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By Ozlem Kara, Content Editor at CK Law Firm
California is taking a significant step towards becoming the first state in the U.S. to offer state-backed home loans to undocumented immigrants. Under the “California Dream for Everyone” plan, first-time homebuyers, including undocumented immigrants, may be eligible for loans of up to $150,000.
Scope and Conditions of the Program
Supported by a group of Democratic lawmakers in the California State Assembly, this bill aims to encourage immigrants to become homeowners in the Golden State. The program will provide up to 20% down payment assistance to individuals planning to buy their first home. However, there are certain conditions for participating in the program. Applicants must be first-time homebuyers, and their household income must remain within specified limits. Additionally, at least one member of the household must be a first-generation homeowner.
Legislative Process and Debates
This bill was introduced by Assembly Member Joaquin Arambula and has received some criticism from Republicans. Critics argue that such a measure is “unfair.” However, Democratic lawmakers emphasize the need to provide equal opportunities for all state residents, including undocumented immigrants.
Governor Gavin Newsom’s Stance and the Future of the Bill
California Governor Gavin Newsom has not yet announced what decision he will make when the bill reaches his desk. It is expected that the Governor will evaluate the bill according to his values. If the bill is passed, it is predicted that California could set a model for inclusive housing policies.
For more details, visit Illegal immigrants could receive up to $150K under the ‘California Dream for All’ loan program to help purchase homes
At CK Law Firm, we closely follow these significant developments in immigrant rights and housing policies. We are here to provide our clients with the most up-to-date information and to protect your rights. For more information about immigration laws and home loans, please contact us.
By Asim Kilinc, Immigration Attorney at CK Law Firm
The L1 visa is a special type of visa that allows international companies operating in the United States to temporarily transfer certain employees to the U.S. This visa is particularly suitable for individuals working in executive, managerial, or specialized knowledge positions. Applying for an L1 visa requires comprehensive document preparation. It is crucial to know what documents are needed to complete the application process smoothly. In this article, we will detail all the documents that must be prepared for the L1 visa application process:
- Passport: Validity and Other Requirements
- DS-160 Form: The Foundation of the Application Process
- Biometric Photograph: Specific Standards and Requirements
- Employer-Provided Documents: Assignment Letter and Company Information
- Work Experience and Educational Documents: Proof of Professional Background
- U.S. Accommodation Details: Lodging Arrangements
- Proof of Payment for the Application Fee: Financial Requirements
- Additional Documents: Other Documents That May Be Requested by the Consulate
If you have any other questions regarding the L1 visa type, please do not hesitate to contact me through the comments section below this article, directly via LinkedIn, or through the CK Law Firm Immigration Law Firm website, where I am a co-founder.
Passport: Validity and Other Requirements
Individuals applying for an L1 visa must have a passport that is valid for at least six more months from the date of entry into the United States. The condition of the passport is also crucial; worn or damaged passports may not be accepted. In addition to the current passport, any old passports should also be submitted if available, as they may be important for documenting the applicant’s travel history and previous visa issuances.
DS-160 Form: The Foundation of the Application Process
The DS-160 form is an online form that must be completed by anyone applying for a U.S. visa. This form includes the applicant’s personal information, purpose of travel, plans in the U.S., and visa history. It is critical that the form is filled out completely and accurately, as it plays a key role in the success of the application process. Once the DS-160 form is completed, the confirmation page should be printed out and presented during the visa interview. The information provided in the form must be consistent with other documents submitted during the application process.
Biometric Photograph: Specific Standards and Requirements
A biometric photo that meets specific standards is required for the L1 visa application. The photo must adhere to the following specifications:
- Size: The photo must be 5×5 cm.
- Background: The background of the photo must be white.
- Recency: The photo must have been taken within the last six months.
- Facial Expression: The photo should feature a neutral facial expression, and the entire face must be visible.
A digital copy of this photo should be uploaded online with the DS-160 form, and a printed copy must be presented during the visa interview.
Employer-Provided Documents: Assignment Letter and Company Information
The individual applying for the L1 visa must obtain certain documents from their employer. These documents are a critical part of the application because they prove to U.S. authorities that the applicant is truly eligible for the L1 visa. The required documents typically include:
Assignment Letter: This document should clearly state that the applicant will be working at a U.S. office and specify the position they will hold. Additionally, it should explain the significance of this position within the company and why the applicant was chosen for this role. The letter is usually signed by a senior executive of the company.
Company Activity Documents: Documents proving that the applicant’s employer is operating both in the U.S. and internationally must be submitted. These documents should demonstrate that the company is legally operational, has a physical office in the U.S., and that this office is active.
Company Tax Documents: Documents showing that the company operating in the U.S. has regularly paid its taxes should also be included in the application file. These documents prove that the company is financially sound and legally established.
Work Experience and Educational Documents: Proof of Professional Background
The individual applying for the L1 visa must submit documents proving that they have worked for at least one year within the last three years before the application date. These documents should demonstrate that the applicant has the necessary qualifications for the position:
Work Certificate: This document, issued by the company’s human resources department, should state how long the applicant has worked at the company, the positions they have held, and the responsibilities they have taken on. This document is a crucial piece of evidence showing that the applicant is eligible for the L1 visa.
Diplomas and Certificates: The applicant’s educational qualifications and professional certifications must also be submitted. These documents demonstrate the applicant’s expertise and competence in their field. It is especially important for technical positions that these documents are complete and detailed.
U.S. Accommodation Details: Lodging Arrangements
The applicant must provide information about where they will stay in the U.S. This could be a hotel reservation, a rental agreement, or an invitation letter from a host in the U.S. Lodging arrangements are an important detail that shows the applicant will reside in the U.S. legally and properly.
Proof of Payment for the Application Fee: Financial Requirements
A specific fee must be paid when applying for the L1 visa. This fee is an official part of the application process, and proof of payment must be included in the application documents. If the fee is not paid, the application process cannot be completed, and the application may be denied. Therefore, it is crucial to ensure that the fee is paid in full and on time.
Additional Documents: Other Documents That May Be Requested by the Consulate
During the application process, consulate officials may request additional documents. For example, bank statements to provide information about the applicant’s financial situation, sponsor letters provided by the U.S. employer, or documents specifying how long the applicant will stay in the U.S. may be requested. These documents help prove that the applicant will legally reside and work in the U.S.
Conclusion
The L1 visa application process requires careful preparation and detailed document submission. It is essential that the documents are complete, accurate, and consistent to successfully complete the application process. Given the complexity of the process and legal requirements, it may be helpful to seek support from an immigration lawyer. Remember, you can reach out to me directly via LinkedIn, or through the CK Law Firm Immigration Law Firm website at info@cklawfirm.org.
Who is Attorney Asım Kılınç?
Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.
Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.
Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.
Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.
By Asim Kilinc, Immigration Attorney at CK Law Firm
The E2 visa offers a unique opportunity for entrepreneurs who want to establish a business in the United States through investment. This type of visa is available to citizens of countries that have a trade agreement with the U.S. and is ideal for those who wish to start a business or invest in an existing one. However, there are specific requirements to apply for this visa, with the “required investment amount” being one of the most critical factors. In this article, I will address the most frequently asked questions about the required investment amount for an E2 visa. By reading this article, you will find answers to the following questions:
- What is an E2 Visa?
- How Much Should the Required Investment Amount Be for an E2 Visa?
- What Does It Mean for the Investment to Be “Substantial”?
- What Are the Requirements for the Source of the Investment and How Should the Investment Be Made?
- The Condition that the Investment Must Be Irrevocable
- E2 Visa and Business Plan
- Other Considerations for Obtaining an E2 Visa
If you have any additional questions about the E2 Investor visa type, please do not hesitate to contact me through the comment section below this article, send me a direct message via LinkedIn, or reach out through the website of CK Law Firm, where I am a founding partner.
What is an E2 Visa?
The E2 visa is a temporary visa granted to citizens of countries that have a trade agreement with the United States. This visa type is designed for entrepreneurs who wish to start a business or invest in an existing business in the U.S. The E2 visa allows the investor and their family to live and work in the United States. The visa can be renewed as long as the investment continues, providing entrepreneurs with a long-term opportunity to stay in the U.S.
How Much Should the Required Investment Amount Be for an E2 Visa?
The investment amount for an E2 visa is not defined by a specific minimum threshold. Instead, the investment must be “substantial.” This means that the investment must be significant enough based on the type and size of the business being applied for. However, generally speaking, an investment amount between $100,000 and $200,000 USD is often considered sufficient. For smaller-scale businesses, these amounts may be lower, while larger-scale investments may require more substantial funds.
What Does It Mean for the Investment to Be “Substantial”?
The concept of a “substantial investment” means that the investor must put their capital at risk and that this investment must be sufficient for the business to succeed. While the United States Citizenship and Immigration Services (USCIS) does not set a specific lower limit, they require that the investment be at a level that supports the business’s sustainability and growth. For example, $50,000 might be sufficient to open a small restaurant, while a major investment in the technology sector could require several million dollars.
What Are the Requirements for the Source of the Investment and How Should the Investment Be Made?
The investment made for an E2 visa must come from a lawful source, and this source must be documented appropriately. The way the investor obtained their capital and whether this capital is legally obtained will be scrutinized carefully. Bank statements, real estate sales documents, inheritance documents, or other legally earned income sources can be used to document the source of the investment.
The investment must be directed towards an active business operating in the U.S. This means that the capital must be invested directly into the business, and the investor must assume the risk over this capital. Expenses such as business costs, equipment purchases, and employee salaries are considered active investments. However, holding the investment in a bank account would not be considered a valid investment for an E2 visa.
The Condition that the Investment Must Be Irrevocable
An investor applying for an E2 visa must ensure that their investment is irrevocable. This means that the investment is genuinely used in the business and that the investor has assumed the risk over this capital. If the investment fails, the investor may not be able to recover this money. Therefore, it is crucial to plan the investment carefully and thoroughly research the area where the investment will be made.
E2 Visa and Business Plan
A detailed business plan is a critical part of the E2 visa application. This business plan must explain how the investment will be used, how the business will generate profit, and how the investor will manage the business. The business plan must also demonstrate the growth potential of the business and prove that the investor will play an active role in the business. The USCIS carefully reviews the business plan to assess the likelihood of success for the investment and the business.
Other Considerations for Obtaining an E2 Visa
- Citizenship: To apply for an E2 visa, the applicant must be a citizen of a country that has a trade agreement with the United States.
- Investor Role: The investor must play an active role in the business, which should be decisive in the management and decision-making processes of the business.
- Employment Creation: The business must create jobs in the U.S. and support the livelihoods of others besides the investor and their family. A business that only serves the investor and their family may not be considered eligible for an E2 visa.
Conclusion
The E2 visa offers a unique opportunity for entrepreneurs who want to start a business or invest in an existing business in the United States. However, when applying for this visa, the investment amount must be carefully determined, and the investment must be irrevocable, active, and substantial. Investors applying for an E2 visa should prepare a detailed business plan and manage this process professionally. Due to the complexity of the process and legal requirements, seeking support from an immigration lawyer may be beneficial. Don’t hesitate to contact me through the CK Law Firm Immigration Law Firm website, by email at info@cklawfirm.org, or directly via LinkedIn.
Who is Attorney Asım Kılınç?
Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.
Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.
Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.
Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
The EB2 NIW application process can be quite complex, and processing times can vary depending on various factors. In this article, I will answer some of the most frequently asked questions about the processing time of the EB2 National Interest Waiver visa based on my experience working on hundreds of cases. By reading this article, you will find answers to the following questions:
- What is EB2 NIW, and who is eligible?
- Advantages of the EB2 NIW Visa
- EB2 NIW Process and Timeline
- Factors Affecting EB2 NIW Processing Time
- Important Considerations in the EB2 NIW Application Process
If you have questions about the EB1 NIW visa type or any other immigration matters, please feel free to reach out to me through the comments section below this article, by messaging me directly on LinkedIn, or via the CK Law Firm Immigration Law Firm’s website, which I co-founded.
What is EB2 NIW, and Who is Eligible?
The EB2 NIW is a visa category designed for qualified individuals who wish to work and live in the United States. The National Interest Waiver (NIW) allows applicants whose work serves the national interest of the United States to apply for immigration without requiring employer sponsorship. This visa category is generally suitable for highly educated professionals, experts in their fields, researchers, academics, and other qualified individuals.
Advantages of the EB2 NIW Visa
The EB2 NIW visa offers several advantages that make it more appealing compared to other immigration pathways. Not needing employer sponsorship, the ability to apply without a job offer, and the opportunity to obtain permanent residency in the United States are among the key benefits of this visa. Additionally, the EB2 NIW visa allows the applicant’s family members to obtain Green Cards as well.
EB2 NIW Process and Timeline
The EB2 NIW application process generally consists of two main stages: the I-140 petition and the subsequent I-485 form submission for the Green Card application. These two stages have different processing times and vary based on specific conditions and the workload of the United States Citizenship and Immigration Services (USCIS).
I-140 Petition: The First Step of the Application
The I-140 petition is the initial application submitted to USCIS to determine your eligibility for the EB2 NIW visa. This petition includes detailed documentation proving that the applicant possesses qualifications that serve the national interest of the United States. USCIS reviews this application and then makes a decision to approve or deny it.
I-140 Processing Time:
The processing time for the I-140 petition usually ranges from 8 to 14 months. However, this timeframe can be extended based on USCIS’s current workload, the complexity of the application file, and the completeness of the submitted documents. In some cases, applicants may be required to submit additional evidence (Request for Evidence – RFE), which can further delay the process.
I-485 Form: Green Card Application
After the I-140 petition is approved, the applicant can proceed to complete the I-485 form for the Green Card application. The I-485 form assesses whether the applicant is eligible to reside legally in the United States. During this stage, USCIS examines the applicant’s health, security background, biometric data, and other personal information.
I-485 Processing Time:
The processing time for the I-485 form generally ranges from 10 to 20 months. However, this period may be extended depending on additional steps such as biometric appointments, interview dates, and security screenings. The interview process, in particular, can take longer depending on the workload of specific USCIS offices.
Premium Processing: Is it Possible to Shorten the Processing Time?
EB2 NIW applications are generally not eligible for Premium Processing. Premium Processing allows applications to be processed within 15 days; however, since this service is not available for EB2 NIW applications, applicants must adhere to standard processing times. Therefore, careful and meticulous preparation at every stage of the application process is crucial.
Factors Affecting EB2 NIW Processing Time
Several factors can affect the processing time of an EB2 NIW application. While some of these factors may be beyond the applicant’s control, others can be managed through careful preparation.
- USCIS Workload and Regional Differences:
The workload of USCIS offices can directly impact the processing time of applications. Some offices in certain regions may be busier than others, leading to differences in processing times. - Completeness and Accuracy of the Application File:
Submitting complete and accurate documents during the application process can speed up the processing time. Incomplete or incorrect documents may lead to USCIS requesting additional evidence, which can delay the process. - Requests for Additional Evidence (RFE):
USCIS may request additional evidence while reviewing the application file. RFEs can cause delays in the application process as preparing and submitting the requested documents requires additional time. - Interview Process:
Applicants may be called for an interview during the I-485 form process. The date of the interview and the workload of the USCIS office where the interview will take place are other important factors affecting processing time.
Important Considerations in the EB2 NIW Application Process
There are some important points to consider during the EB2 NIW application process. These points can help ensure that the application process proceeds smoothly and quickly.
- Accurate and Complete Preparation of Documents:
Ensure that all application documents are accurate, complete, and error-free. Missing or incorrect documents can lead to delays in the process. - Timely Updates and Follow-Up:
It is important to act quickly in response to any notifications or requests for additional documents from USCIS. Regularly check the status of your application on the USCIS website. - Stay Updated on Immigration Law Changes:
Immigration laws and USCIS policies may change from time to time. Therefore, it is important to stay updated on current legal regulations and guidelines published by USCIS to avoid any unpleasant surprises during the application process.
Conclusion
The EB2 NIW visa offers an ideal option for qualified professionals and highly educated individuals seeking to obtain permanent residency in the United States. However, the application process for this visa can be complex and lengthy. Processing times can vary depending on the complexity of the applicant’s file, USCIS’s workload, and other factors. Careful and meticulous preparation during the application process can help the process proceed more quickly and smoothly.
If you wish, you can contact me via cklawfirm.org, by email at info@cklawfirm.org, or directly on LinkedIn to find out if you are eligible for the EB-1A visa through our free consultation service. All you need to do is send us your CV. We will review your CV and get back to you within 24 hours.
Who is Attorney Ergül Çeliksoy?
Attorney Dr. Ergül Çeliksoy is the co-founder of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed his master’s degree in international law and human rights at the University of Nottingham in 2017 before beginning his Ph.D. studies at the same university. Dr. Çeliksoy earned his Ph.D. in law at the University of Nottingham School of Law in 2022, marking a significant milestone in his academic career. He is a recognized academician with expertise in modern slavery, criminal justice, and criminal law, with publications in leading academic journals.
As a member of the California Bar, Dr. Çeliksoy provides outstanding service to his clients, particularly in U.S. immigration law cases. His knowledge and experience in immigration law are valuable assets to CK Law Firm’s practice in this field. Dr. Çeliksoy offers comprehensive and strategic solutions to his clients in immigration law cases, helping them secure their legal status in the U.S. His deep understanding of human rights and immigration processes, along with his expertise in modern slavery and criminal law, enables him to effectively address the complex legal issues faced by immigrants. By offering reliable and effective legal counseling services, Dr. Çeliksoy helps his clients build new lives in the U.S.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
For individuals with extraordinary abilities who wish to immigrate to the United States, the EB-1A visa is one of the most prestigious and direct routes. However, before applying for this visa, it’s essential to understand the processing time involved. In this article, I will answer some of the most common questions regarding the processing time of the EB-1A Extraordinary Ability visa. By reading this post, you’ll find answers to the following questions:
- What is the EB-1A Visa?
- Advantages of the EB-1A Visa
- EB-1A Visa Processing Time
- Factors Affecting EB-1A Processing Time
- Important Considerations During the EB-1A Application Process
If you have questions about other visa types like the EB-1A, feel free to reach out via the comments section at the bottom of this article, message me directly on LinkedIn, or contact me through our CK Law Firm Immigration Law website.
What is the EB-1A Visa?
The EB-1A is a U.S. immigrant visa designed for individuals with extraordinary abilities in science, arts, education, business, or athletics. Unlike many other visa categories, the EB-1A visa does not require a job offer or employer sponsorship. Instead, applicants must demonstrate and provide evidence of their exceptional achievements in their field. The EB-1A, also known as the “extraordinary ability” visa, is one of the fastest ways to obtain permanent residency (Green Card) in the United States.
Advantages of the EB-1A Visa
The EB-1A visa offers several benefits compared to other immigrant visas:
- No Job Offer Required: The EB-1A visa does not require a job offer, allowing you to apply independently without employer sponsorship.
- Direct Green Card: The EB-1A visa is one of the fastest routes to obtaining permanent residency in the United States.
- High Approval Rate: EB-1A applications have a high approval rate as long as you can prove your extraordinary abilities.
EB-1A Visa Processing Time
The processing time for the EB-1A visa begins once your application is submitted to USCIS. The process typically involves several stages:
- Preparation and Submission of the Application:
The EB-1A visa application requires careful preparation. Submitting all necessary documents accurately and completely can directly impact the review time. This stage of the application process, including gathering documents and preparing the file, can take between 2 to 4 months. - USCIS Processing Time:
After USCIS receives your application, it usually takes between 8 to 14 months to review and decide on the case. This time frame can vary depending on the complexity of the application, USCIS’s processing volume, and other factors. However, it is possible for this period to be extended, especially if a Request for Evidence (RFE) is issued, which can further delay processing. - Premium Processing Option:
If you want your EB-1A visa application to be processed faster, you can consider the Premium Processing option. For an additional fee, this service ensures that USCIS will review your application within 15 days. However, Premium Processing only speeds up the process and does not guarantee approval.
Factors Affecting EB-1A Processing Time
Several factors can influence the processing time for the EB-1A visa. These include:
- Application Complexity: If your application includes extensive documentation to prove your extraordinary abilities, USCIS may take longer to review it.
- USCIS Processing Volume: The volume of applications USCIS handles during a given period can affect processing times. Factors like pandemics, natural disasters, or other extraordinary events can lead to significant delays in processing times.
- Requests for Evidence (RFEs): USCIS may issue a Request for Evidence after reviewing your application, which can significantly delay the process. Responding promptly and thoroughly to RFEs is critical to expediting the process.
Important Considerations During the EB-1A Application Process
When applying for the EB-1A visa, there are some essential points to keep in mind:
- Prepare Your Application Completely:
Before starting the application process, ensure all necessary documents are ready. The EB-1A application requires a detailed preparation process, and careful management of this process can lead to faster processing of your application. - Pay Attention to Time Management:
The EB-1A application process can be time-consuming. Keeping track of the application process and considering acceleration options when necessary can help you manage the process more effectively. - Submit Strong Recommendation Letters:
When applying for the EB-1A visa, obtaining strong recommendation letters from recognized individuals in your field can increase your chances of success. These letters should emphasize your extraordinary abilities and contributions to your field. Strong and reputable references can make a significant difference in the USCIS review process.
Conclusion
The EB-1A visa is one of the most prestigious ways for individuals with extraordinary abilities to immigrate to the United States. Processing times can vary depending on the preparation of the application, USCIS’s processing volume, and other factors. However, it is possible to accelerate the process and increase your chances of success by taking the right steps.
If you wish, you can reach me via the CK Law Firm website at cklawfirm.org, by email at info@cklawfirm.org, or directly on LinkedIn to find out if you are eligible for the EB-1A visa through our free consultation service. All you need to do is send us your CV. We will review your CV and get back to you within 24 hours.
Who is Attorney Ergül Çeliksoy?
Attorney Dr. Ergül Çeliksoy is the co-founder of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed his master’s degree in international law and human rights at the University of Nottingham in 2017 before beginning his Ph.D. studies at the same university. Dr. Çeliksoy earned his Ph.D. in law at the University of Nottingham School of Law in 2022, marking a significant milestone in his academic career. He is a recognized academician with expertise in modern slavery, criminal justice, and criminal law, with publications in leading academic journals.
As a member of the California Bar, Dr. Çeliksoy provides outstanding service to his clients, particularly in U.S. immigration law cases. His knowledge and experience in immigration law are valuable assets to CK Law Firm’s practice in this field. Dr. Çeliksoy offers comprehensive and strategic solutions to his clients in immigration law cases, helping them secure their legal status in the U.S. His deep understanding of human rights and immigration processes, along with his expertise in modern slavery and criminal law, enables him to effectively address the complex legal issues faced by immigrants. By offering reliable and effective legal counseling services, Dr. Çeliksoy helps his clients build new lives in the U.S.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
As an immigration attorney, one of the most frequently asked questions by my clients who wish to work or study in the United States concerns the J1 visa’s two-year rule. In this article, I will provide answers to the most common questions about the J1 visa’s two-year rule, based on the numerous cases I have handled and the hundreds of clients I have consulted. By the end of this article, you will have answers to the following questions:
- What is the J1 Visa?
- What is the J1 Visa Two-Year Rule?
- When Does the Two-Year Rule Apply?
- Is It Possible to Obtain a Waiver for the Two-Year Rule?
- How to Waive the J1 Visa Two-Year Rule?
- Waiver Application Process
If you have any further questions about the J1 visa, please feel free to reach out to me via the comments section below, send me a direct message on LinkedIn, or contact me through the CK Law Firm Immigration Attorney Firm’s website, of which I am a founding partner.
What is the J1 Visa?
The J1 visa is a type of exchange visa used for participating in education, training, or cultural exchange programs in the United States. This visa is typically granted to students, researchers, teachers, and other participants who need to be in the U.S. for a specific period. J1 visa holders are generally required to return to their home country after completing their program. The J1 visa programs are managed by the U.S. Department of State and supported by specific sponsor organizations. The J1 visa has various categories, including:
- J1 Trainee: Allows individuals with a specific university degree or expertise in a certain field to work in the U.S.
- J1 Intern (Internship): A category for students currently enrolled in educational institutions or recent graduates.
- Work and Travel (WAT): A category used by university students in their home country to work and travel in the U.S. during the summer.
- Other J1 Categories: There are also categories for teachers, camp counselors, au pairs, physicians, and secondary school students.
What is the J1 Visa Two-Year Rule?
Some J1 visa holders are required to return to their home country or their country of residence for the past five years after their visa expires. This rule is known as the “J1 Visa Two-Year Rule.” This rule restricts J1 visa holders from applying for certain immigration statuses, such as a Green Card, H1B work visa, K1 fiancé visa, or L1 transfer visa, for two years.
When Does the Two-Year Rule Apply?
The two-year rule does not apply to every J1 visa holder. Whether this rule applies depends on specific criteria:
- Programs Financed by the U.S. or Home Government:
If your J1 visa program is funded by the U.S. government, your own government, or an international organization, this rule may apply to you. This means that if your program was supported by the U.S. government or you received financial support from your home country, the rule may be enforced. - Skills List:
The U.S. Department of State publishes a list that identifies critical skills and professions in certain countries. If your education or experience falls under one of these skills, you may be subject to the two-year rule. This is because there is a high demand for such skills in your home country, and you are expected to return to contribute to your country after your training in the U.S. - Medical Training:
If you received a J1 visa for medical training in the U.S., the two-year rule may apply to you. This rule encourages medical professionals to return to their home countries to apply their knowledge and experience within their communities.
Is It Possible to Obtain a Waiver for the Two-Year Rule?
In some cases, a waiver can be obtained to bypass the J1 visa two-year rule. However, obtaining this waiver is not an easy process and is subject to specific conditions:
- Government Approval: Your home government may exempt you from the two-year return requirement. This is possible with an official authorization from the relevant authorities in your home country.
- Hardship Situation: If you have a U.S. citizen or Green Card holder spouse or child, and complying with the two-year rule would cause significant hardship to them, this can be considered as grounds for a waiver. Hardship can include family separation or financial difficulties.
- Risk of Persecution: If you can prove that you would face persecution in your home country due to political, religious, or other reasons, you may also apply for a waiver. This generally applies to situations involving serious human rights violations or risk of persecution.
How to Waive the J1 Visa Two-Year Rule?
Individuals in the U.S. on a J1 visa who are subject to the two-year rule can waive this rule under specific conditions. Obtaining a waiver may allow you to stay in the U.S. permanently or change to another immigration status.
- No Objection Statement from Your Home Government:
You can obtain a waiver from your home government for the two-year return requirement. This document is issued by the competent authorities of your home country and submitted to the U.S. Department of State. To obtain this document, you generally need to contact the U.S. Embassy or Consulate in your country. - U.S. Government or Agency Approval:
If your J1 visa program was funded by the U.S. government or a U.S. government agency, you may need approval from that agency to obtain a waiver. In such cases, the agency must authorize that you are not subject to the two-year rule. - Exceptional Hardship:
If you have a U.S. citizen or Green Card holder spouse or child and can prove that complying with the two-year rule would cause significant hardship to them, you can apply for a waiver on these grounds. Hardship could include financial difficulties, health problems, or family separation. - Risk of Persecution:
If you can prove that you would face persecution due to political, religious, ethnic, or other reasons if you return to your home country, you may be eligible for a waiver from the two-year rule. This waiver typically requires a thorough examination of your case. - Interested Government Agency Waiver:
A U.S. government agency can request a waiver from the two-year rule. This is usually applicable when the J1 visa holder’s stay in the U.S. is considered essential for national interests. For example, a research institution in the U.S. may request such a waiver if they want you to continue your research projects.
Waiver Application Process
- DS-3035 Form: First, you need to fill out the DS-3035 form to apply for a waiver from the two-year rule. This form can be obtained from the U.S. Department of State’s website.
- Required Documents: Depending on your situation, you must prepare the relevant documents. These documents should include proof of your situation (e.g., a No Objection Statement from your home government, hardship documents, persecution risk evidence, etc.).
- Application Fee: A fee is required to submit a waiver application. The fee amount may vary over time, so it is important to check the latest information before applying.
- Application Process: The application process is reviewed by the U.S. Department of State and may take several months. You can stay in contact with the Department during the process to get updates on your application status.
Conclusion
The J1 visa two-year rule can significantly impact your stay in the U.S. and future immigration options. This rule is crucial, especially for J1 visa holders who wish to stay or work in the U.S. It is important to carefully review your visa documents to understand whether the rule applies to you and plan your future accordingly.
If you wish, you can reach us at cklawfirm.org, via email at info@cklawfirm.org, or directly on LinkedIn to find out if you are eligible for a J1 visa waiver with our free consultation service. All you need to do is send us your CV. We will review your CV and get back to you within 24 hours.
Who is Attorney Ergül Çeliksoy?
Attorney Dr. Ergül Çeliksoy is the co-founder of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed his master’s degree in international law and human rights at the University of Nottingham in 2017 before beginning his Ph.D. studies at the same university. Dr. Çeliksoy earned his Ph.D. in law at the University of Nottingham School of Law in 2022, marking a significant milestone in his academic career. He is a recognized academician with expertise in modern slavery, criminal justice, and criminal law, with publications in leading academic journals.
As a member of the California Bar, Dr. Çeliksoy provides outstanding service to his clients, particularly in U.S. immigration law cases. His knowledge and experience in immigration law are valuable assets to CK Law Firm’s practice in this field. Dr. Çeliksoy offers comprehensive and strategic solutions to his clients in immigration law cases, helping them secure their legal status in the U.S. His deep understanding of human rights and immigration processes, along with his expertise in modern slavery and criminal law, enables him to effectively address the complex legal issues faced by immigrants. By offering reliable and effective legal counseling services, Dr. Çeliksoy helps his clients build new lives in the U.S.
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