Do I need a J1 waiver if I apply for an O1?

P

Patri

New Member
I'm a MD but came to the USA on a J1 visa as a research scholar (I don't practice here). I'm subject to the 2- year residence rule. I'll have to go back to my country and stay there for one year (based on the contract with my sponsoring agency, from my country's government. I was not sponsored by the US government). After this 1- year period, I'd like to come back (also as a researcher), applying for an O1 visa. To obtain this kind of visa, do I still need the J1 waiver (or do I need it only if I apply for a H1b or for a permanent resident status)? In case I need the waiver, is it possible to obtain it based on a non- objection letter from my country (I've heard that physicians can not ask for waivers based on this letter, but does this apply, since I'm not here practicing, but as a researcher, and was not founded by US gov??). Can I apply for it from my country? I hope someone can answer me, because I'm a bit confused with what I've read about the waiver so far. Thanks!!
 
You do NOT need a waiver for O-1 visa. However, in future if you plan US immigration or H-1B, you will need a waiver then. I am not familiar with waiver procedures for medical professionals.

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.
 
If you are here as a research scholar and not as a medical professional, then you can obtain no objection from your home country and subsequently get the J1 waiver of the 2 yr home residency requirement.

Hope this helps.
 
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