Exchanges of educational and cultural ideas are an established means by which to foster positive relations between countries. Understanding this, the United States offers J-1 nonimmigrant visas to those who wish to participate in an Exchange Visitor Program (EVP). The foreign national would come to the US as a J-1 exchange visitor to participate in a training program administered by authorized sponsor companies. J-1 visas offer a wide array of exchange categories, such as students, teachers, research assistants, nannies, and business and industrial trainees.
To qualify for a J-1 visa, the individual must be able to show the following: 1) that they plan to remain in the US for a temporary, specific, limited period of time; 2) evidence of funds to cover expenses in the US; 3) evidence of ties abroad that will insure their return upon completion of the program. The J-1 visa may be applied for either while an individual is in the United States validly in another nonimmigrant category or while in the Philippines. The individual will be granted a length of stay commensurate to the length of the exchange program. The dependent spouse and/or children are eligible to obtain J-2 nonimmigrant visas that allow for residence and study in the US. Since the objective of the J-1 visa is to promote cross-cultural exchange, INA §212(e) require practically all J-1 nonimmigrants to return to his or her home country to share the skills and knowledge he or she obtains from the program. Individuals are precluded from changing status to an H visa, L visa, or permanent residency unless he or she returns to his or her country of citizenship or permanent residence for a two-year period following departure from the US.
The Department of State may, however, waive the two-year home residency requirement of INA §212(e) under certain circumstances. The following are bases for obtaining a waiver from the Department of State: 1) No Objection Statement; 2) Request by an interested US government agency; 3) Persecution; or 4) Exceptional hardship to a US citizen spouse or child.
While the request by an interested US government agency, persecution and exceptional hardship to a US citizen spouse or child may be difficult to obtain for individuals from the Philippines, obtaining a No Objection Statement (NOS) from the Philippine government may be a viable option for quite a few. The Commission for Filipinos Overseas (CFO) is the Philippine government agency that reviews NOS applications. Individuals are eligible for a NOS if they fulfill one of the following: 1) he or she has a US citizen child, or is married to a US citizen or permanent resident; 2) individual has an ailing family member in the US; 3) the field of training is not on the skills list; or 4) the individual is a religious worker in a recognized religious denomination.
For those who do not fulfill any of the foregoing criteria for a NOS, a NOS may nonetheless be issued pursuant to completion of an “alternative arrangement”. Under this procedure, the CFO may, at its discretion, offer applicants an opportunity to conduct the following in order to obtain a NOS: 1) development and implementation of a project transferring technology or knowledge in the exchange visitor’s field of expertise to a government or private entity; and 2) sponsorship of enhancement training in the exchange visitor’s field of expertise to an individual in the Philippines in the amount of $1,500. If these conditions are satisfied, the CFO will issue a NOS, thereby waiving the two-year home country residency requirement.
The J-1 visa is therefore a viable alternative to allow individuals entry into the US for a limited period of time in order to participate in the exchange program. If circumstances arise after entry into the US so that the individual wishes to remain after completion of the program, the No Objection Statement administered through the Commission for Filipinos Oversees may be able to facilitate this. If so, the individual would then be able to apply for an H visa, L visa or permanent residency. Given the complexities involved in navigating this legal framework, it is essential for individuals to retain the expertise of legal counsel to properly handle the processing of the applications.
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