Is J-1 waiver necessary?

[Univemp]

Hi All,

A student from the Czech Republic visited my lab back in 2012-2013 for almost a year and availed of the J-1 visa for the visit. There was no two year rule applicable to the student either in the DS-2019 or in the visa the embassy issued. Subsequently, after another year, of staying in C.R. the student was again granted a J-1 from my University from December 2014. This time the 2 year residency requirement was marked on the DS-2019. However, during the interview the student did mention that the funds to support the stay is from a non-governmental agency. As a result, the J-1 visa issued clearly states "not subject to the 2-year residency rule (212e)".

The student has already received an offer for a job from a prestigious University and they will process the H1B sometime later in 2015. Under the circumstances, is it necessary for the student to obtain a J-1 waiver? Or should the student get an advisory opinion from DOS?

 

[jairichi]

My suggestion would be to get an advisory opinion for DOS. Alongside let the student start getting documents required for getting a J1 waiver. In this way s/he will not lose time if advisory opinion is in favor of needing a J1 waiver.

[Univemp]

Thanks Jairichi! I was thinking along the same lines. No harm in processing all documents required for the J-1 waiver. Also, I will suggest the student to get the advisory opinion, and be ready to file for the waiver if it becomes necessary. I did check and found that Czech Republic is one of those countries that does not figure in the list of countries with special skills required for the 2 year residence, but then again, one never knows how USCIS will look at it.

[jairichi]

Thanks Jairichi! I was thinking along the same lines. No harm in processing all documents required for the J-1 waiver. Also, I will suggest the student to get the advisory opinion, and be ready to file for the waiver if it becomes necessary. I did check and found that Czech Republic is one of those countries that does not figure in the list of countries with special skills required for the 2 year residence, but then again, one never knows how USCIS will look at it.

That is correct Univemp as it takes 4 to 6 weeks to get advisory opinion from DOS. It better to be prepared for the worst (J1 waiver required). Since citizens of Czech Republic do not fall under 2 year HRR your student may be fine. But, as you said you can just never predict that with USCIS.