J-1 Visa Waiver

J-1 VISA WAIVER AGREEMENT

This J-1 Visa Waiver Agreement (the "Agreement") is entered into as of by and between Applicant Name: , Applicant Address: ("Applicant"), and Petitioner Name: , Petitioner Address: ("Petitioner"). Applicant and Petitioner are collectively referred to herein as the "Parties."

RECITALS

WHEREAS, Applicant is presently admitted to the United States on a J-1 exchange visitor visa and is subject to the two-year foreign residence requirement under 22 C.F.R. and the Immigration and Nationality Act; and

WHEREAS, Applicant has requested a waiver of the two-year foreign residence requirement and seeks the support of Petitioner for such waiver; and

WHEREAS, Petitioner is willing to undertake certain obligations, provide documentation to immigration authorities, and make the commitments set forth below in support of Applicant's waiver request.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. DEFINITIONS

1.1 "Effective Date" means the date set forth above.
1.2 "Employment Term" means the period beginning on the Employment Start Date and continuing for the duration specified in Section 3.
1.3 "Employment Start Date" means .

2. PETITIONER’S COMMITMENTS

2.1 Employment Offer. Petitioner hereby offers to employ Applicant as commencing on the Employment Start Date for a minimum period of months at an annualized salary of $. Petitioner represents that this position is bona fide and that Applicant will be employed in a capacity consistent with the position offered.

2.2 Non-Displacement and Labor Protection. Petitioner certifies that it will not displace a United States worker in the position offered to Applicant and will comply with all applicable labor laws and hiring practices. Petitioner shall maintain records evidencing recruitment efforts and qualifications of hired personnel.

2.3 Documentation and Cooperation. Petitioner shall furnish to Applicant and to the appropriate immigration authorities, upon reasonable request, truthful and complete documentation describing the job duties, salary, benefits, and business justification for the employment offer, and shall cooperate in good faith with any interview or verification process.

3. APPLICANT’S REPRESENTATIONS AND OBLIGATIONS

3.1 Representations. Applicant represents and warrants that all information provided to Petitioner and to immigration authorities in connection with this Agreement is true, complete, and accurate to the best of Applicant’s knowledge, and that Applicant will disclose any material change in circumstances that may affect eligibility for a waiver.

3.2 Compliance. Applicant shall comply with all applicable laws, regulations, and program requirements while pursuing a waiver and during any period of authorized employment pursuant to this Agreement.

4. REIMBURSEMENT, INDEMNITY AND REMEDIES

4.1 Reimbursement. If Applicant obtains immigration benefits based on materially false representations or otherwise contravenes this Agreement such that Petitioner sustains verifiable costs, Applicant agrees to reimburse Petitioner for reasonable, documented costs and expenses directly resulting from such misrepresentation or breach.

4.2 Indemnity. Each Party shall indemnify, defend and hold harmless the other Party from and against claims, liabilities, penalties, fines, and losses (including reasonable attorneys' fees) arising from that Party's breach of this Agreement, willful misconduct, or material misrepresentation.

5. CONFIDENTIALITY

5.1 Confidential Information. The Parties acknowledge that certain information exchanged in connection with the waiver request is confidential and proprietary. Each Party shall maintain the confidentiality of such information except as required by law or as necessary to effectuate the waiver request or to comply with legal or regulatory obligations.

6. NOTICES

Notices shall be given in writing and shall be deemed delivered when personally delivered, when sent by nationally recognized overnight courier, or three (3) business days after deposit in the United States mail, postage prepaid, certified mail, return receipt requested, to the addresses specified above or to such other address as a Party designates by notice in accordance with this Section.

7. AMENDMENTS, WAIVER, COUNTERPARTS

7.1 Amendments. This Agreement may be amended only by a written instrument executed by both Parties.
7.2 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the Party waiving compliance. Failure to enforce any provision shall not constitute a waiver of future enforcement.
7.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument.

8. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state in which Petitioner’s principal place of business is located, without regard to conflict of law principles.
8.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written.
8.3 Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect and the Parties shall negotiate in good faith a substitute provision that most nearly effects the Parties' intent.

9. MISCELLANEOUS PROVISIONS

9.1 Cooperation with Authorities. Each Party agrees to cooperate reasonably and in good faith with any requests from immigration or other governmental authorities relating to the waiver petition, including providing sworn statements or supporting documents.
9.2 No Guarantee of Outcome. The Parties acknowledge that Petitioner’s commitments herein do not guarantee that a waiver will be granted by immigration authorities, and that all decisions remain within the discretion of the appropriate government entities.

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