Frequently Asked Questions about Decisions and Appeals for J-1 Waivers

• After a favorable recommendation for a waiver is made and transmitted by the State Department to the USCIS, what is the next step?

• Will I be notified by the State Department that my application has been forwarded to USCIS?

• If my application is denied, will I be notified of the reasons why?

• What is the reason most applications are denied?

• Is there an appeal process for denials or unfavorable recommendations for a waiver by the State Department?

• What if I have new information that may affect my eligibility for a waiver recommendation? Can I just send that to the State Department and ask for a reconsideration of my previously denied application?

• My exceptional hardship application was denied by USCIS. Can I ask for reconsideration?

• My application based on fear of persecution was denied by USCIS. Can I ask for reconsideration?

After a favorable recommendation for a waiver is made and transmitted by the State Department to the USCIS, what is the next step?

USCIS will make the final decision regarding the waiver and will contact you directly.

Will I be notified by the State Department that my application has been forwarded to USCIS?

Yes. You will receive a copy of the recommendation.

If my application is denied, will I be notified of the reasons why?

Yes, the denial will include a reason for denying your waiver request.

What is the reason most applications are denied?

Applications are denied because the reasons given for requesting the waiver do not outweigh the program and policy considerations of the J-1 program. J-1 Waivers involving U.S. government funding (such as Fulbright scholarships and USAID programs) are frequently denied. 

Is there an appeal process for denials or unfavorable recommendations for a waiver by the State Department?

There is an internal agency review process but there is no formal appeal process for the applicant. However, the visitor may be eligible to reapply based on another statutory ground, e.g. if the first application was based on a "no objection" statement from the applicant's home country and then reapplies based on an interested U.S. Government agency (IGA) request, a claim of exceptional hardship to a U.S. citizen or legal permanent resident spouse or child(ren), or based on a fear of persecution if the applicant is required to return to his/her home country.

What if I have new information that may affect my eligibility for a waiver recommendation? Can I just send that to the State Department and ask for a reconsideration of my previously denied application?

If you have already received a final determination from the State Department's Waiver Review Division that denies your request for a waiver recommendation, you will need to apply again from the beginning for a waiver recommendation. You can use this new information to support your reapplication. You will need to follow all of the procedures for reapplication that you followed for your first application, including paying the $230 fee.

If your application is still pending with the Waiver Review Division and you have not received a final determination yet, you should send that information on to the State Department's Waiver Review Division for their consideration with your file. Remember to write your waiver case number on any documentation you send and on the outside of the envelope. 

My exceptional hardship application was denied by USCIS. Can I ask for reconsideration?

Yes. Requests to reopen an exceptional hardship application are made through the USCIS. If USCIS determines the new information warrants a reopening of the case, USCIS will forward a new Form I-612 application to the State Department for its consideration.

My application based on fear of persecution was denied by USCIS. Can I ask for reconsideration?

Yes. Requests to reopen persecution applications are made through the USCIS. If the USCIS determines that new information warrants reopening of the case, USCIS will forward a new Form I-612 application to the Department for its consideration.