How to obtain a waiver for the 2 year residence requirement under Section 212(e) for J-1 visa

J-1 exchange visitor visa holder are sometimes subject to the 2 year residency requirement either because the visitor possesses much needed skills for the home country or because the J-1 program is sponsored by the visitor’s government.  If the J-1 visitor is subject to the 2 year residency requirement under INA Section 212(e), he or she must first obtain a waiver of the residency requirement before he or she can change to another nonimmigrant status or apply for adjustment of status (green card).

Are my spouse and children subject to the 2 year residency requirement if they are dependent of my J-1 visa?

Yes, if the visitor is subject to the 2 year residency requirement, his or her spouse children will also be subject to the 2 year residency requirement.

What are the grounds to apply for the J-1 2 year residency requirement

There are only several grounds to apply for the J-1 2 year residency waiver:

1. The J-1 exchange visitor has a US citizen or permanent resident spouse or unmarried minor child and establishes in the waiver application to USCIS that if the visitor complies with the 2 year foreign residence requirement, it would impose exceptional hardship on the spouse or child.
2. The J-1 exchange visitor establishes to the US Citizenship & Immigration Services that returning to his or her home country would subject the visitor to persecution on the account of race, religion, or political opinion.
3. A U.S. government agency requests the United States Secretary of State to recommend a 2  year residency waiver on the J-1 visitor’s behalf for the reason that if the visitor were to fulfill the residency requirement, it would be detrimental to a program or activity of official interest to the agency.
4. The country of the alien’s nationality or last foreign residence agrees to issue a written statement that it has no objection to the waiver of the 2 year residency requirement.