9999 Bellaire Blvd. Suite 360
Houston, Texas 77036
Tel: 713-339-4200,1-800-281-7400
Fax: 713-339-4299, E-mail: info@linlawfirmusa.com

NON-IMMIGRANT
    E-2 Visa (Treaty Investors)
    L-1 Visa (Intra-company Managers)
    H-1 Visa (Speciality Occupation)
    H-2B Visa
    J-1 Visa (Exchange Scholars)
    O-1 Visa (Extraordinary Ability)
    K-1 Visa (Fiance)

IMMIGRANT
   EB-1 (Extraordinary Ability/Outstanding Researcher/Professors)
    EB-1 (Managers)
    EB-2
    EB-5 Investor Immigration Resource Center **new**
    National Interest Waiver
    Labor Certification - PERM
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& R-Visa
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DACA, ASYLUM & DEPORTATION
    DACA - Deferred Action EAD for Dreamers**new**
    Asylum
    Asylum Frequently Asked Questions

DETENTION, BONDING & REMOVAL
    Immigration Detention
    Bond Hearing With Immigration Court
    Immigration Bond
    Posting Bond and Condition of Release from Detention
    Removal Proceeding
    Expedited Removal
    Why Lin & Valdez LLP

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Eb-1 NIW
 
J-1 WAIVER APPLICATION TO DEPT. OF HHS AND NIH

Many J-1 holders are subject to the INA Section 212(e) two-year foreign residence restriction. To be specific, that section provides that (1) J-1s financed by U.S. government agency or government of his/her nationality; and (2) J-1s designated by USIA as from countries requiring the services of specialized field, can not apply for immigration or change of status to H and L status unless he/she has resided and physically presented in his country or country of last residence for an aggregate of over two years.

J-1s can apply for waiver of this restriction either from his country, or through sponsorship of an interested U.S. government agency. However, it is common that the foreign country will not release the J-1s. Sponsorship from the U.S. government agency consequently becomes the only recourse to the J-1s. Over the years, our attorneys have obtained J-1 waivers for many of our clients from various U.S. agencies including Department of HHS/NIH, NASA, and Department of Defense (Pentagon).

Each agency has its own rules and procedures of reviewing waiver application. For application to Dept. of HHS and NIH, after preliminary review, the Department will send the case out for technical review. After the opinion of technical review comes back, the file would be further sent to two members of the “Waiver Review Board” for further comment. If the review and comment are positive, then the Department may decide to sponsor the waiver application and forward their sponsoring decision to Department of State. The final waiver approval would be issued by BCIS (the former INS).

The waiver procedure is complicate and frequently over-technical. As a result, you need to have some one who is experienced in this field to guide you to meander through the puzzling jungle. You can find such an experienced guide in Lin & Valdez.


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Approval Notices
  11/14/17 PERM, Labor Certification, Approval
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