If you are a J-1 exchange visitor visa holder and are subject to the Two-Year Home Residency Requirement, you will not be able to change your H-1B, L-1 visa, or apply for permanent residency unless you have a waiver of this requirement. Many Korean American professionals face this issue, including doctors, researchers, and exchange professors.
Who is subject to the 2-year return obligation
You must live in your home country for two years after your J-1 program ends if you are any of the following
- Government fundingParticipate in a program with U.S. or home country government funding
- Skills ListOccupations included in your home country's list of essential skill areas
- Practicing medicine: Received medical education or training in the U.S. on a J-1 basis
You can check the DS-2019 form to see if you are “Subject to 212(e)” or request a State Department Advisory Opinion to determine exactly whether it applies.
5 ways to get a waiver
1. No Objection Statement
This is a way to get a letter of opinion that your home government does not require you to return. This is the most common and fastest method, but may not apply to government funders.
2. US federal/state agency requests (IGAs)
This is how an interested government agency requests to the State Department that the talent is needed in the United States. For physicians, this is often utilized as an Underserved Area work condition.
3. fear of persecution (Persecution)
You may apply if you have a well-founded fear of persecution on account of race, religion, or political opinion if you return to your home country.
4. Exceptional hardship to the family of a U.S. citizen/permanent resident (Exceptional Hardship)
Prove that your U.S. citizen or permanent resident spouse or child will suffer extreme hardship if you return. You must show “exceptional hardship,” not just inconvenience.
5. Conrad 30 (for doctors only)
A waiver program for J-1 physicians to work full-time in medically underserved areas for three years. Each state is limited to 30 per year.
Waiver process
- Apply online for DS-3035 with the Department of State (DOS) Waiver Review Division
- Submit supporting documentation for an exemption
- USCIS Advisory from the Department of State
- I-612 Waiver Approval by USCIS
The processing time is typically 3-6 months, and after the waiver is approved, you can proceed with other visa processes such as H-1B, green card, etc.
Frequently asked questions
Q. What if I ignore the two-year return obligation and apply for H-1B?
You are not legally allowed to change your H-1B or L-1 visa or apply for permanent residence while you are subject to the two-year return obligation. You must get a waiver first.
Q. Where can I get a No Objection Statement from the Korean government?
You can request a “No Objection” opinion letter from the Korean government through the Korean Embassy in the United States. This usually takes 2-4 weeks and may be denied for Korean government scholarship recipients.
J-1 Return Obligations, addressing them ahead of time opens up your future. If you would like to discuss applying for a waiver, please contact the office of Jin Dong Cho.
Phone: (718) 353-2699 | Email: jd@choattorneys.com
