J1 Waiver Fulbright Options

Pursuing a J1 Waiver as a Fulbright Scholar: What You Need to Know

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As a Fulbright scholar under a J1 visa, you are likely subject to the two-year home residency requirement under INA 212(e). This means that after your program and any post-academic training, you must return to your home country for two years before you can apply for certain U.S. visas or green card categories. However, if you wish to remain in the United States or pursue opportunities that require waiving this obligation, you may be wondering whether pursuing a J1 waiver is a viable option in your case.

The two-year residency requirement applies to Fulbright scholars because the program typically involves funding from U.S. or foreign governments. Even though your Fulbright scholarship was entirely funded by your home country’s government, you may still be subject to the requirement because of your participation in the Fulbright program, which is governed by strict regulations. However, this does not automatically disqualify you from obtaining a waiver. If you can demonstrate that returning to your home country would result in significant hardship or serve as a detriment to U.S. interests, a waiver may still be possible.

One of the most common pathways for a J1 waiver is the no objection statement from your home country. In your case, since your home government funded your scholarship, obtaining this statement might be challenging. Some governments are reluctant to issue no objection statements to Fulbright scholars, as these agreements often include a formal expectation that participants will return to contribute to their home country. However, it is worth exploring whether your home country’s government is open to issuing such a statement, especially if your contributions to their interests could be enhanced by remaining in the United States.

Alternatively, you might qualify for other waiver categories, such as demonstrating exceptional hardship to a U.S. citizen or lawful permanent resident spouse or child if you are required to fulfill the residency requirement. If applicable, the interested U.S. government agency (IGA) pathway might also be an option, especially if your work aligns with critical U.S. government interests. Each option has specific requirements, and determining the best strategy will depend on the unique details of your case.

If you are considering pursuing a J1 waiver, it is essential to evaluate your options carefully and consult with an experienced immigration attorney. Waivers for Fulbright scholars can be complex, especially when home-country funding is involved. Contact my office today to discuss your case, explore potential waiver pathways, and determine whether pursuing a J1 waiver is the right choice for your circumstances. You can reach us at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.

J1 Waiver Fulbright Options

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J1 Waiver Options for Applicants with Fulbright or other Foreign Government Funding

Usually it’s difficult to obtain a J1 waiver for a person with government funding.  In fact, in many circumstances it is impossible.  Many J1 Fulbright waiver applicants come to our office after already attempting to secure a no objection based waiver but failed.  In 99% of cases, a no objection based waiver for Fulbrighters is impossible and a waste of time and energy.  However, we have secured many no objection based waivers for applicants who received home country government funding.  When handling J1 waivers for Fulbrighters, we generally recommend pursuing a waiver through the hardship, persecution, and interested government agency methods.  The purpose of this post is to review some of the Fulbright and other government funding waiver applications that we have handled.

  1. Hardship Waiver for Poland National with Fulbright Funding

Our firm assisted a Poland national who had a Polish husband and US Citizen child with a J1 hardship waiver.  The applicant was a scientist and we were able to show that her research was in the national interest.  We also argued that the applicant’s child would have poor access to proper medical care for a minor medical condition and that the applicant would not be able to support the child due to the weak economy and poor job opportunities in Poland.  This case was approved.

  1. No Objection Waiver for China National with funding from the Chinese Government (China Scholarship Council)

Our firm assisted a China national who entered with a J1 visa funded by the China Department of Education to work at a US University as a research scholar. Though she received significant Chinese government funding for her program, we were able to persuade China to issue a letter of no objection and her waiver was approved.

  1. Persecution Waiver for Turkmenistan National with US Government Funding

Our firm assisted a Turkmenistan national who married an American. The applicant was a Muslim and her husband, a Christian. We were able to establish that the applicant would be subject to persecution in a country that is more than 90% Muslim. This case was approved.

  1. Hardship Waiver for Morocco National with US Government Funding (USAID)

Our firm assisted a Morocco national who married an American man and they had three children together. We were able to establish that her husband would suffer career disruption and sever financial consequences and that the children’s lives would be in danger in Morocco due to Muslim extremists. This case was approved.

  1. Hardship Waiver for Jamaica National with Fulbright Funding

Our firm assisted a Jamaica national with three American children. We successfully argued that the children would suffer mental and psychological harm and that the applicant’s scientific research was in the national interest. This case was approved.

  1. Hardship Waiver for Ukraine National with US Government Funding (USIA)

Our firm assisted a Ukraine national who had one US child. We successfully argued that US child would not be able to integrate into Ukraine society after living in the US for a long period and being unfamiliar with local customs and unable to speak the language. The case was approved.

  1. No Objection Waiver for China National with funding from the Chinese Government (Chinese Language Council International)

Our firm assisted a China national who entered with a J1 visa funded by the China Department of Education to work at a US University as a Chinese language Instructor. Though she received significant Chinese government funding for her program, we were able to persuade the China to issue a letter of no objection and her waiver was approved.

  1. Hardship Waiver for Portugal National with Fulbright Funding

Our firm assisted a Portugal national who had a US citizen spouse. We argued that the American husband would severe emotional issues due to a possible separation and that his minor medical problems could not be treated in Portugal. The case was approved.

  1. No Objection Waiver for Turkey National with funding from the US State Department

Our firm assisted a Turkey national who entered with a J1 visa through the US Department of State’s Student and Scholar Exchange Visitor Program. We were able to obtain a No Objection statement from Turkey and persuade the State Department to recommend a waiver. The case was approved.

  1. No Objection Waiver for Japan National with funding from the Japanese Government

Our firm assisted a Japan national who entered with a J1 visa funded by the Japanese government to work at a US University as a research scholar. Though she received significant Japanese government funding for her program, we were able to persuade Japan to issue a letter of no objection and her waiver was approved.

If you entered the US with a J1 visa or changed your status to J1 and have US government funding or if your home country funded your program, we may be able to help you get a waiver.  Contact our office to discuss your options.