Helping a Client by Invalidating a Regulation
Philadelphia, PA 19103
Phone: 215.825.8695 Fax: 215.825.8699
14 Penn Plaza
New York, NY 10122
Phone: 646.787.1371 Fax: 215.825.8699
J-1 Waiver through Quasi-U.S. Government Agency
We represented an exchange visitor with a two-year home residence requirement who seemingly had no possible basis for a home-country return waiver. However, upon learning that he had authored a book on U.S.-Russia relations and was in the process of authoring another, we sought to find a U.S. government agency which might consider recommending him to the U.S. Department of State for a waiver.
We found the United States Institute for Peace. That organization’s mission — fostering peaceful relations between the United States and other countries — seemed to be consistent with the research and writing of our client. We approached the U.S. Institute for Peace, which agreed that our client’s presence in the United States was in furtherance of USIP’s interest. The problem is that USIP did not believe that it was a “U.S. government agency”. We did some research and determined that it is a “quasi-U.S. Government Agency”, and the U.S. Department of State agreed that that was sufficient for purposes of a J-1 waiver application. The waiver was, in fact, granted; and we were ultimately able to obtain permanent residence as an outstanding researcher for the Russian author.
About the J-1 Waiver
The J-1 visa waiver is available to J-1 visa exchange visitors who cannot return to their home-country after the program. If granted, options for permanent residency can be pursued.
Do you have a case you’d like considered? Contact the EB-1 attorney team for details.