Monday, December 9, 2013
U.S. DOS Releases 2013 J-1 Waiver Approval and Denial Rates
The U.S. Department of State (DOS) has released its official 2013 J-1 waiver approval and denial rates for each waiver classification. The chart, found here, offers important insight into how the DOS evaluates each waiver classification. This information could prove critical to new J-1 Waiver applicants when considering an appropriate strategy to pursue when seeking a waiver of the two-year foreign residence requirement.
Certain exchange visitors who enter the U.S. in J-1 status are subject to a two-year foreign residence requirement pursuant to INA Section 212(e), which requires them to return to their home country for two years before qualifying for H or L visas or permanent residence. Some J-1 holders who are subject to this requirement are eligible for waivers based on one of the following: a statement of no-objection issued by their home country, a recommendation of an Interested Government Agency (IGA) or State Health Department (for practicing physicians only), or evidence of hardship or persecution in their home country.