs for your statement of reasons.

    I do recommend that you seek a consultation with a lawyer that has specific experience in J-1 matters. No objection waiver applications can be routine for the practitioner, but can also be confusing to applicants doing the work on their own. Our practice concentrates on J-1 matters.

    Brian Schmitt
    Hake & Schmitt
    Attorneys at Law
    P.O. Box 540 (419 Main St.), New Windsor, Maryland 21776
    Phone: 410-635-3337

    Required Disclaimer: This information is generalized and should not be relied upon as legal advice; and this communication does not create an attorney-client relationship.

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