Archive-name: us-visa-faq/part4
Last-Modified: July 5, 1994

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Please see part1 of this faq for standard disclaimers.

Questions marked with a + indicate questions new to this issue; 
those with significant changes of content since the last issue 
are marked by *:

                      J Visa
                      ------

[from Henning Schulzrinne, hgs@research.att.com]
Note that not all J1 visa holders are subject to the two-year home
residency (HRR) requirement.  Examine your IAP-66 form (bottom left
corner) and the visa stamp in your passport.  You are generally
subject to the HRR if you at any time accepted money from either your
home government or (particularly) the US government or if you are on a
special skills list (medical doctors in particular).  The home
residency requirement aims to protect the home government and the
goals of the exchange agreement.

If you changed schools, funding agencies, etc., you may have a
checkmark that the requirement does not apply on your current visa
stamp or IAP-66.  However, "once subject to the HRR, always subject",
i.e., thus, this does not help.

Q: On what grounds can I get a waiver?
   [from Henning Schulzrinne, hgs@research.att.com]
A: 1) national interest: a government agency (NASA, NSA, CIA, ...)
   declares an interest in you and petitions the USIA to waive
   the HRR. Does not appear a good avenue unless you work for that
   agency or do security-related work.

   2) extreme hardship to self or citizen spouse: Seems to imply that
   you or your spouse are on their deathbeds, with treatment only
   available in the United States. Mere career inconvenience to
   spouse, even if U.S. citizen, does not seem to matter. (After all,
   the spouse should have known about this before getting married...)

   3) political persecution; residents of European countries might
   not want to pursue this. Residents of the PRC have a blanket
   waiver (Pelosi bill?).

   4) NORI/no-objection: the home government issues a statement
   of no-objection; seems to be the common and successful approach
   for Indian citizens.

Q: Who makes the waiver decision?
   [from Henning Schulzrinne, hgs@research.att.com]
A: USIA recommends to INS, which generally accepts recommendation,
   particularly negative ones.

Q: What's a NORI?
   [from Henning Schulzrinne, hgs@research.att.com]
A: "No obligation to return"; also known as a "no-objection"
   statement. Issued by the home government, usually through their
   consulate. Issued routinely by most European countries, but
   may not help a lot (see next question).

Q: If I get a NORI, will I get a waiver?
   [from Henning Schulzrinne, hgs@research.att.com]
A: No. The NORI is a necessary condition (for this particular form
   of waiver), but not sufficient. Generally, the determination is
   up to the USIA. Fulbright students can generally forget a waiver
   unless they fall below the threshold (see next question).

Q: Is there a threshold of money received below which a waiver is
   automatically granted?
   [from Henning Schulzrinne, hgs@research.att.com]
A: No, but if you received less than $2000, you at least have a
   chance.  Fulbright grantees' applications have been known to be
   rejected even with grants below that, on the argument that the
   program itself, beyond monies expended on behalf of an individual,
   push each individual above that limit.  Above that limit, you can
   only hope to be from the PRC, or use the other avenues described
   above.

Q: Can I pay back the money I got and get out of the HRR?
   [from Henning Schulzrinne, hgs@research.att.com]
A: No. In this respect, Fulbright grants differ from all other
   college grants, which, if you don't live up to your end of the
   bargain, at worst forfeit the loan waiver.

Q: Does marriage to a US citizen help?
   [from Henning Schulzrinne, hgs@research.att.com]
A: No. If the US citizen was dumb enough to marry a J1 visa holder,
   her/his problem. (see 'extreme hardship' for unlikely exception).

Q: How do I go about applying for a waiver?  Do I have to work for 
    the sponsoring agency?
A: [From Isidore Rigoutsos, rigoutso@watson.ibm.com]
   It is *not* true that you have to work for the sponsoring agency.  Of 
   course, if you do work for them it helps.  More specifically, the 
   following can happen: one works for a certain company doing research or 
   other work that will lead into the development of a product or of a 
   technology that will give the US a market edge  or a technological edge.  
   Clearly, any such claim will have to be backed up by company statements, 
   descriptions, recommendation letters etc. Then, an alternative route is 
   through the Department of Commerce.  The latter will examine the case and 
   decide whether they want to apply for a waiver on your behalf with USIA. 
   Actually, that was my case; I am currently in the period where USIA has 
   recommended the waiver to INS but the latter have not yet decided. In case 
   you are wondering about the type of my research, I do work on 
   computational/molecular biology and pattern matching.  Two more alternatives
   that I know of are waiver applications sponsored by the Department of Health
   (for those that are in health science fields), and by the Department of
    Defense.
   

Q:  How long does the whole process take?
A: [From Isidore Rigoutsos, rigoutso@watson.ibm.com]
     The period between the day you file with the Department of Commerce and 
     the day USIA makes a decision is in the order of 4 months.  To this one 
     should add an overhead of 3 months or so during which period one is 
     preparing the application package: supporting documents, recommendation 
     letters, etc.

Q: Do I need to hire a lawyer to apply for a waiver?
A: [From Isidore Rigoutsos, rigoutso@watson.ibm.com]
   Probably not a good idea given that the necessary overhead (paperwork) is
   probably more than one can handle.

Q: When can an interested U.S. Govt. agency sponsor me for 
   a waiver of the HRR?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   You need to work directly for the interested Government agency 
   or work for them through a contractor. 

Q: Can an interested U.S. Government agency sponsor me for 
   a waiver if I work for a private company?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Certainly. Your company needs to demonstrate that by hiring you, 
   the USA gets a technological or market edge. Relevant documents 
   should be submitted to the Dept. of Commerce which will then make 
   a decision to sponsor you or not.

Q: If an interested U.S. Govt. agency sponsors me, will I get a waiver?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   I am not aware of anyone who has been refused an IGA 
   (Interested Govt. Agency) waiver.

Q: How long does it take for me to obtain the waiver once I submit 
    my papers to the interested Govt. agency?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Approximately 4-6 months (There is no standard time frame though).

Q: What is the procedure followed in an IGA waiver?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   You first submit the necessary forms and supporting documents to the 
   interested U.S. Government agency. If they decide to sponsor you for 
   a waiver, they send their recommendation to the USIA directly and 
   advise you of their action. The USIA sends you a `Data Sheet' which you 
   need to complete for their review. The USIA then makes a recommendation 
   to the INS to grant the waiver or otherwise.

Q: How often can I apply for a waiver?
   [from Henning Schulzrinne, hgs@research.att.com]
A: Every six months.

+Q: What happens after the USIA makes a favorable recommendation for
   the waiver of the HRR?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   The USIA forwards its recommendation directly to the local INS 
   office (the one listed in your data sheet). The immigration then 
   sends you a notice form I-797C indicating the receipt of the 
   recommendation and informs youthat it takes 30-60 days to 
   process your case.

+Q: Do I need to submit additional documents to the INS for the waiver?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   No. Just sit back, relax and await the final letter from the INS.

+Q: How long does it take for the INS to grant the waiver?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Usually 30-60 days from the date the INS receives the USIA's 
   recommendation.  In my case, the INS received the USIA's 
   recommendation (dated March 23, 1994) on April 25, 1994. I 
   received the final waiver letter from the INS (dated June 2, 1994) 
   yesterday. Therefore, it is approximately 6 weeks processing time.

+Q: Can I petition for change of status from J-1 to H-1 as soon as I 
   receive the USIA's recommendation or do I need to wait for the final 
   waiver from INS?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   You don't have to wait for the final waiver from INS for petitioning 
   for the change of status. You can do it as soon as you receive a favorable
   recommendation from the USIA.

+Q: Has anyone been refused a waiver by the INS after the USIA has made a
   favorable recommendation?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   I don't know of any such case. INS usually accepts the USIA's 
   recommendation.

+Q: I have already been denied a waiver based on a "no objection" statement.
    Will it help me get a postive response to an application based on a
    "no objection" statement if I am able to demonstrate that a University
    is interested in hiring me?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Your employer can write a supporting letter and make you the 
   beneficiary of a petition with an interested U.S. Government agency. 
   The interested U.S. Government agency can then sponsor you for a waiver.

+Q: How likely is it that a philosophy gradute will be able to get a waiver
    by having a University tell the Department of Education they need his or 
    her services and "having" the Department of Education apply to USIA?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   The University must demonstrate through extensive documentation that by
   hiring you, the U.S. will get a significant edge in terms of your 
   contributionsto the education field or the lack of your efforts would 
   significantly impact the successful completion of a project of great 
   interest to the Department of Education.

+Q: Can I accept a tenure track university position under the premise that
    I will complete the first 18 months on a J-1 visa as practical training, 
    then return to home country for 2 yrs, and then come back?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   I don't see why not. However, for you to come back, you must ensure that 
   one of the following happens
   (1) Your employer is willing to wait for 2 yrs and keep the position 
       open and is willing to sponsor you for an H-1 visa for you to return 
       to the USA.
   (2) You have applied for a waiver of the HRR (and you are reasonably 
       certain to get it). Then you can have your employer sponsor you for 
       an H-1 visa.

   If I was in your situation, I would pursue the second option. Try for a 
   waiver while you are on the practical training and convert to the H-1 visa. 
   There is alegislation (to be decided on in July 1994) submitted to the U.S. 
   congress seeking significant changes to the approval and adjudication of 
   H-1 petitions. If this goes through, obtaining H-1 visas will be more 
   difficult.

+Q: If I win a green card in a lottery, am I no longer subject to HRR?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Once subject to the HRR, always subject. Therefore, even if you win the
   lottery, you cannot change status to permanent residence until you submit
   evidence that
     (1) The 2yr HRR has been waived.
     (2) You have served the 2yr HRR sentence.

+Q: One can not appeal a denial to an application for a waiver based on a
    "no objection" statement. Can one apply again on the same grounds?
    Is there any hope of success in such a case?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Don't know about this one. The law merely says that you can apply for a
   waiver every 6 months. I don't know if there is a restriction on the
   # times you can apply. Also, I am not sure if you can apply on the same 
   groundsmore than once. You may want to consult an attorney.

+Q: Will it help me to get a waiver to switch to F-1 visa (rather than 
    just to a different sponsor)?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
   Changing status to F-1 may not help much.

+Q: I am a PH.D student in the humanities. After I finish my studies, how 
    long is my practical training period on J-1? 18 months? 3 yrs?
A: [From Muralidhar Rangaswamy, RANGASWAMY@zircon.plh.af.mil]
    Not sure about this one too.


Q: What do I need to show after the two years to prove that I 
   resided and worked in my home country?
   [from Henning Schulzrinne, hgs@research.att.com]
A: Good question. Anybody know?

Q: Can I apply for H-1B, permanent residency, etc. while serving the
   HRR?
   [from Henning Schulzrinne, hgs@research.att.com]
A: Yes. The visum will be issued the day your two years are up. This
   is particularly advisable for those who can get visas without
   labor certification (family preference). You can apply at the
   US consulate in your home country.

Q: Can I visit the United States while serving my two-year sentence?
   [from Henning Schulzrinne, hgs@research.att.com]
A: Yes, but the time is (supposedly) subtracted from your residence time.
   Vacation in a third country is o.k.


Q: Do I have to return to my home country?
   [from Henning Schulzrinne, hgs@research.att.com]
A: Yes. More precisely: country of citizenship or last residence
   prior to entering the United States.

Q: Can I reside in my home country and work in another country?
   [from Henning Schulzrinne, hgs@research.att.com]
A: Currently not. Apparently, there are rumblings about making
   residency and work in any of the European Community countries
   equivalent, but that has not happened. 

Q: Can I work for a company of my home country in another country?
   [from Henning Schulzrinne, hgs@research.att.com]
A: Good question. Don't know.

Q: Does writing to your congress person help?
   [from Henning Schulzrinne, hgs@research.att.com]
A: No, you just get a longer letter of denial.


Q: Does a J1 have any advantages?
   [from Henning Schulzrinne, hgs@research.att.com]
A: Yes. You get 36 months of practical training (instead of 12 months
   for an F1). Also, your spouse may work on a J2 visa during your
   stay after getting permission from INS.

Q: What is USIA's address?
   [from Michael Galperin, MYGALP01@ulkyvm.louisville.edu]
A: YOU DON'T WRITE TO USIA. It is done either by your embassy or by 
   interested US agency (NIH, DHHS, DOE etc). Anyway, the address is 
   (courtesy of our International Center):
 
        US Information Agency
        Office of the General Counsel
        Waiver Review Office
        Washington DC 20547
        Phone (202)-475-2385 

Q: What is USIA's address?
   [from Michael Galperin, MYGALP01@ulkyvm.louisville.edu]
A: YOU DON'T WRITE TO USIA. It is done either by your embassy or by 
   interested US agency (NIH, DHHS, DOE etc). Anyway, the address is 
   (courtesy of our International Center):
 
        US Information Agency
        Office of the General Counsel
        Waiver Review Office
        Washington DC 20547
        Phone (202)-475-2385 


-- 
B.G. Mahesh                     | Email: mahesh@evb.com
Software Engineer         |        mahesh@sett.com
EVB Software Engineering, Inc.  | FAQ maintainer of alt.visa.us
