Frequently Asked Questions about J-1 Waivers

• Types of J-1 Waivers
• Application Procedure
• No Objection Statements
• Interested U.S. Government Agencies
• Claims of Persecution
• Exceptional Hardship

 

Types of J Waivers

For what reasons can I waive the two-year home residence requirement?

There are five reasons under the statute that would allow you to waive the two-year foreign residence requirement:

• You receive a no objection statement from your host government;
• An interested U.S. Government agency requests a waiver on your behalf;
• You would be persecuted if you return to your country of residence;
• Your return to your home country would cause exceptional hardship to a U.S. citizen or your permanent resident spouse or child; or,
• A designated State health agency or its equivalent requests a waiver for you.

How do I find my case number?

The case number is at the top portion of the letter you will receive after you have submitted your Data Sheet application and the processing fee. The letter will explain the procedures and documentation necessary for your waiver review request. If there were prior applications, the case number remains the same no matter how long the case history becomes.

Application Procedure

How do I get a copy of the Visa Waiver application?

You can get a copy of the Visa Waiver Application from the State Department's website.  More information on the J-1 waiver process is available at State Department's J-1 Waiver page.

What is the procedure for applying for a waiver?

There are four steps to processing a waiver review application.

STEP 1. You must complete and send a Data Sheet application (the DS-3035), two self-addressed, stamped, legal-size envelopes (S.A.S.E) and a cashier's check or money order for $230 U.S. dollars per application, payable to the U.S. Department of State's Waiver Review Division.

STEP 2. Once the Waiver Review Division has received your Data Sheet application, they will use your self-addressed, stamped, legal-size envelopes, to send you a case number and instruction sheet on how to proceed with your application. This information will include a list of documents that you must submit to complete your waiver review application. After you have received your case number, you must write the full case number on any documentation you submit as well as on the outside envelope of all future correspondence with this office, or the documents you submit will be returned to you.

STEP 3. It is your responsibility to submit all requested documents and required letters sent on your behalf. Once the State Department sends you the check list of items necessary to complete the review of your application (Step 2 above), it will be your responsibility to ensure that your file is complete. You may check on the status of your application by calling (202) 663-1600, or online through the J-1 Waiver Status Website.  You must have your full case number to check the status of your case.

STEP 4: At the conclusion of the review process, the Waiver Review Division will forward its recommendation directly to the Bureau of Citizenship and Immigration Services in the Department of Homeland Security and you will receive a copy of that recommendation at the address listed on your data sheet. If your application is denied, you will be notified directly.

No Objection Statements

How do I request a "no objection" statement?

You may contact the consular section of your embassy in Washington, D.C., and request a "no objection" statement to be forwarded to the Department of State on your behalf.  Your government must state that it has no objection to you not returning to your home country to satisfy the two-year foreign residence requirement of Section 212(e) of the Immigration and Nationality Act, and remaining in the United States if you choose to do so.

Where do I send the "no objection" statement?

Your Embassy must forward the "no objection" statement directly to the Waiver Review Division at the Department of State.

When in the application process should I request a "no objection" statement?

You may request a "no objection" statement only after you have submitted your data sheet and fee, and received an information packet from the Waiver Review Division of the Department of State.

What if I can not get a "no objection" statement from my former country of residence?

You may apply for a waiver based on any of the remaining reasons under the statute.  If none of the other bases applies to your situation, you must return home to fulfill the foreign residence requirement.

Can anyone apply for a waiver based upon "no objection" from the host country?

No. Foreign medical graduates sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG) to do their clinical training cannot apply for a waiver based on a "no objection" statement.

Why are foreign medical graduates ineligible to apply for a waiver based on a "no objection" statement from their government?

Congress passed a law imposing the two year home residency requirement on all physicians in J-1 status for the purpose of receiving graduate medical education or training.  Before their medical training under the sponsorship of the Educational Commission for Foreign Medical Graduates (ECFMG), their country must provide a letter of need attesting to that country's requirement for trained physicians. The law made physicians ineligible to apply for a J-1 waiver of this home residency requirement based on a "no objection" statement from their government.

How can I be sure that the State Department has received the "no objection" statement?

You can ask your embassy if they have sent the "no objection" statement to the Waiver Review Division. The Waiver Review Division will not notify you when a "no objection" letter has been received on your behalf.

My "no objection" statement application was denied. Can I ask for reconsideration?

No. Waiver applications are exhaustively considered, and it is the policy of the Waiver Review Division not to reconsider "no objection" statement applications once a final determination has been made. You may, however, reapply using another statutory basis for waiver should another one apply to your situation.

Interested U.S. Government Agencies

What is required for a waiver based on an interested U.S. Government agency (IGA) application?

To receive an IGA waiver, you need:

1) A letter from the designated official of the interested U.S. Government agency, explaining why granting such a waiver is in the public interest of the United States and why it would be detrimental to the agency if you return to your home country to fulfill the two-year requirement;

2) all DS-2019/IAP-66 forms;

3) the data sheet application; and,

4) two self-addressed stamped envelopes.

Which U.S. Government agencies apply for waivers on behalf of exchange visitors?

In the past the waiver office has received requests from the following agencies:

• Department of Education for teachers/professors,
• Department of Health and Human Services for medical researchers, pharmacy research, post-pediatrics/endocrinology researchers,
• Department of Energy for physicists working in the fields of mineral/metallurgical engineering, nuclear engineering, treatment and disposal of radioactive wastes,
• Department of Defense for workers in the fields of computers, economics or electrical engineering,
• National Aeronautics and Space Administration for workers in air/space fields,
• Department of Interior for environmental specialists and civil engineers,
• Department of Transportation for workers in the fields of chemical/civil engineering, aviation and
• National Science Foundation for physicists, atmospheric earth scientists, economics specialists, and specialists in science education.

For information on obtaining an IGA waiver as a physician, see our FAQs about J-1 Waivers for Doctors.

Claims of Persecution

How do I apply for a waiver based on my fear of persecution if I were to return to my home country?

To obtain a waiver of the J-1 home residency requirement based on persecution, you apply directly to the USCIS on Form I-612. If your waiver is granted, USCIS will notify you directly.

Do I need to send anything to the State Department's Waiver Review Division for a waiver based on persecution?

No, you do not need to send anything to the State Department.

Can I apply for a waiver based both on my fear of persecution and the exceptional hardship that my having to return to my home country would cause my family?

No. Persecution claims should not be intertwined with claims of exceptional hardship.

How can I check on the status of my application based on fear of persecution?

You may call 202-663-1600. If additional documentation is needed, the Waiver Review Division will contact you directly. When a final determination has been made, you will be notified. Until you hear from the Waiver Review Division, therefore, the status of your case is considered "open." You should make whatever plans you need to make regarding your work, life in the United States or return to your home country on the assumption that you will not be recommended for a waiver.

Claims of Exceptional Hardship

How do I apply for a waiver based on the exceptional hardship my family members will face if I must return to my home country?

The extreme hardship must be to a family member (spouse or child) who are U.S. citizens or permanent residents.  This waiver application is filed directly to the USCIS on Form I-612.

Do I need to send anything to the State Department's Waiver Review Division for a waiver based on exceptional hardship?

No, you do not need to send anything to the State Department.

Can I apply for a waiver based both on the exceptional hardship that my having to return to my home country would cause my family and my fear of persecution?

No. Persecution claims should not be intertwined with claims of exceptional hardship.

How can I check on the status of my application based on exceptional hardship?

You may call 202-663-1600. If additional documentation is needed, the Waiver Review Division will contact you directly. When a final determination has been made, you will be notified. Until you hear from the Waiver Review Office, therefore, the status of your case is considered "open." You should make whatever plans you need to make regarding your work, life in the United States or return to your home country on the assumption that you will not be recommended for a waiver.