1. The
J1
Waiver Process at DOS and USCIS
There are a variety of methods for applying for a J-1 waiver, depending on the
facts of the particular case of the J1 visa holder, but all J1 waiver requests are processed through the
DOS, and it is up to the DOS to issue a J1 waiver recommendation to USCIS. The actual
decision on the waiver then comes from USCIS. A
waiver of the home residency requirement may be difficult to obtain and
always requires a significant amount of time to process. Therefore, one must
plan ahead and assure the waiver request is not inconsistent with your
nonimmigrant visa extension or application.
The J-1 waiver has evolved into a time-consuming process. The typical
interested government agency case can take up to 9 months to adjudicate.
Once the case reaches the DOS, processing times for interested government
agency waivers are estimated about 4.5 months, and the exceptional hardship waivers are estimated
about 8
months. If the DOS recommends a waiver, most USCIS Service Centers will take
about 3 - 4 months to issue the final waiver approval.
A waiver request based on either the sponsorship of an interested government agency or a “no objection” statement by the government of the
country of his or her nationality involves submission
of that statement together with the alien’s other
supporting documents. A waiver request based on other U.S. government agency sponsorship,
State health department request, or a “no objection” letter may only be
filed with the Department of State’s Waiver Review Division.
A waiver application based on either an
exceptional hardship or persecution claim must be filed on Form I-612
(Application for Waiver of the Foreign Residence Requirement). The I-612 must be accompanied by the
supporting documentation described on the form and the fee. A waiver application on Form I-612 should be
properly filed at an USCIS Service Center where the applicant is residing.
2. The
Verification the Applicant's Two-Year Home Residence Requirement at
DOS and USCIS
Before proceeding to adjudicate the application, DOS and/or USCIS officers will verify that
the applicant is indeed subject to the two-year home residence requirement, and will
not assume that the alien is subject to the requirement just because he or she
is filing the waiver application or even because another officer so indicated
during a prior proceeding on the DS-2019 form.
If the applicant is found to be subject to the requirement, the DOS and/or USCIS
officers
will check records indicating that an applicant may have resided in the country
of nationality or last foreign residence for at least two years following the termination of the exchange visitor program, and seek information about the
length of such residence. If the applicant is not found to be subject to the requirement,
DOS and/or USCIS will
reject the application and inform the applicant in writing of the basis of the
determination, together with instructions concerning application for permanent
resident status or change of nonimmigrant status, if appropriate.
3. The Online J1 Visa Waiver Recommendation
Application
Certain exchange visitors are subject to the two-year foreign residence requirement of Section 212(e) of the Immigration and Nationality Act.
DOS now allows exchange visitors desiring a waiver of 212(e) to reserve a case number and begin the paperwork for their request to the Department of State Waiver Review Division for a waiver recommendation. The exchange visitor or representative controls the data entry to ensure an error-free submission.
J1 Visa Waiver Online creates a bar-coded document that will facilitate processing by the Waiver Review Division. As a result, processing times will be reduced. Those exchange visitors with case numbers can submit changes to their contact information or check the status of their case file.
The Online J Visa Waiver Recommendation Application, Form DS-3035 must be used.
No other version of the DS-3035 will be accepted. Upon completing the Form DS-3035 online, your information will be downloaded into a barcode and you will be issued immediately a waiver case file number and further instructions.
Once you have completed this online form, you must print and mail your DS-3035 application with barcode and payment as explained below: Please note that the barcode must be printed in black and white only.
4. The Fee and Estimated Processing Time of J1 Waiver
According to Department of
State, regardless of the
type of waiver request, the cost of processing is the same. The agency
has set the fee, based on its calculation of the per unit cost of
processing waiver requests. The Department of
State charges
a fee to cover the cost of processing waivers of the two- year home country
requirement imposed on certain J-1 visa holders.
The processing times at the Department of State Waiver Review Division
will vary depending on the type of application you have submitted. The times given below are estimates only from the date of receipt of
All Documentation necessary to adjudicate the
application:
No Objection .................……................................6 to 8 weeks
Interested U.S. Government Agency.......................4 to 8 weeks
State Department of Health..…..............................4 to 6 weeks
Exceptional Hardship.......................…..................3 to 4 months
Fear of Persecution.........................…..................3 to 4 months
Advisory Opinions.................................................4 to 6 weeks
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