J-1 visa holders in the U.S. subject to the two-year home residency requirement can seek a waiver from the government. Eligibility is based on various factors such as participation in government-funded programs or possessing specialized skills. Waivers can be sought under categories like no objection statements, requests by U.S. agencies, persecution, exceptional hardship, or the Conrad state 30 program. This guide covers all aspects of J-1 visa waivers.

J-1 Visa Home Residency Obligation

The purpose of fulfilling the requirement to return home not only complies with visa conditions but also aims to share the new knowledge and skills acquired by the exchange visitor with their compatriots. This doesn’t imply that the foreign national is restricted from traveling freely, but rather that they may not be eligible for another U.S. visa during that period. The two-year obligation does not have to be consecutive.

A common inquiry among foreign nationals with or seeking a J-1 visa is whether they are bound by the two-year home-country physical presence requirement. While it appears that most J-1 visitors must return to their home country for at least two years, the following three bases determine whether the exchange visitor is subject to this condition:

1. Government-sponsored exchange programs: The exchange visitor is involved in a program financed by either a U.S. government agency, the government of their home country, or an international organization that previously received funding from either the U.S. government or the visitor’s home country’s government.
2. Specialized expertise or skill: The exchange visitor is engaged in a program related to a field or area of study where specialized knowledge is considered crucial for the advancement of their home country.
3. Postgraduate medical education or training: The exchange visitor is enrolled in or participating in a program designed specifically for advanced medical education or training at the graduate level.

What Does the J-1 Two-Year Physical Presence Obligation Entail?

Certain holders of J-1 visas must go back to their home country for a period of two years after completing their exchange program. This regulation, referred to as the “two-year home-country physical presence requirement,” was established to guarantee a genuine cultural or intellectual exchange following the expiration of the J-1 student visa.

Who is Eligible for the J-1 Visa Waiver?

To waive the requirement, the beneficiary must meet one of five potential “bases for recommendation of a waiver.”

Federal Agency Request:

If the beneficiary is engaged in a project for a U.S. federal agency, the head of the agency or a designated official may submit a waiver request to the State Department’s Waiver Review Division. The agency must demonstrate that the project would be adversely affected if the beneficiary returned to their home country.

State Public Health Department Request:

If the beneficiary obtained their visa based on graduate medical training, a designated State Public Health Department may submit a waiver request on their behalf. Certain conditions must be met:

• They must have a full-time job offer as an H-1B nonimmigrant visa holder at a hospital situated in a Health Professional Shortage Area (HPSA), Medically Underserved Population (MUP), or Medically Underserved Area (MUA).
• They must commit to commencing work within 90 days of being granted the waiver.
• They must agree, in writing, to work 40 hours a week for at least 3 years.

No Objection Statement:

If the home country does not object to waiving the two-year physical presence requirement, they may issue a “No Objection Statement.” This statement indicates:

• Approval for the J-1 visa holder to remain in the U.S. after completing their exchange program.
• No objection to the beneficiary adjusting status to permanent resident.

The statement should be sent by the home-country government to the Waiver Review Division via their embassy in Washington D.C. Alternatively, a designated ministry in the home country may send the statement to a local U.S. Embassy or consulate.

Persecution:

If the J-1 visa holder fears persecution upon returning to their home country, they may apply for a waiver on this basis. The applicant must demonstrate potential persecution based on:

• Race
• Religion
• Political opinion

Applicants pursuing this option must complete Form I-612 (“Application for Waiver of the Foreign Residence Requirement”), with a filing fee of $1100.

Exceptional Hardship:

If the two-year physical presence requirement would cause exceptional hardship for a permanent resident (or U.S. citizen) spouse or child, the beneficiary may request a waiver. Mere separation is insufficient; genuine hardship must be demonstrated.

Similar to persecution waivers, applicants must submit Form I-612 to pursue this option, as discussed in the following section.

J-1 Waiver Guide

J-1 visa holders and their dependents (J-2 spouse or children) are required to utilize the Application for Waiver of the Foreign Residence Requirement (Form I-612) to request the U.S. government to waive the two-year home-country physical presence requirement. Guidance for completing the I-612 form can be found on the United States Citizenship and Immigration Services (USCIS) webpage. The filing fee for Form I-612 is $930.

Step 1: The initial step entails the applicant’s completion of the J Visa Waiver Recommendation Application (Form DS-3035) online. This online submission is mandatory, as alternate versions submitted will be returned to the applicant along with their fee. Other crucial points to note include the following:

• SEVIS Numbers should consist of 10 zeros. Subject Field Codes, as indicated on IAP-66 forms, are prefixed by double zero (00) followed by the four-digit Subject Field Code number. For instance, 00.2546.
• First Entry Date: Individuals who entered the U.S. on a J visa before February 1, 1999, should input February 1, 1999.
• J-2 spouses and children must be included as requested.
• Alien Registration Numbers are no longer mandatory for processing, hence can be omitted.
• I-94 Numbers are also no longer required and can be skipped.
• The online Form DS-3035 with the barcode should be printed in black and white, not color.

Upon completion of the online form, a barcode will be generated, and the applicant will promptly receive a waiver case number along with additional instructions, including the mailing address where the applicant must send their application packet.

Step 2 involves the applicant mailing their waiver application and fee, which should include:

• The completed Form DS-3035 with the barcode generated from the online application.
• Copies of all Forms DS-2019 or IAP-66 previously issued to the applicant.
• Two self-addressed and stamped envelopes (legal-size).
• The application fee.

Step 3: In addition to submitting the above documents, the applicant must then submit his or her 

Search
Waiver Basis	Organization (Third Party)
No Objection Statement	Your home country’s government
Request by an Interested U.S. Federal Government Agency	Interested U.S. federal government agency
Persecution	USCIS
Exceptional Hardship to a U.S. Citizen (or lawful permanent resident) spouse or child	USCIS
Request by a Designated State Public Health Department or its Equivalent (Conrad State 30 Program)	Designated State Public Health Department or its Equivalent

Applicants should keep in mind that all supporting evidence relevant to their case must be submitted by themselves, as documents provided by any third party will not be considered. Furthermore, the Waiver Review Division does not correspond with applicants regarding any missing supporting documents.

Step 4: After the first three steps are complete, and after about one month of submitting the waiver application, applicants should check their waiver request status on the J-1 Visa Waiver Online webpage. 

Initially, select the “Check the status” button, followed by entering the case number. The system will show whether the US Department of State (DOS) has received the applicant’s DS-3035 online application, their fee, and supporting documents. Moreover, it will also display any missing required documents, if applicable. The applicant will require their seven-digit case number to check the status of their application.

Step 5 involves applicants submitting any supplementary information or evidence requested by the Waiver Review Division.

Step 6: Wait for the waiver application to be processed.

The duration for processing the J-1 visa waiver application varies depending on the grounds for the waiver request. Once the applicant’s file is comprehensive, including receipt of their waiver application, processing fee, a copy of their DS-2019/IAP-66 form, all necessary documents, and supporting evidence, the processing time commences. The subsequent list provides an overview of the typical time frames for J-1 visa waiver applications:

Here are the estimated processing times for various types of J-1 visa waiver applications:

• No Objection Statement: 12 to 16 weeks
• Request from a U.S. Federal Government Agency: 8 to 12 weeks
• Persecution: 12 to 16 weeks
• Exceptional Hardship: 36 to 52 weeks
• State Public Health Department (Conrad State 30 Program): 12 to 16 weeks
• Advisory Opinion: 4 to 8 weeks

For expedited processing, inquiries should be sent to 212ewaiver@state.gov.

Expedited processing of J-1 Visa waiver applications is designated for exceptional cases involving urgent humanitarian needs or a U.S. government agency’s interest in the applicant and their work. Waivers may only be requested by the applicant, their legal representative, or a congressman.

Step 7 involves the DOS Waiver Review Division issuing their recommendation, which is then forwarded to USCIS for the final determination. Additionally, the Waiver Review Division will provide the applicant with a copy of their recommendation, whether it is favorable or unfavorable.

Upon USCIS’s final decision, the applicant will receive notification by mail regarding the approval or denial of their waiver application. It is crucial to emphasize that once DOS forwards its recommendation to USCIS, the applicant must reach out to USCIS to check their application status. Additionally, applicants must adhere to the home-country presence requirement until USCIS grants the waiver.

It should be noted that any documents submitted in a language other than English must be accompanied by a complete English translation. Furthermore, the translator must provide certification verifying the accuracy and completeness of the translated documents and affirming their competence to translate from the foreign language to English.

Another important reminder is for applicants to sign all forms, as the processing agency will reject unsigned forms.

Frequently Asked Questions (FAQs) About the J-1 Visa Waiver Application

Summary of J-1 Visa Waiver Application Guide

J-1 visa waiver cater to foreign nationals engaged in or have participated in an exchange program within the United States but are unable to return to their home country due to persecution, exceptional hardship, participation in the Conrad state 30 program, or they have obtained a no-objection statement, or if a U.S. government agency has expressed interest in the exchange visitor and their work.

Here are the summarized steps for J-1 visa holders seeking a waiver from the two-year home-country physical presence requirement:

1. Complete Form DS-3035 online.
2. Mail the waiver application and fee.
3. Provide all supporting evidence.
4. Submit any additional information requested by the Waiver Review Division.
5. Check the status of their waiver request.
6. Await the processing of the waiver application.
7. Receive a copy of the Waiver Review Division’s recommendation, followed by notification of waiver approval or denial from the USCIS.