Any success repaying government funding?

[PASTJOURNEY18 9]

Has anyone ever heard of or had success repaying their US government funded j-1 visa in order to get a waiver?

[JeanneAdil 6,498]

is the following your circumstance?  If so  the 2 year home-country directly applies to u

 

Some exchange visitors (with J-1 visas) are subject to the two-year home-country physical presence requirement. This includes current and former exchange visitors. You are subject if one or more of the following applies to you:

• Government funded Exchange Program - You participated in a program funded in whole or in part by a U.S. government agency, your home country’s government, or an international organization that received funding from the U.S. government or your home country’s government.

 

https://travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor/eligibility.html

Edited November 15, 2023 by JeanneAdil

[PASTJOURNEY18 9]

4 minutes ago, JeanneAdil said:

is the following your circumstance?  If so  the 2 year home-country directly applies to u

 

Some exchange visitors (with J-1 visas) are subject to the two-year home-country physical presence requirement. This includes current and former exchange visitors. You are subject if one or more of the following applies to you:

• Government funded Exchange Program - You participated in a program funded in whole or in part by a U.S. government agency, your home country’s government, or an international organization that received funding from the U.S. government or your home country’s government.

 

https://travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor/eligibility.html

Yes, correct. One attorney told us he had a case years ago where the individual paid back or donated the funds - since it was the only thing holding him back. I think, there are some US government programs (I have to find it), that allow you to pay back the funds, plus interest - some government programs don't state anything and that is why I'm curious.

[JeanneAdil 6,498]

8 minutes ago, nmanc33 said:

Yes, correct. One attorney told us he had a case years ago where the individual paid back or donated the funds - since it was the only thing holding him back. I think, there are some US government programs (I have to find it), that allow you to pay back the funds, plus interest - some government programs don't state anything and that is why I'm curious.

The release committment comes from  the home country not the US government agency sponsor /  donated agency is different than government agency

 

Who sponsors a J1 visa?

 

The Secretary of State appoints sponsor organizations for J1 visas. These organizations can come in various forms, including government agencies, educational institutions, academic organizations, cultural organizations, non-profit organizations, and for-profit organizations.May 6, 2023

 

and how would a person pay back to   government  agencies 

 

and yes,  home country can waive the requirement/  offer of an internship or decent job offer can waive a lot of rules

 

contact the embassy and go that route

[PASTJOURNEY18 9]

2 hours ago, JeanneAdil said:

The release committment comes from  the home country not the US government agency sponsor /  donated agency is different than government agency

 

Who sponsors a J1 visa?

 

The Secretary of State appoints sponsor organizations for J1 visas. These organizations can come in various forms, including government agencies, educational institutions, academic organizations, cultural organizations, non-profit organizations, and for-profit organizations.May 6, 2023

 

and how would a person pay back to   government  agencies 

 

and yes,  home country can waive the requirement/  offer of an internship or decent job offer can waive a lot of rules

 

contact the embassy and go that route

The government funding came from ECA and the implementing partner was through a non-profit organization that handled the program.

 

Any ideas?

[jan22 3,053]

9 hours ago, nmanc33 said:

The government funding came from ECA and the implementing partner was through a non-profit organization that handled the program.

 

Any ideas?

When US government funds are used to fund a J-1, the individual almost never gets a waiver of the two year home residency requirement. 

 

I am unaware of any portion of the law/regulations that allow a person to repay government funds spent in support of a J-1 in order to avoid the waiver process -- but, who knows, there may be some legal precedent out there somewhere.  I would require the lawyer to provide evidence of the case he referred to, citing the specific area of the law or legal argument that allowed it to be approved.  Without that information, I would drop this lawyer immediately.

Edited November 16, 2023 by jan22

[PASTJOURNEY18 9]

11 hours ago, jan22 said:

When US government funds are used to fund a J-1, the individual almost never gets a waiver of the two year home residency requirement. 

 

I am unaware of any portion of the law/regulations that allow a person to repay government funds spent in support of a J-1 in order to avoid the waiver process -- but, who knows, there may be some legal precedent out there somewhere.  I would require the lawyer to provide evidence of the case he referred to, citing the specific area of the law or legal argument that allowed it to be approved.  Without that information, I would drop this lawyer immediately.

Thank you!

I agree and we will be speaking to another attorney as well.

 

Regarding US government funding, a hardship waiver - as long as there is clear evidence of exceptional and/or extreme hardship on the USC spouse - since now it technically has nothing to do with the j-1 applicant, but a USC him or herself. What are your thoughts?

 

On a side note, I've spoken to a few people that got denied a j-1 no objection gov funding, but approved hardship waiver after.

[jan22 3,053]

8 hours ago, nmanc33 said:

Thank you!

I agree and we will be speaking to another attorney as well.

 

Regarding US government funding, a hardship waiver - as long as there is clear evidence of exceptional and/or extreme hardship on the USC spouse - since now it technically has nothing to do with the j-1 applicant, but a USC him or herself. What are your thoughts?

 

On a side note, I've spoken to a few people that got denied a j-1 no objection gov funding, but approved hardship waiver after.

Usually unlikely, but not impossible.

How long was the J-1 progam?

[PASTJOURNEY18 9]

On 11/16/2023 at 7:12 PM, jan22 said:

Usually unlikely, but not impossible.

How long was the J-1 progam?

A shocking... 5 weeks.

I am trying to figure out how to pay it back.

[jan22 3,053]

12 hours ago, nmanc33 said:

A shocking... 5 weeks.

I am trying to figure out how to pay it back.

As I said earlier, I am unaware of any procedure to repay the cost of a J-1 program.  Having such a procedure would actually negate the basic purpose of the J-1 visa program, which is designed to be an exchange program visa -- you bring knowledge/culture/experiences from your home country to the US and take back knowledge/culture/experiences from the US, hopefully leading to better cross-cultural understandings.  If the J-1 visa holder doesnt go/take anything back to their home country, the "exchange" portion of the equation is lost.

 

For a short prorated such as yours, you might (emphasis on the "might") get a hardship waiver approved. 

 

Good luck!

[PASTJOURNEY18 9]

8 minutes ago, jan22 said:

As I said earlier, I am unaware of any procedure to repay the cost of a J-1 program.  Having such a procedure would actually negate the basic purpose of the J-1 visa program, which is designed to be an exchange program visa -- you bring knowledge/culture/experiences from your home country to the US and take back knowledge/culture/experiences from the US, hopefully leading to better cross-cultural understandings.  If the J-1 visa holder doesnt go/take anything back to their home country, the "exchange" portion of the equation is lost.

 

For a short prorated such as yours, you might (emphasis on the "might") get a hardship waiver approved. 

 

Good luck!

That's what we're hoping for! Originally was chosen for the program due to entrepreneurship of owning a company - went back for 16 months, but covid closed the business - defeating the purpose since the very foundation of the selection was the business.

In reality, one must also take into consideration as to what you can actually learn in 5 weeks and "spread" the knowledge for 2 years, vs the same criteria of a program that is 1-4 years and you still need to go back for the same period as someone with a 5 week program (but has also completed 70% of the 2 HRR).

 

Thank you!

[jan22 3,053]

8 minutes ago, nmanc33 said:

That's what we're hoping for! Originally was chosen for the program due to entrepreneurship of owning a company - went back for 16 months, but covid closed the business - defeating the purpose since the very foundation of the selection was the business.

In reality, one must also take into consideration as to what you can actually learn in 5 weeks and "spread" the knowledge for 2 years, vs the same criteria of a program that is 1-4 years and you still need to go back for the same period as someone with a 5 week program (but has also completed 70% of the 2 HRR).

 

Thank you!

Not to be negative -- but if you've completed 70% of the HHR (almost 17 months?), you're likely to actually finish the two years before you could submit and get a waiver approved!

[PASTJOURNEY18 9]

21 minutes ago, jan22 said:

Not to be negative -- but if you've completed 70% of the HHR (almost 17 months?), you're likely to actually finish the two years before you could submit and get a waiver approved!

Our attorney was incompetent and told us to file a no objection and overstayed due to it. Now subject to a 10 year bar because of it - adding to the hardship.

It's a messy situation. 

[Boiler 45,486]

I think we have mentioned the I601a

[PASTJOURNEY18 9]

Correct!

5 minutes ago, Boiler said:

I think we have mentioned the I601a