People whose presence in the US is based on a J-1 visa are subject to a requirement that other visa holders are not subject to -- the two-year home residency requirement. The purpose of this requirement is for J-1 visa holders to use their newfound skills to assist people in their home countries. Five major waivers of the home residence requirement are available, however, one of which is the “exceptional hardship” waiver.
The Department of Homeland Security defines deportation as “the formal removal of an alien from the United States when the alien has been found removable for violating the immigration laws.”
An individual who seeks to file an I-751 petition must present that his/her case is very unique. Petitions based on exceptional hardship are very difficult to obtain approval; therefore, you will want to seek counsel from an experienced immigration attorney in order to evaluate whether filing under this ground is your best option, and if not, find your best solution.
A National Interest Waiver (“NIW”) is very desirable as it waives the requirement of a US job offer and labor certification, cutting off much of the visa application processing time. However, NIWs are not just granted to any applicant. When applying under an NIW for an employment-based visa, you must produce at least 3 of the criteria under the exceptional ability standard and prove that it is in the national interest that you work permanently in the US.
Our client retained Attorney Richard Herman of Herman Legal Group for guidance and counsel on his extremely complex situation.