A J1 waiver is an option to pursue if for some reason you would like to stay in the United States after residency training. If you choose to apply for a J1 waiver, you have to do it through an experienced immigration lawyer to increase your chances of getting it.

There are 5 instances where you may apply for a J1 waiver.

1. A no objection statement from your host government

You have to get a "no objection" letter from your country of origin. This option is NOT available to medical doctors who came to the US for graduate medical training.

2. A request from an interested U.S. Government agency on your behalf

You choose to work in an underserved area, where government agencies hire you. If you are in medical research, and your return to your country will negatively impact it, you may also apply for it.

3. A claim that you will be persecuted if you return to your country of residence

J-1 holders who believe that he or she will be persecuted upon return to their home country due to race, religion, or political opinion may obtain a waiver of the two-year foreign residence requirement.

4. A claim of exceptional hardship to a U.S. citizen or permanent resident spouse or child if you are required to return to your country of residence

J-1 holders who can demonstrate that his or her departure from the United States would cause extreme hardship to his or her United States citizen or lawful permanent resident spouse or child may obtain a waiver of the two-year foreign residence requirement.

5. A request by a designated State health agency or its equivalent.

Medical doctors who have an offer of full-time employment at a health care facility in a designated health care professional shortage area, and who agree to begin employment at the facility within 90 days of receiving such waiver, and who sign a contract to continue to work at the health care facility for a total of 40 hours per week and not less than three years, may apply for this type of waiver. Only medical doctors may apply for this type of waiver.