J 1 What do I need for a visa to return to China?

J 1 Holders can't obtain H, L, K or immigrant visa approval in embassies and consulates outside the United States before obtaining exemption or meeting the conditions of two years. However, you can apply for non-immigrant visas other than H, L and K..

At the beginning of the application, the applicant must first make clear his identity when he came to the United States and know whether he meets the basic qualifications and conditions of the application. Applicants applying for exemption in China must meet the following six conditions:

1. The applicant must be a People's Republic of China (PRC) citizen with a valid People's Republic of China (PRC) personal passport.

2. The applicant comes to the United States to study abroad at his own expense or a company organization (including company investment or a company organization at his own expense), and the American aid contacted by an individual or organization is regarded as his own expense.

3. It has a registration record in the Education Office of the China Embassy and Consulate in the United States.

4. When applying for exemption, J 1 still has a valid stay in the United States for more than half a year.

5. There is a J 1 visa record in the United States, and the J 1 visa record has been 6 months when applying for visa exemption.

6. Settle the economic and housing relationship with the original domestic unit, and other unfinished matters have been settled through consultation.

The Immigration Act provides five grounds for applying for exemption:

If the holder of J 1 needs to be restricted to return to China for two years, he can apply for exemption based on any of the following five items with the help of a lawyer.

1, apply for political asylum.

Political asylum belongs to another category of immigration law, which will not be introduced in detail here.

2. Relevant US government agency applications.

Under normal circumstances, if it can be proved that the applicant has special talents, and the applicant's professional knowledge is very important to the projects he participates in, he can try to ask the relevant government departments to apply for exemption, and the application for exemption must be approved by both the State Council and the US Immigration Bureau.

3. Difficulties

The applicant's return to China will cause great difficulties to his relatives who have American citizenship or permanent resident status, and he can also apply for exemption. If the Immigration Bureau thinks it is "extremely difficult", it will forward the application form and relevant documents to USIA, which will decide whether to recommend the Immigration Bureau to waive the two-year restriction on returning to China through foreign policy and sponsored projects.

4. An official document issued by the domestic government agreeing to tax exemption.

The applicant can also ask his government to issue an official document agreeing to exemption, so as to achieve the purpose of exemption from the two-year restriction on returning to China.

5. Designated national health institutions require exemption from inspection.

State health authorities or related departments may require J- 1 holders to obtain full-time medical and health work in areas where medical talents are scarce in the United States.

Matters needing attention in applying for exemption from returning to China and other two-year restrictions:

1. The official document issued by the domestic government agreeing to exemption from inspection does not guarantee that it will be exempted from inspection. The key is whether you can make suggestions that are beneficial to the applicant.

2. If you want to leave the country after visa exemption, go through the visa formalities of H 1 or F 1. Because once the visa formalities of J 1 expire, the applicant will immediately become an illegal resident of the United States. This is very unfavorable for handling other non-immigrant visas and subsequent immigration procedures.

Summary: It has been very difficult to apply for exemption from the J/KLOC-0 visa for two years to return to China. Even if lawyers appeal on their behalf, the court's decision is mostly in favor of USIA. However, USIA often puts forward unfavorable suggestions to applicants, so applicants should think carefully and be cautious.