Strategy built around you
Your program history, work, and family circumstances all matter. We take the time to understand them before recommending a path.
Waivers
Proven Experience with J-1 Waivers
Understand your options beyond the two-year home residence requirement. Let's plan your next step together.
Overview
Some J-1 exchange visitors must spend two years in their home country before they can receive certain work visas or a green card. A J-1 waiver may remove that requirement. Our team helps you understand whether you need one and which path fits your situation.
Why Choose Ellis Porter?
Communication you can count on
Know what we need, what happens next, and where your case stands. Our team explains the process clearly and replies within one business day.
Quality that holds up
A waiver needs more than a compelling story. We help you gather the evidence and explain how it supports your case.
People, not case files
Your plans involve more than immigration paperwork. We listen to what matters to you and keep those priorities in view.
Results that reflect real experience.
- 23+ Years guiding clients through a system that rarely stands still.
- 90k+ Immigration approvals secured for individuals, families, and employers.
- 4.9/5 Average client review rating across hundreds of cases.
Waivers
Find the waiver path that fits your situation.
We start with a practical question: does the two-year requirement apply to you? If it does, we help you assess the available waiver paths and what each would require.
No Objection
Your home country’s government may provide a statement that it does not object to you remaining in the United States. That statement does not guarantee approval, and this waiver path is not available to people who used J-1 status for graduate medical education or training. We review your program and funding history before recommending this approach.
Exceptional Hardship
This path may apply if returning home would cause exceptional hardship to your spouse or child who is a U.S. citizen or green card holder. The hardship must go beyond the normal difficulties of separation or moving abroad. We help you document your family’s circumstances with care.
Persecution
This path may apply if you would face persecution in your home country because of your race, religion, or political opinion. We approach these sensitive cases with care and help you identify the evidence needed to explain the risks you face.
Physician Waivers, Including Conrad 30
Physicians may qualify through Conrad 30 or certain federal agency programs, generally with a commitment to practice medicine for at least three years in qualifying employment. We help physicians and employers assess the position, program requirements, and timing together.
Waivers
A clear process, start to finish.
You should know why we recommend a path and what it will take. Our team helps you understand the decisions, documents, and timing from the first review through the government’s decision.
Confirm whether you need a waiver
We review your J-1 program records, funding, and immigration history. If the answer is unclear, an advisory opinion from the Department of State can help determine whether the requirement applies.
Choose the right approach
We assess the waiver paths that fit your circumstances. We explain the evidence, outside support, and potential challenges before you move forward.
Prepare and submit your case
We organize the evidence and prepare the filings for your waiver path. When an embassy, agency, or employer needs to provide support, we explain its role.
Plan what comes next
We track the case and help address government requests. We also explain any separate immigration steps you may need for your work or longer-term plans.
Waivers
Clear fees for your next step.
Your attorney fee depends on the waiver path that fits your situation. We explain the recommended approach, the work included, and the costs before you decide to move forward.
J-1 Waiver Attorney Fees
Typical attorney fees:
No Objection: $3,000
Exceptional Hardship: $6,000
Persecution: $6,000
Government filing fees are separate. We confirm your attorney fee and the services included after reviewing your circumstances.
Fees for physician waivers and any additional services are confirmed separately before you proceed.
What we clarify up front
- The waiver path we recommend.
- The preparation and filings included in your fee.
- Government fees and other expected costs.
- Whether responding to a request for additional evidence costs extra.
- Any separate advisory opinion, visa or green card work.
Featured J-1 Waiver Attorneys
Frequently Asked Questions
Does everyone with a J-1 visa need a waiver?
No, not everyone with a J-1 visa needs a waiver. A waiver only matters if you’re subject to the two-year home residency requirement and you do not wish to return home for two years. You may be subject to it if the U.S. government or your home country’s government helped pay for your exchange program, if your home country listed your field of study or work as a skill it needs, or if you came to the United States on a J-1 for medical residency or fellowship training. Our team can review your documents and help you figure out whether the two-year home residency requirement applies to you and what your options are.
Does a J-1 waiver let me stay or work in the United States?
Not by itself. A waiver addresses the two-year home residence requirement; permission to stay, work, or become a permanent resident involves separate immigration requirements. Do not assume that a pending waiver extends your authorized stay. We help you plan around your current status and next step.
Is a J-1 waiver the same as a National Interest Waiver?
No. A J-1 waiver addresses the two-year home residence requirement. An EB-2 National Interest Waiver is a separate green card path that can remove the usual job-offer and labor-certification requirements. Approval of an NIW petition does not itself resolve a J-1 home residence requirement. We can help you understand how the two fit together.
What about my spouse or children in J-2 status?
The two-year requirement generally also applies to your J-2 dependents if it applies to you. Your waiver generally also removes that requirement for them, although their own immigration histories can affect the analysis. We review your family’s circumstances together.
Who decides whether my waiver is approved?
Two U.S. government agencies usually take part in deciding a J-1 waiver: the Department of State and U.S. Citizenship and Immigration Services (USCIS); however, the type of waiver dictates which agency reviews the matter first. In a No Objection Waiver, the Department of State’s Waiver Review Division reviews your case first and sends USCIS a recommendation for or against approval. USCIS makes the final decision, and it generally can’t approve a waiver unless the Department of State recommends it. If your waiver is based on hardship to a U.S. citizen or permanent resident spouse or child, or on fear of persecution in your home country, USCIS reviews that claim first and then sends your case to the Department of State for a recommendation. Our team can explain which path fits your situation and walk you through each step.
How do I know which waiver to apply for?
There are five bases for a waiver of the J-1 two-year home-country physical-presence requirement under INA § 212(e) are: (1) a No Objection Statement from the exchange visitor’s home government, (2) a request by an Interested U.S. Government Agency (IGA) or State Public Health Department (Conrad 30), (3) persecution on account of race, religion, or political opinion if the person returns home, (4) exceptional hardship to a U.S.-citizen or lawful-permanent-resident spouse or child We will help you decide which waiver is right for you by looking at the details of your J-1 program, your family ties to the United States, the situation in your home country, your immigration plans, and your contributions to the United States.
When should I submit my waiver application?
The ideal time to file a J-1 waiver depends on the waiver basis and your anticipated next immigration step. It is important to plan well in advance, particularly because gathering evidence and completing government processing can take a significant amount of time—and, in exceptional-hardship and persecution cases, potentially several years. However, filing too early can also create problems by limiting your ability to extend your J-1 program after a favorable waiver recommendation is issued. Contact us as soon as you anticipate needing a J-1 waiver so we can evaluate your circumstances, coordinate the waiver with your broader immigration plan, and advise you on the most strategic time to file.
What Our Clients Say
[my EP attorney] assisted me in a J1 waiver case. The process was smooth. [my EP attorney] has great understanding in NIW and AOS cases….
I had the pleasure of working with [my EP attorney], an attorney who helped me waive my 2-year residency conditions. Her professionalism, expertise, and dedication to her work were truly exceptional. She was thorough in her explanations, patient with my questions, and provided timely updates throughout the process. I highly recommend [my EP attorney] to anyone in need of legal assistance, and I am grateful for her excellent service.
She helped me out to get my case approved despite my case was complicated. On top of that, she is very responsive and being always available to respond your questions.
Request a Consultation Today
Tell us about your J-1 program, your plans, and any deadlines you face. Our team will help you understand whether a waiver belongs in your next step.