J-1 Visas & Waivers
J-1 Visa Lawyers in Worcester
Transfer From J Visa to H Visa Without Foreign Residency
At the Worcester immigration law firm of Tadmor & Tadmor, LLP, we are pleased to give advice and representation to foreign nationals and U.S. visitors regarding the J-1 visa program and the process of transitioning from a J-1 visa to another visa type such as the H-1B visa.
Our law office focuses exclusively on immigration law, and as a result we confidently provide up-to-date information and insightful advice to businesses and individuals on a wide range of immigration issues. Our attorneys, led by two nationally recognized immigration lawyers, have more than 25 collective years of experience practicing immigration law.
The J-1 Visa Waiver Program
J-1 visas are intended to be short-term visas for visitors doing short-term work or educational or cultural exchange. Foreign nationals who come to the United States to work in home health care frequently use the J-1 visa.
Under standard U.S. immigration law, certain J-1 visa holders must return to their home countries for two years when the status expires. This is called the two-year foreign residence requirement, and it prevents many J-1 workers from changing their status from a J-1 worker to a longer term H-1B status.
But, it may be possible for a J-1 visa holder to obtain a waiver of the foreign residence requirement. This is an area of immigration law that Tadmor & Tadmor works in very frequently. We have filed countless successful applications for J-1 visa foreign residence requirement waivers based on one of five possible circumstances:
- A no objection statement from your home government
- A request from an interested U.S. government agency on your behalf
- A claim that you will be persecuted if you return to your country of residence
- A claim of exceptional hardship to a U.S. citizen or permanent resident spouse or child if you are required to return to your home country
- A request from a state public health department, or its equivalent, on your behalf (this option only applies to foreign medical graduates who obtained J-1 status for graduate medical training or education)