Open Access Research Article
NORI- NO OBLIGATION TO RETURN TO INDIA
Published Paper
Article Details
NORI- NO OBLIGATION TO
RETURN TO INDIA
AUTHORED BY
- SIMRAN MEHTA
INTRODUCTION
NORI (no obligation to return to
India) which is precisely also known as the J1 waiver, is a required document
to waive off the obligation of 2 year home residency rule for J1 holders.
In 2014, the Government of India came
out with a policy that ensures that doctors return to India after completing
their training or their higher studies in the United States of America.
It banned the issuance of NORI,
however, and an age bar was set to get this issuance.
The process of applying for NORI is a
defined channel established by the concerned authority.
To get into details of what NORI is,
prima facie, we need to dig into the procedure, the requirements,
documentation, and other requisite administrative or any kind of precaution
that need to be taken before the waiver.
Apart from this, we need to establish
a strong diplomatic relationship with the country (preferably for NORI) we also
need to keep a check on the visa, its limitations, and its applicability with
the concerned countries concerning India.
Through this paper, efforts have been
made to attain the essence of the NORI certificate and the other intense to
root out various dilemmas and the complexity embedded in the whole process of NORI
along with the lacuna present for a specific section of a profession.
WHAT IS VISA?
It is believed that VISA stands for
Verified International Stay Approval/Address or Virtual Important Stamp
Authorization but the truth is that there is no standardized full form of visa.
According to the Collins dictionary,
the visa is defined as an official document, or a stamp put in your passport,
which allows you to enter or leave a particular country.[1]
Visa specifies the duration of your
stay, your entry, what territories you’re allowed to visit, how many visits
you’re allowed to make, and whether or not you’re allowed to study or work
during your trip.
Ø Concerning the U.S. government:
A foreigner who wants to
enter the United States usually must first obtain a U.S. visa, which is
included in the traveler's passport, a travel document issued by the traveler's
country of residence.
Some international
travelers may be eligible to travel to the United States without a visa if they
meet visa-free requirements. The Visa section of this website is about US visas
for foreigners traveling to the United States.
Ø Concerning the Indian government:
A visa is a form of
permission for a non-citizen to travel, enter, transit, or remain in a
particular country.[2]
NORI- NO OBLIGATION TO RETURN TO INDIA
What is NORI?
No Obligation to Return to India (NORI)
Certificate is required when a person has gone to the USA on a J-1 visa. The
j-1 visa is subject to a two-year home-country physical presence requirement
which requires J-1 visa holders to return to their home country for at least
two years at the end of their exchange visitor program. This is also known as
the foreign residence requirement under U.S. law, Immigration and Nationality
Act, Section 212(e)[3]. Before issuing a waiver, the Embassy/CGI asks the J-1
visa holder to get NORI from the Ministry of Human Resource Development.
The External Scholarship Division,
Department of Higher Education, Ministry of Human Resource Development.
NOTE: As per the instruction of the Ministry of Health and Family Welfare, the
NORI certificate will not be issued if any of the qualifications possessed by
the applicants is included in any of the three schedules of the Medical Council
of India Act, 1956. The same can be accessed through the public domain of MCI.
The Home Department of State in India
which the applicants belong to a The Regional Passport Office in India (where
the passport was issued initially);
Ministry of Human Resource
Development has launched a new portal for NORI which has been functional since
27.02.2016 and is accessible through its domain. The physical model of the
application has been discontinued from 27.05.2016. It is to be noted that for
getting a NORI certificate from the other two departments, mentioned above, the
applicants are required to apply to them.
NOTE: Immigration
and Nationality Act, Section 212(e) - INA 212(e) makes certain J visa
participants ineligible for an H, L, or Lawful Permanent Resident (LPR) status
until they have returned to and been physically present in their last country
of citizenship or permanent residence for a minimum of two years after
completion of their J exchange programs.[3]
What is the Two-Year Physical Presence Requirement?[4]
Under Section 212(e) of the
Immigration and Nationality Act, J visa holders should affirm with a two-year
home-country actual presence as per requirement. The two-year home-country
physical presence requirement doesn’t put any restriction on you from visiting
the United States for two years. However, it implies that you can not do any of
the following until you have returned to your home country for at least two
years:
·
One
can’t change your status to a nonimmigrant temporary worker (H) or take an H
visa.
·
One
can’t change your status to a nonimmigrant intercompany transferee (L) or
receive an L visa.
·
One
can’t change your status to lawful permanent resident in the United States or
receive an immigrant visa from a U.S. Embassy or Consulate.
·
One
can’t receive a fiancé (K) visa.
·
One
everyone with a J-1 visa is subject to this requirement.
How NORI was introduced?
Earlier people who wanted to waive
off the 2 years home country physical presence, had to submit their application
in person and the process was quite time-consuming, so the physical mode of
application was discontinued by 27.05.2016, and the Ministry of Human Resource
Development launched a new portal for NORI[5] which
has been functional since 27.02.2016.
Note: presently the process of
applying for NORI in person is suspended.
When is NORI required?
As per the Immigration laws of the
United States of America, 2 years of home (India) residency is mandatory for
all J-1 visa holders for applying for an H1B visa, i.e., a work visa. For this,
the J-1 visa holders are expected to submit a NORI Certificate to US
authorities. Ordinarily, the candidates who are staying in the USA need a
J1-waiver for which they need to apply for a NORI Certificate to the Indian
Missions/Posts concerned in USA. Those who have returned to India may apply for
this Certificate in the CPV Division, Ministry of External Affairs, and New
Delhi. The candidates staying in a third country are required to apply at the
concerned Indian Mission/Post.
NORI Importance?
If someone is unable to return to
one’s home country to fulfill the two-year requirement, one must obtain a
waiver from the Embassy /Consulate General of India in the USA. To empower the
concerned Embassy to issue a "WAIVER CERTIFICATE", for immigration,
the applicant must obtain seal of approval directly from the authorities concerned
in India, namely:
Benefits:
• Simplification
of the process
• Develops
Transparency
• Eliminates
delay
• Tracking
of the application
How To Get NORI?
The Human Resource
Development (HRD) Ministry has made the process of issuing the No Obligation to
Return to India (NORI) certificate online with the launch of a web portal.
The online application on the portal has commenced from 27th
February 2016 and the process physical application has been suspended for the
purpose Procedure
for applying on NORI portal of Ministry of Human Resource Development:[6]
(FOR APPLICANTS WHO ARE PRESENT IN
INDIA OR APPLYING THROUGH A PERSON PRESENT IN INDIA)
· The applicants are required to
register themselves on the portal[7] .
At the time of registration, the candidate is required to give the same current
address as mentioned in the bio-data. The scanned copies (color) of the
following documents are required to be uploaded while making an online
application for NORI:
(i)
Affidavit,
(ii)
bio-data,
(iii)
educational/academic
certificate/diploma/degree conferred after 10+2, (iv) visa and
(iv)
passport.
· Affidavit and bio-data should be in
prescribed format which is available on the website of the Embassy of
India/Consulate General of India (CGI) in the USA and duly notarized by a
notary public and then authenticated by the concerned Embassy of India/CGI.
Detailed instruction may be seen at their respective sites (links have been
provided below).
· An applicant is required to give
his/her response against all the columns and statements mentioned in the
bio-data and affidavit. Candidates should give categorical responses viz.
either ‘yes’ or ‘no’ instead of leaving it blank/dashes/not applicable against
the columns and statements mentioned in bio-data and affidavit form.
· The applicants who are residing in
India and applying for NORI, are required to download the prescribed forms for
bio-data and affidavit from the link given below and are required to notarize
these forms after filling them completely.
· The applicants who are residing in
other countries than India and the USA are required to contact the Indian
Mission in the residing country and are required to get the bio-data and
affidavit notarized from the notary public and then these documents should be
authenticated by the Indian mission in that country.
The following facilities have been
provided in the NORI portal for applicants:
· To apply online
· Applicant gets an e-mail when any
update is made in his/her application status. The details may be seen after
re-login to the portal.
· In case any shortcoming is found in
the application, the applicants are intimated on the portal and they can submit
their reply on the same portal.
· After the issue of NORI, a copy of
the same can be downloaded from the portal.
NOTE: NORI certificate is sent to the
Ministry of External Affair in New Delhi/Embassy of India/Consulate General of
India as the case may be.
(FOR APPLICANTS WHO ARE PRESENT IN U.S.A)
Procedure[8] –
The applicant has to get 3 or 4 sets of the attested from the Consulate in
order to obtain No objection certificate (NOC) from the following Departments
in India –
1.
Ministry of Human Resource Development/
Ministry of Education (Department of Higher Education) or Ministry of Health
and Family Welfare in case of doctors and medical professionals;
2.
Home Department of the concerned State or
Union Territory in India to which the applicant belongs.
3.
Regional Passport Office in India from
where the previous passport was issued.
4.
Concerned bank or financial institution
in case the applicant has raised any loan
Note: The passport
office sends the NOC/clearance directly to the Consulate while the other two
Departments will be sending NOC/clearances to the applicant directly.
The following documents/
clearances are required along with application for issuing NORI
certificate:[9]
·
Duly filled in miscellaneous
application
·
NOCs from all departments as
above-mentioned accordingly.
·
Original notarized affidavit containing
full details of his/her visit to USA on student visa, especially, details of
his/her Indian passport number, date and place of issue, period of stay in USA,
his/her address in USA during his/her stay there and his/her present address in
the place where currently staying;
·
Copies of the Indian passports including
the one on which the applicant travelled to US and US visa pages;
·
Copy of Third Party Bar Code page from
the US State Department containing the applicant’s Waiver Review Case File
Number (this is required to be quoted in the NORI Certificate as well as
details of passport, US address etc.).
·
Applicants are expected to submit the
above mentioned documents in original along with the application. Presence
of applicant is required.
·
Copy of PR card/Work or Study permit
·
Provide with Proof of address where
applicant lives (e.g. Canadian driving license, Gas, Electricity or
landline telephone bill) containing applicant's address and House lease
agreement.
·
A fee amount should be paid through Debit
Card/Bank Draft/Money Order drawn in favor of "Consulate General of India,
concerned state”.
How to get NOC from ministry of
external affairs?[10]
The applicant who is in India should submit application for
issue of NORI Certificate at the CPV Division (Consular-I Section), Ministry of
External Affairs, Patiala House Annexe, Tilak Marg, New Delhi-110001 (Tel:
011-23389165; Email: socons@mea.gov.in).
Those who are applying from a third country where they are
currently staying, the concerned Mission/Post should issue NORI Certificate by
accepting all the above documents.
Documents to be submitted in regional
Passport office
·
J-1
visa copy.
·
Third
party bar code
·
Notarized
affidavit and bio-data
·
Copy
of a passport
·
(10+2)
educational certificate
Who Can Apply For NORI?
Usually, the applicants who are living
in the USA need a J1-waiver for which they need to apply for a NORI Certificate
to the concerned Indian Missions/Posts in USA. The applicants who have returned
to India may apply for this Certificate at the CPV Division, Ministry of
External Affairs, New Delhi.
Ministry of Human Resource
Development issues NORI only to non-medical category applicants as the following
relating to
(i)
Higher
training abroad in medical and allied subjects; and
(ii)
Medical
profession and medical education, come under the domain of Ministry of Health
& Family Welfare. For the issue of NORI, the applicants coming under
medical category, are those who hold medical qualifications. Thus, the
government has declared that it would not issue a ‘No Obligation to Return to
India’ (NORI) certificate to doctors, under any circumstances, except to those
who are over 65 years of age.[11]
Cases:-
Aditi Sudhir Vaishnav vs Union of India on 30 September 2021[12]
Bench: R.D.
Dhanuka, Abhay Ahuja
“He submits that by the said
judgment, this Court has directed the Respondents therein to grant NOC for NORI
certificate in favor of the Petitioner therein. It was made clear in the said
judgment that the Respondent shall make it clear in the NORI certificate that
in case the Petitioner starts practicing medicine in the USA, the NORI
certificate would stand canceled and she would be required to come back to
India. He submits that a similar endorsement may be made in the NOC as well as NORI
certificate if issued in favor of the Petitioner by the Respondents in this
case.”
“The Respondent No.1 (a) is directed
to issue NOC for NORI certificate in favor of the Petitioner within four weeks
from today. It shall be made clear in the said NORI certificate that in case
the Petitioner starts practicing medicine in the USA, NORI certificate would
stand canceled and she would be required to come back to India”
In the above case,
The petitioner completed her
graduation MBBS degree and enrolled as a doctor under the Maharashtra medical
council act. The petitioner accepted an internship offered to her by the
hospital for special surgery, in New York on 20th June 2017. Petition of for
the applied to ministry of health and family welfare for issuance of a
statement of need (SON) and same was issued. The petitioner applied to
respondent no. 1 issuance of NOC for the NORI certificate. The court ordered
respondent no. 1 to issue NOC for NORI certificate in favor of the petitioner
within 4 weeks from the date of order.
Sunil Kiran Noothi vs The Union of
India and Another on 20 December 2016[13]
Bench: R.M. Borde
“In the above circumstances, the Writ
Petition deserves to be allowed partly and it is accordingly allowed. The
respondents are directed to reconsider the claim of the petitioner for grant of
NORI Certificate in view of the fact that he is not a Medical Practitioner and
is a Research Scholar. Respondent No. 1 (b) shall decide on the claim of the
petitioner for the issue of the NORI Certificate within three months from today
on its own merits keeping in mind the fact that the petitioner is a Research
Scholar and not a Medical Practitioner. In case of respondent No. 1 (b) allows
the claim of the petitioner, after considering the merits thereof, he shall
communicate his decision to respondent No. 1 (a), who, in turn, shall decide on
the claim of the petitioner for the issue of NORI Certificate within three
months from the date of receiving communication from respondent NO. 1 (b).”
In the above case, the petitioner has
obtained the degree of M.B.B.S. and has got himself registered as a
practitioner under the Karnataka Medical Registration Act, 1961, he never
practiced as a Doctor/Medical Practitioner and is inclined towards research
work. He applied to the Department of Physiology and Biophysics, Case Western
Reserve University, Clevland, Ohio, the U.S.A. for further research training as
a postdoctoral fellow from January 2011 to December 2011 and traveled to the
U.S.A. on a J1 (Research Scholar) Visa. he applied to the respondents for
issuance of NORI Certificate. However, his request has been turned down on the
ground that as per the extant policy guidelines, NORI Certificate is not issued
by the Ministry of Health and Family Welfare to anyone except in the cases
where the age of the applicant is over 65 years on the date of submission of
the application.
Here, the court granted permission
for the issuance of a NORI certificate since he is not a Medical Practitioner
and is a Research Scholar.
J1 Visa?
The j-1 visa is also known as the
exchange visitor visa. It is a temporary non-immigrant visa that allows foreign
nationals to live and work in the U.S. It is for a temporary period to fulfill
a particular program, as the program ends, then the respective person who
obtained a j-1 visa is required to return to their home country. In the United
States, The J-1 visa is for those who wish to take part in work-and-study-based
exchange programs and visitor programs in the U.S. These programs are sponsored
by an educational institution or other non-profit organization, which must be
officially recognized through the Exchange Visitor Program designated by the
U.S. State Department. J-1 holders come to the United States to teach, study,
receive training, or exhibit special skills. The J1 visa is meant for students
who require practical training that is not available to them in their home
country, and the training should be directly related to their education system.
The J-1 visa has 15 categories of
eligible roles and/or program type:[14]
1. Au Pair
2. Camp Counselor
3. College and University Student
4. Secondary School Student
5. Government Visitor
6. International Visitor
7. Physician
8. Professor
9. Research Scholar
10. Short-Term Scholar
11. Specialist
12. Summer Work Travel
13. Teacher
14. Trainee
15. Intern
J1 Visa Validity Periods
Depending on the occupation your J1
Visa supports, there are different periods of validity:
Teachers, scholars, researchers, and
professors – 5 years.
Medical graduate students – 7 years.
Professional trainees and government
visitors – 18-24 months
Camp counselors and summer workers –
4 months.
Nannies and au pairs – 1 year.
Employees of the International
Communications Agency – up to 10 years
How Can I Stay In The US After My J-1
Visa Expires?[15]
An Exchange Student’s program period
is considered to last from the first Date to the last on an Exchange Student’s
DS-2019 Form. For Exchange Students, this vommonly reflects the semester term
dates.
Admant Period: The US Department of
Homeland Security allows J-1 Visa Holders to enter the US up to 30 days before
the start date on their DS-2019 Form.
Grace Period: J-1 Visa Holders have a
30-day grace period after the end date on their DS-2019 Form. The Grace Period
is a benefit of the J-1 status to allow J-1 visa holders time after their
status to remain in the US.
Grace Period time can be used:
• To travel locally (within the
United States)
• Make travel arrangements
• Gather belongings/Pack/Move-Out of
housing
The grace period is not considered
part of the program time, so J-1 Visa Holders are not permitted to work or take
classes during this time.
If J-1 Visa Holders exit the US
during the Grace Period, they are not fit to re-enter the US using their J-1
Visa Status to use the remaining duration of the 30 days. If traveling
internationally during the grace period (illustration, to Canada, Mexico,
Caribbean Islands, etc.) Exchange Students must plan to return home directly
from their international destination or use an alternate US visa status (like
B1/B2 Tourist status, or ESTA equivalent) to re-enter the US and depart.
Visa Validity: A J-1 Visa is issued
for entry into the US by Consular Officers. Visa validity is typically granted
for the period between the start and end date on the DS-2019 Form. Visas may be
granted for multiple entries into the US or single entry into the US depending
on the discretion of the Consular Officer.
J1 Visa Extension Requirements
The necessities you need to meet to
have your J1 visa extension approved are very simple process. Applicant must currently
be on J1 status and applicant’s program sponsor must have filed a DS-2019.
There are, nonetheless, quite a few documents that an applicant has to submit
for their J1 visa extension application.
J1 Visa Extension Required Documents
You will need to submit the following
documents with your DS-2019 to apply for a J1 visa extension:
Your Form DS-2019 and IAP-66
Your passport
Your Form I-94
Proof of your J1 Visa health
insurance (this insurance must cover you for the length of your extension, as
well as all your family members on J2 status)
Evidence of financial capabilities
(only if your program is unable to fund you)
A valid explanation for the extension
with supplementary documentation
Fortunately, you will not have to pay
a SEVIS fee again when you apply for your J1 visa extension.
How To Extend A J1 Visa
The J1 visa extension process is
relatively straightforward
Apply for a J1 visa extension
still, file Form DS- 2019
If approved.Your program sponsor will
have a specific officer who'll determine your eligibility for a J1 visaextension.However,
the exercise will be made, If you're eligible.
If your extension is approved you'll
be issued a new DS- 2019 form which has a new expiration date. The good news
is, that if you have a better half or children with you in theU.S. on J2
status, your extension will cover them as well.
Make sure you apply for your J1 visa
extension before the expiration date on your current DS- 2019. It's stiffly
recommended that you apply for your J1 visa extension as soon as you know you
wo n’t be fit to complete your program in time — even if it's a several months
in advance.
What If Your J1 Visa Extension Is
Denied?
If application of your J1 visa is
denied, you will have to move back to your home country. Nonetheless you will
have a 30-days of grace period from the date of completion indicated on your
original DS-2019 to do this. If you stay in the U.S. after this grace period,
you may be regarded as “out of status.” This can have serious consequences if you
try to apply for a green card or visa in the future.
H1b Visa?
The H1B visa is used by US employers
for recruitment of foreign graduates and specialist employees. It is a
non-immigrant, temporary worker visa that requires an offer of employment from a
US employer. An H1B visa permits the holder to stay and work in the USA for
ovee three years, with the option of extending your stay to a total of six
years, provided that you can continue to hold qualifying employment.
Where most temporary workers must prove
their intentention to return home at the end of their visa, an H1B visa allows
for ‘dual intent’, i.e., the opportunity to hold temporary employment in the US
while also petitioning for permanent residence.
H1B status holders may become
eligible for a Green Card and permanent residency if they stay and work in the
US for the six-year maximum allowed under the H1B visa.
With H1B status, your spouse and
children may accompany you to the US under an H-4 visa. This status will remain
valid for the duration of your H1B visa. As H-4 visa holders, your spouse may
also apply for an employment authorization document (EAD) to take up employment
in the US for the length of your H1B visa.[16]
v Can You Change From A J1 Visa To An H1b?
One can convert from J1 visa status
to h1b visa status only after getting an offer of employment from a US
employer. H1b visa permits the holder to stay and work in the USA for up to 3
years, with the option of extending your state to a total of 6 years, provided
that person continues to hold qualifying employment.
v How To Change From J-1 To H1b?[17]
1. Find an H1B Sponsor
Your H1B visa is dependent on a job
offer from an employer who is willing to be your sponsor. There are numerous
ways to find an sponsor for H1B visa. Get yours and move on to the next step in
the process.
2. Employer Submits Labor Conditions Approval (LCA)
Your employer will file an LCA to
start the application process after you have been hired. The LCA is filed at
the Department of Labor (DOL). The LCA filing states details about your
employment like payment, working conditions, and place. The DOL would like to
know that you will be treated fairly and equally as residents in your field of
work and state of residence in the U.S. would be.
The processing time of an LCA approval
may differ but you can further read about LCA approval in our guide.
3. Employer Submits Form I-129
Once the LCA has been approved your
employer will file the petition for a non-immigrant worker (form I-129).
This Application Needs:
The application fee
Documents stating your education and
experience evaluation
Training certificates
Professional membership documents
Your resume
Employment Agreement
And the letter of support from your
employer
4. Applicant Completes Application at a US Embassy or Consulate
You need to wait for the petition to
be approved. Then you need to go to the U.S. embassy or consulate in your home
country to reprocess your new visa. It should take between 2-3 days but it may
differ in your home country.
v DIFFERENCE BETWEEN J-1 AND H1B VISA?
|
Question
|
||
|
Provide
foreign nationals with exchange opportunities in research as well as access
to cultural and general educational programs.
|
Dual intent
visa: used for temporary employment visitors and for those who intend to
apply for permanent residency
|
|
|
This category
of visa is reserved for researchers, faculty and scholars, specialists and
speakers, and students in exchange programs. All are in the U.S. on fixed
terms. Researchers must be brought in for a specific purpose as defined by
the sponsoring institution.
|
Reserved for
specialty occupations (scholars and scientists) that require theoretical and
practical application of a body of highly specialized knowledge in a field of
human endeavor. Requires a Ph.D.
|
|
|
Two-year home
residency requirement is imposed if home country funds research or occupation
is on skills list.
|
May be
approved for J-1 visa researchers, professors or postdocs who have exhausted
the three-year limit.
|
|
|
Up to three
years with possible six months extension.
|
Up to six
years.
|
|
|
Academic and
financial screening by the sponsoring institution confirmed by the issuance
of the DS-2019.
|
Employer must
demonstrate:
-employer-employee relationship -position applied for is professional -requires B.A./B.S at minimum; Ph.D. for postdocs and/or special skills -salary paid must meet the prevailing wage -benefits are commensurate with other similar positions -initial intent to hire is temporary -must pay for return transportation home if employer terminates job. |
|
|
Yes, but the
total stay cannot exceed three years.
|
Yes, but the
total stay cannot exceed six years.
|
|
|
You may be
required to live in your home country for two years if you have special
skills needed by your country, or you used government funding for the
program.
Waiver of the
two-year home residency requirement may be possible. See the
information on J-1 waivers.
|
Not required.
|
|
|
Check with
institution and/or immigration attorney.
|
Check with
employer and/or immigration attorney.
|
|
|
Many
institutions charge a handling fee (approximately $200-$300) to process the
DS-2019.
|
The U.S.
government charges a filing fee of $130 for the processing of the I-129
petition. Many institutions charge a $1,000 handling fee or require
payment of attorney fees.
|
|
|
The
professor, researcher or postdoc or the institution.
|
The employer.
|
|
|
The
institution issues the DS-2019
|
The employer
files the H-1B petition
|
|
|
The
institution can take two weeks or several months to issue the DS-2019. The
U.S. embassy may take another two months or more to issue the visa.
|
Employer can
take up to three months to process the paperwork. The Immigration
Service can take up to another six months. The U.S. embassy or consulate can
take another two months to issue visa stamp.
|
|
|
No.
|
Yes, for the
petition with the Immigration Service. No, for the visa stamp issuance.
|
|
|
Not
applicable.
|
$1,000
premium processing fee.
|
|
|
May receive
compensation from the school or institution that issued the DS-2019. You may
also engage in temporary work in another institution if the work is related
to the program and if you receive advance permission. Compensation may
include travel grants and reimbursements.
|
May only work
for the H-1B employer in the specific position approved. You are not eligible
for honorariums; however, in some cases they can be paid reimbursements.
|
|
|
No, however,
the applicant has to remain off J status for at least one year before the
next three-year period.
|
No, however,
the applicant has to remain outside of the U.S. for at least one year before
the next six-year period.
|
|
|
Termination
of participation in J-1 program. Visits to the U.S. in the future will be
prohibited in varying degrees depending on length of unlawful presence. For
example, if you are in unlawfully present for more than 180 days, you are
prohibited from returning to the U.S. in any visa status for three years.
|
Must leave
the U.S. and reapply for admission in proper status. Visits to the U.S. in
the future will be prohibited in varying degrees depending on length of
unlawful presence. For example, if you are in unlawfully present for more
than 180 days, you are prohibited from returning to the U.S. in any visa
status for three years.
|
|
|
You may
continue in F-1 (student visa status) in an optional practical training (OPT)
category for up to a year; however, you should apply at least six months in
advance before OPT expires for change of status to J-1 or H-1B.
Persons in
J-1 status who are changing status to H-1B cannot start work until the
application is approved.
While a
change in status is pending you cannot “volunteer” for work where you would
normally be paid.
|
Cannot work
until H1-B application is approved. You may remain in the country if
petition is submitted before previous status ends.
While a
change in status is pending you cannot “volunteer” for work where you would
normally be paid.
|
|
|
J-2 for
spouse and children under 21.
|
H-4 for
spouse and children under 21.
|
|
|
Family
members on J-2 visas may apply for an Employment Authorization Document (EAD)
for any type of employment. However, their earnings cannot substitute for the
support of the J-1 visa holder.
|
No.
|
|
|
Spouse and
minor children may be admitted into the U.S. in J-2 classifications.
Each family member has a SEVIS-issued DS-2019 form issued in his/her own name
by the sponsoring organization.
When
traveling, it is recommended that you carry copies birth and marriage
certificates to more easily demonstrate spouse and children relationships.
|
Yes. Family
members will need H-4 visas and verification that the H-1B principal is in
the U.S. working for the approved employer.
When traveling it is recommended that you carry copies birth and marriage certificates to more easily demonstrate spouse and children relationships. |
|
|
At a U.S.
consulate or embassy.
|
At a U.S.
consulate or embassy.
|
|
|
Depends on
tax treaty between home country and U.S. Most J-1 visa holders are considered
residents of the U.S. for tax purposes if they meet the substantial presence
test.
|
Depends on
tax treaty between home country and U.S. Most H1-B visa holders are required
to pay federal taxes and Social Security withholding.
|
v What Is A Green Card?
A green card permits a non-U.S
resident to acquire a permanent residence in the United States. A person with a
green card will get permission to live and work (lawfully) anywhere in the
United States and he will become eligible for U.S citizenship after 3 or 5
years.
v Can A J-1 Holder Obtain A Green Card?
Technically, J-1 visa holders are not
qualified for a US green card since it is not considered a “dual intent” visa,
which is a non-immigrant visa that permits holders to pursue a green card
without jeopardizing their nonimmigrant status. Nevertheless, it is likely possible
to apply for a green card. Initially, J-1visa holders need to check their
eligibility. If you are qualifying the requirements for a green card, then
there are few ways to file an immigrant visa petition without contravening your
current status.[19]
v J-1 TO GREEN CARD
Technically, J-1 visa holders are not
qualified for a US green card. To get a J- 1 visa, you need to demonstrate that
you have ties to your home country (like as family or assets) and that you completely
intend to return onetime your J- 1 tenure has ended.
This is because the J- 1 isn't
considered a “bipartite intent” visa, which is a nonimmigrant visa that allows
holders to pursue a green card without risking their nonimmigrant status.
That said, it isn't impossible to go
off from a J- 1 to a green card. There are some ways to file an immigrant visa
petition without breaching your status. Moreover, there are some obstacles that
you'll have to get around. Notwithstanding, these should be handled with care
and shouldn't be done without the help of an experienced immigration attorney.
The first hurdle that we’ll cover is
the home residency condition. This requirement obligates all but all J- 1 visa
holders to return to their home country after their J- 1 status has ended and
remain there for two times before pursuing any additional visas or green cards.
After all, the whole idea behind the J- 1 exchange visitor program is so that
you can return home and bring what you learned in the U.S. to your country.
Since returning home frequently
brings complications with it, you can apply for a J- 1 visa waiver also known
as a NORI certification to get around this requirement.
v There are five ways to attain this
waiver. They are:
·
Through
a No Objection Statement from your home country’s government indicating that
your home country doesn't take issue with you staying in the U.S.
·
If
returning home would expose you to the menace of persecution.
·
If
returning home would create extreme difficulty to you or your family.
·
Through
a federal government agency that takes specific interest in you and requests
your uninterrupted presence in the U.S.
·
If
you get your waiver, you'll still run into problems filing your green card
petition unless you can prove to the USCIS that your original intent was always
to leave after your J- 1 period and that applying for your green card wasn't
your plan all on. Because this can be a delicate thing to prove satisfactorily,
it's advised to lean on the experience of your immigration attorney during this
process.
·
Another
obstacle you may need to overcome is the fact that numerous programs call off
your sponsorship of you as soon as you file a petition for a green card. In
some cases, this is because the sponsoring program may want to avoid developing
a repute with the USCIS as a J- 1 program that can be used to get a green card.
However, you may face being considered “Out of status ”, which could have
serious effects including being barred from coming attempts to immigrate to the
U.S.
v CONCLUSION
Ø Allowance from RPO varies from state
to state.
Ø NORI felicitates non-U.s citizens to
establish their participation in the exchange program in less time as it waives
off the obligation for 2 year home residency rule (HRR).
Ø Only an online portal for NORI is available
and the physical form (offline) of the application for the J-1 waiver is
currently suspended.
[1] HarperCollins Publishers Ltd.
(n.d.). Visa definition and meaning: Collins english dictionary. Visa
definition and meaning | Collins English Dictionary. Retrieved July 1, 2022,
from https://www.collinsdictionary.com/dictionary/english/visa
[2] https://boi.gov.in/
, accessed on 21 June, 2022.
[3] J-1 INA
212E Home residency requirement. Duke. (n.d.). Retrieved June 2, 2022, from https://visaservices.duke.edu/categories/j1/212e-residency
[4] J-1 visa waivers: Avoid the 2-year foreign residence
requirement. Global Internships. (n.d.). Retrieved June 20, 2022, from https://www.globalinternships.com/post/j1-visa-waiver
[6] NIC, L. P. (n.d.). Ministry of Education, Department
of Higher Education. Major Initiatives. Retrieved June 28, 2022, from https://www.education.gov.in/en/scholarships-education-loan-3
[7] Supra note 5
[8] Consulate General of India Toronto, Canada. Consulate
General of India, Toronto, Canada : Procedure for issuing NORI certificate.
(n.d.). Retrieved 2022, from https://www.cgitoronto.gov.in/page/procedure-for/
[10] Mea: NORI. Ministry of External Affairs, Government
of India. (n.d.). Retrieved 2022, from https://www.mea.gov.in/NORI.htm
[11] http://www.NORI.ac.in/(Online
portal launched by central Government)
[12] WRIT PETITION NO.1680 OF 2021
[13] WRIT PETITION NO. 8095 OF 2016
[14] J-1 student
visa (rules, requirements, & application). Shorelight. (2021, April
15). Retrieved 2022, from
https://shorelight.com/student-stories/student-visa-usa-j1/
[15]International
Center University of Florida. Maintaining J-1 Status | International Center
University of Florida. (2022).
Retrieved 2022, from https://internationalcenter.ufl.edu/j-1-studentscholar/partner-school-exchange-students/maintaining-j-1-status
[16] Gogol, F. (2022,
April 28). This is how to file for a J1 visa extension in the U.S. [2022].
Stilt Blog. Retrieved July 1, 2022, from https://www.stilt.com/blog/2018/10/j1-visa-extension/#J1_Visa_Validity_Periods
[17] IBID
[18] Critical Differences between H-1B and J-1 Visas by Peng &;
Weber. (n.d.). Retrieved 2022, from https://www.greencardlawyers.com/answers_for/H-1B_J-1ComparisonChart.html
[19] All about J-1 exchange visitor visa: How to apply and what All you need
to know. The Economic Times. (2021, April 18). Retrieved 2022, from https://economictimes.indiatimes.com/nri/migrate/all-about-j-1-exchange-visitor-visa-how-to-apply-and-what-all-you-need-to-know/articleshow/79773611.cms
Article Information
NORI- NO OBLIGATION TO RETURN TO INDIA
Authors: SIMRAN MEHTA
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/09/08
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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