Assisting With The Transfer From J Visa To H Visa Without Foreign Residency
At the Worcester and Newton Center offices of Tadmor & Tadmor, LLP, our immigration law firm is 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.
If you are seeking assistance with a J-1 visa or a J-1 visa waiver, we encourage you to contact our office to find out how we can help contact us online.
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)