J1 waiver NIW-EB2 visa interview

[mohtim 0]

Hi Folks,

 

I am writing to seek your advice regarding the necessity of obtaining a J1 waiver for individuals who are not subject to Section 212(e), the two-year home residency requirement. My concern stems from a recent interview with a visa officer for my NIW-EB2 green card, who inquired about the J1 waiver despite my previous J1 visa explicitly stating that I am exempt from this requirement.

Given the critical nature of this matter and its potential impact on my ongoing processes, I would greatly appreciate your guidance on the following points:

 

1. Is it customary for individuals not subject to Section 212(e) to still require a J1 waiver? 

2. In light of the visa officer's query regarding the waiver, could this indicate a change in policy or an oversight in my specific case?

3. Understanding that processing times can vary, what is the typical duration for obtaining a J1 waiver under current processing conditions?

Your prompt response to these queries would be immensely helpful in navigating this situation and ensuring compliance with all pertinent regulations. 

 

Thank you for your help.

Cheers,

MohTim

 

 

[IWander 581]

11 minutes ago, mohtim said:

Hi Folks,

 

I am writing to seek your advice regarding the necessity of obtaining a J1 waiver for individuals who are not subject to Section 212(e), the two-year home residency requirement. My concern stems from a recent interview with a visa officer for my NIW-EB2 green card, who inquired about the J1 waiver despite my previous J1 visa explicitly stating that I am exempt from this requirement.

Given the critical nature of this matter and its potential impact on my ongoing processes, I would greatly appreciate your guidance on the following points:

 

1. Is it customary for individuals not subject to Section 212(e) to still require a J1 waiver? 

2. In light of the visa officer's query regarding the waiver, could this indicate a change in policy or an oversight in my specific case?

3. Understanding that processing times can vary, what is the typical duration for obtaining a J1 waiver under current processing conditions?

Your prompt response to these queries would be immensely helpful in navigating this situation and ensuring compliance with all pertinent regulations. 

 

Thank you for your help.

Cheers,

MohTim

 

 

 

You posted in Philippines forum.  

[mohtim 0]

7 minutes ago, IWander said:

You posted in Philippines forum.  

Oops my bad its in the wrong forum need to remove it from here !

[Crazy Cat 39,295]

***Moved to Work Visas Forum***

[Boiler 43,485]

No

 

No, more likely a confusion.

 

Assuming you do not need a waiver then however long it takes to clarify matters. Waivers are not a given if needed and vary according to the reason why someone is subject to one.

[mohtim 0]

43 minutes ago, Boiler said:

No

 

No, more likely a confusion.

 

Assuming you do not need a waiver then however long it takes to clarify matters. Waivers are not a given if needed and vary according to the reason why someone is subject to one.

Yes I tried to make the visa officer understand that I don't need waiver but the officer insisted me to get that done if I wanted to get the visa in my passport. It took me more than one year to get the interview appointment for NIW-EB2 and then all medical test done.  Then again I need to do that J1-waiver which is really time consuming and might take 6 months or more due to COVID backlog. So frustrating !

[Boiler 43,485]

The visa in your passport will say if you are subject to 212e.

 

What were you doing on a J?

[mohtim 0]

6 minutes ago, Boiler said:

The visa in your passport will say if you are subject to 212e.

 

What were you doing on a J?

I was doing Postdoctoral Research in J1 visas  in the US and it clearly mentioned in the visa sticker that I am not subjected to 212e. I showed that to the the visa officer and the officer said yes I saw it but you still need the waiver. That actually made me quite surprised/confused !

[Boiler 43,485]

Is this the only J you have had?

[mohtim 0]

28 minutes ago, Boiler said:

Is this the only J you have had?

yes its the only J1 I have.

[Boiler 43,485]

1 hour ago, mohtim said:

yes its the only J1 I have.

All I can think of is Consulate error. EB2 suggest you have a Lawyer and I know they have a way of accessing the Consulate and advising them of their error.

[manyfudge 273]

The sticker alone is not dispositive.  If you google this, it says all over the internet that an advisory opinion may be needed.

 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/advisory-opinions.html

[limegreenbowler 44]

Who funded your program, and is your country and skill code on the Exchange Visitor Skills List? It’s possible a mistake was made before that the current consular officer caught. 

[mohtim 0]

8 hours ago, limegreenbowler said:

Who funded your program, and is your country and skill code on the Exchange Visitor Skills List? It’s possible a mistake was made before that the current consular officer caught. 

Its funded by the University in US and my DS2019 clearly stated not subjective to 212e. 

[limegreenbowler 44]

28 minutes ago, mohtim said:

Its funded by the University in US and my DS2019 clearly stated not subjective to 212e. 

But as someone else posted, this is not determinative. Are you on the EV skills list? If so, there’s a good chance someone missed it originally (especially if you’re not Irish but applied in Ireland, which has nothing on the list and so officers don’t look for it) but your current officer caught it.