J-1 Visa Waiver after internship at Los Alamos National Laboratory [closed]
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I have an offer for a 1-year graduate internship at Los Alamos National Laboratory (I'm an engineer and PhD student in engineering) and I'll probably be issued a (research scholar) J-1 Visa. Actually I'm already at LANL for a shorter period and with a different contract, on a Visa Waiver Program (ESTA).
What I'm concerned of is the dreaded "Two-Year Home-Country Physical Requirement", as I want to stay long term at Los Alamos, and I already have potential contacts to go on with a postoc here (as long as I stay here during my PhD so that they can know me better). The two-year rule would prevent me from obtaining a new J-1, while the "24-month bar" rule will prevent me to get another J-1.
I come from Italy, which does not appear on the "skill list": https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/skill-list-by-country.html
The program is not going to be found by my contry and is not part of my PhD thesis, and I'll have no scolarship during the internship. I'll be hired by the lab (so I'll be an employee) and receive a salary for a total amount of 50,000 - 60,000 $ according to the exact duration of the internship. Being Los Alamos funded by the US Government, I think I'll be a bearer of the two-year rule.
Here are my possibilities:
1) The first is the "No objection waiver". But there is a problem: as you can read in the following link, "A “no objection” letter is generally insufficient to warrant a favorable recommendation from the Secretary of State when U.S. government funding was involved in the exchange program."
Full text here: https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-19459/0-0-0-19728.html
Again, the lab is funded by the US government. So, I guess this option won't work, am I right?
2) The "Interested Government Agency" waiver, in case I obtain a job afterwards and my institution (Los Alamos) think that the two-year rule would be detrimental to the interest on the United States. In theory, this is an option. In practice, does someone know if it's feasible? Again, govt financing may complicate things.
Info here: https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-19459/0-0-0-19747.html
3) Do not accept a J-1 Visa at all.
Can someone give me some counceling, please?
Thank you very much in advance!
Best Answer
You can ask your employer for an H1B visa instead of a J1 visa.
More to the point, if you are currently working on contract on an ESTA then you may be in violation of American visa laws. You are not permitted to work on ESTA status and violating this can lead to you getting deported and banned from the USA. So before you do anything else, stop working and clarify your current status.
It sounds like you need to hire an immigration lawyer.
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Can J-1 visa be waived?
A J-1 visa waiver eliminates the two-year home residency requirement and allows physicians to change into H-1B visa status that will allow them to stay in the U.S. to practice in a federally designated primary care or mental health Health Professional Shortage Area (HPSA), if recommended by an interested federal ...Is it easy to get J1 waiver?
The no-objection statement is typically the easiest way to get a J-1 visa waiver. This type of waiver simply says that your government doesn't object to your remaining in the United States.What happens after J1 waiver?
Getting Your J1 Visa Waiver Approved After the Waiver Review Division decides on your request, they will send a copy of their recommendation to USCIS, favoring or opposing your request to waive the 2-year home residency requirement. You will also be sent a copy of this recommendation to the address you have on file.How do you waive the 2 year rule?
Might You Qualify for Waiver of Two-Year Home-Residence Requirement?How to Get A J1 Waiver in 2022 (Step-by-Step Process)
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