J-1 Exchange Visitors and Application for Waiver of Return Residency Requirement

“J” Exchange Visiting Scholars are designed to facilitate the exchange of knowledge and skills among persons in the fields of education, arts, and sciences. Participants include students in major, middle and primary schools; personnel participating in on-the-job training in companies, institutions and offices; teachers in primary schools, secondary schools and professional technical schools; professors who go to higher education institutions to teach or engage in research work. Scholars who work; personnel who go to medical institutions for professional training; and visiting scholars for the purpose of research training and demonstration of professional knowledge or ability.

According to the regulations of the U.S. government, overseas students who need to stay in the U.S. for more than the time specified in the visa for some reasons may apply to the U.S. State Department to request that they be exempted from the two-year restriction on their return to the country.

At Tsang & Associates LLP, our expert attorneys will help evaluate your eligibility and help you meet the requirements to successfully apply for a J-1 visa or waiver.

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LEGAL FEE

Service Fee: Varies on a case-by-case basis

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ADDITIONAL RESOURCES

Serve

We prepare a full package of attorney cover letters and all forms and supporting documents, in addition to:

— embassy interview training and simulation;

– legal representation;

— Preparation of supporting documents.

J-1 Advantages

1. The biggest advantage of the J-1 visa is that it includes a variety of categories, and its scope of application is very wide, including many aspects

2. In comparison, applying for a J-1 visa is much simpler than applying for many other visas

3. For those who want to study in the United States, it is relatively easier to obtain a J-1 student visa than an F-1 student visa or M-1 student visa

4. For professionals outside the United States, it is not so easy to obtain some work visas due to quota restrictions. The J-1 visa has no quota limit, and it is not very difficult to apply

J-1 exchange visitors can be exempted from the two-year residency restriction if they meet one of the following five conditions

1. The government of the original host country issues a “no objection statement” to the U.S. Department of State (DOS) for exchange visitors, indicating that the government of the country allows the visitor to continue to stay in the United States. NOTE: This waiver does not apply to exchange visitors receiving graduate medical education or training in the United States

2. The return of the exchange visitor to live in his or her home country will put his or her spouse or children (who are U.S. citizens or lawful permanent residents) in exceptional hardship (exceptional hardship)

3. Exchange visitors will be persecuted after returning to live in China due to reasons of race, clan or political opinion

4. A waiver request is made on behalf of the exchange visitor by the relevant U.S. government agency (Interested Government Agency (IGA) if the U.S. government agency is the sponsor of the exchange program in which the exchange visitor is actively and primarily program interested)

5. The State Department of Public Health or other equivalent agency requests a waiver for exchange visitors receiving graduate medical education or training in the United States (known as the “Conrad Plan” waiver)

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SAMPLES & TEMPLATES

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Attorney Brief: [coming soon] We will provide a sample attorney brief for a J-1 petition.

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Cover Letter: [coming soon] We will provide a sample J-1 application cover letter.

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Sample Request for Evidence: [coming soon] Requests for evidence can be used to strengthen the case.

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Forms: Here is a list of the forms that are needed by USCIS

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Sample Checklist: [coming soon] We look at the client’s unique situation and create customized checklists to strengthen their cases.

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USCIS Fee Calculator: This is to help calculate how much the filing fee will be.

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USCIS Mailing Address: This address is where it is mailed to USCIS.

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USCIS Processing Timetable: This will help you figure out how long it will take to process.

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ASC Field Offices: Listed are the addresses of the field offices for the bio-metrics.

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SCHEDULE A SESSION

Call or email us to set up your 1-hour consultation. Easily pay the $250 consultation fee over the phone or through our email link. If you would like to have a quick chat with our team before setting up the consultation, feel free to use the calendar on the right to book your 10 minute call.

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