Waiver of the J Visa Two-Year Foreign Residence Requirement, 212(e)
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Q. How do I request a "no objection" statement and where do I send it?
A. 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. The Embassy must forward the "no objection" statement directly to the Waiver Review Division at the Department of State.
Q. When in the application process should I request a "no objection" statement?
A. Once you have your case number.
Q. What if I cannot get a "no objection" statement from my former country of residence?
A. You may apply for a waiver in any of the remaining statutory bases. If none of the other bases applies to your situation, you must return home to fulfill the foreign residence requirement.
Q. Can anyone apply for a waiver based upon "no objection" from the host country?
A. 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.
Q. Why are foreign medical graduates ineligible to apply for a waiver based on a "no objection" statement from their government?
A. In accordance with Public Law 94-484, exchange visitor physicians who are admitted to the U.S. in exchange visitor status, or who acquire such status after admission on or after January 10, 1977, for the purpose of receiving graduate medical education or training are subject to the two-year foreign residence requirement of Section 212(e) of the IN
A. 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. Therefore, the exchange visitor physicians are not eligible to apply based on "no objection" statements.
Q. How can I be sure that you have received the "no objection" statement?
A. You can ask the embassy from which you requested the "no objection" statement if it has been sent to the Waiver Review Division. The Waiver Review Division unfortunately does not have the resources to notify each applicant when a "no objection" letter has been received on his/her behalf.
Q. What do I do if my waiver application based on "No Objection" is taking longer than the processing time?
A. You can send a letter by fax to the Public Inquiries Division requesting the status. It is possible that the case is problematic. The case could be missing documents or the applicant could not be reached at the last known address.
Q. My "no objection" statement application was denied. Can I ask for reconsideration?
A. 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
Q. What is required for a waiver based on an Interested U.S. Government agency (IGA) application?
A. Submit the following to the Waiver Review Division:
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 U.S. and why it would be detrimental to the agency if the exchange visitor returns to the home country to fulfill the two-year requirement
A completed Form DS-3035
Copies of all DS-2019/IAP-66 forms, and
Two (2) self-addressed, stamped, legal-sized envelopes.
Q. If I am an exchange visitor physician and I plan to work in an underserved area in the U.S., what must be presented to obtain a waiver based on an interested U.S. Government agency application?
A. You will need to submit the following to the Waiver Review Division :
Completed Form DS-3035
Processing fee - cashier's check or money order for $215
Copies of all DS-2019 /IAP-66 forms
Curriculum vitae
Physician statement-A statement signed by the physician that should read as follows:
"I,__________(name of exchange visitor) hereby declare and certify, under penalty of the provisions of 18USC.1101, that: (1) I have sought or obtained the cooperation of_______(enter name of U.S. Government agency which will submit/is submitting an IGA request on behalf of the exchange visitor to obtain a waiver of the two-year home residence requirement); and (2) I do not now have pending nor will I submit another request to any U.S. Government department or agency or its equivalent, to act on my behalf in any matter relating to a waiver of my two-year home residence requirement." Statement must be signed and dated.
Form G-28 or letter from a law office if an attorney represents the applicant.
Two self-addressed, stamped, legal-size envelopes.
The Interested U.S. Government Agency will need to gather and send directly to the Waiver Review Division the following:
Letter of request from head of the agency, or designated official stating why it is in the public interest that the exchange visitor be granted a waiver of section 212(e) of the INA
Signed contract for no less than three years and 40 hours a week between physician and facility.
Evidence that the clinic/facility is located in a U.S. Department of Health and Human Services designated Health Professional Shortage Area (HPSA) or Medically Underserved Area (MUA).
"No objection" statement from the visitor’s government only in cases where the foreign government funding is involved.
Facility statement - A statement signed by the head of the facility at which the foreign medical graduate will be employed stating the facility is located in a designated HPSA or MUA area and provides medical care to both Medicaid and Medicare eligible patients, and indigent uninsured patients. The statement should also include the Federal Information Processing Standards county code and census tract or block numbering area number (assigned by the Bureau of Census) or the 9-digit zipcode of the area where the facility is located.
Evidence that unsuccessful efforts were made to recruit an American physician for the position (medical journal advertisements; labor certification or language in cover letter stating efforts to recruit an American physician have been unsuccessful).
Department of Veterans Affairs requests on behalf of J-1 physicians to serve in VA hospitals:
VA hospitals do not have to be in an underserved area
Must include a memorandum of agreement between physician and a hospital in lieu of three-year contract.
For quicker processing of the waiver application, the interested U.S. Government agency may submit both its and the applicant's required documentation together. Please note the CORRECT ADDRESS to send the documentation.
Q. Which U.S. Government agencies can apply for the waiver on behalf of foreign medical graduates?
A. Appalachian and Delta Regional Commissions, Department of Health and Human Services, Department of Veterans Affairs and Department of Interior for Indian Reservations. Foreign medical graduates may also apply through an individual State's department of health that participates in the Conrad State 30 program.
Q. Which U.S. Government agencies apply for waivers on behalf of exchange visitors? Who are the contact persons at these Interested Government Agencies?
A. Please refer to the list of designated points of contact for IGA’s .
Q. What do I do if my waiver application based on "Interested Government Agency (IGA)" is taking longer than the processing time?
A. The IGA can contact the Public Inquiries Division requesting the status via fax 202 663-3899. There is a government telephone line available.
Claims of Persecution
Q. How do I apply for a waiver based on my fear of persecution if I were to return to my home country?
A. Apply directly to the USCIS on Form I-612. Also apply to the Department of State on Form DS-3035. Please note you will need to apply to both USCIS and the Department of State.
Q. When do I submit my DS-3035 and processing fee to the Department of State, Waiver Review Division?
A. You may submit your application and processing fee prior to submitting I-612 to USCIS or after USCIS has acted favorably on your I-612.
Q. Do I need to send anything, in addition to USCIS submission to the Waiver Review Division?
A. No, unless requested by the Waiver Review Division.
Q. 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?
A. No. Persecution claims should never be intertwined with claims of exceptional hardship.
Q. How can I check on the status of my application based on fear of persecution?
A. This is not necessary and we unfortunately do not have the resources to answer these inquiries. We will contact you if we need any additional information and we will notify you of our final determination. Until USCIS notifies you of an approved waiver, you must consider yourself without a waiver of the 212(e) home-residence requirement and act accordingly. You should make whatever plans you need to make regarding your work, life in the U.S. or return to your home country on the assumption that you will not/not be recommended for a waiver. Thus it is important to inform us of any change of address .
Q. What do I do if my waiver application based on a fear of persecution is taking longer than the processing time?
A. The Division requests investigations and studies of the issues claimed in the case. Therefore, the Division relies on information conducted from the overseas investigation and study. If there is government or international funding involved, the Division must request views from the sponsor, as well. The Division must receive the views and information before rendering a decision. Therefore, Persecution cases may take longer. You can contact the Public Inquiries Division requesting the status via fax 202 663-3899.
Q. My application based on fear of persecution was denied by USCIS. Can I ask for reconsideration?
A. 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.
Claims of Exceptional Hardship
Q. How do I apply for a waiver based on the exceptional hardship that my American citizen or permanent resident family members face if I must return to my home country?
A. Apply directly to the USCIS on Form I-612. Also apply to the Department of State on Form DS-3035. Please note you will need to apply to both USCIS and the Department of State.
Q. When do I submit my DS-3035 and processing fee to the Department of State, Waiver Review Division?
A. You may submit your application and processing fee prior to submitting I-612 to USCIS or after USCIS has acted favorably on your I-612.
Q. Do I need to send anything, in addition to USCIS submission to the Waiver Review Division?
A. No, unless requested by the Waiver Review Division.
Q. 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?
A. No. Persecution claims should never be intertwined with claims of exceptional hardship.
Q. How can I check on the status of my application based on exceptional hardship?
A. This is not necessary and we unfortunately do not have the resources to answer these inquiries. We will contact you if we need any additional information and we will notify you of our final determination. Until USCIS notifies you of an approved waiver, you must consider yourself without a waiver of the 212(e) home-residence requirement and act accordingly. You should make whatever plans you need to make regarding your work, life in the U.S. or return to your home country on the assumption that you will not/not be recommended for a waiver. Thus it is important to inform us of any change of address .
Q. What do I do if my waiver application based on "Exceptional Hardship" is taking longer than the processing time?
A. Please keep in mind that if medical issues are involved, the Division must request a medical opinion before rendering a decision. If government or international funding is involved, the Division must request views from the sponsor. Therefore, Exceptional Hardship cases may take longer. You can contact the Public Inquiries Division requesting the status via fax 202 663-3899.
Q. My exceptional hardship application was denied by USCIS. Can I ask for reconsideration?
A. 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 Department of State for its consideration.
State Health Agency Requests
Q. How do I apply for a waiver based on a request from a State health agency?
A. The applicant is responsible for gathering the following:
Completed form DS-3035
Processing fee: cashier's check or money order for $215
Copies of all DS-2019/IAP-66 forms
Curriculum vitae
"No objection" statement from the visitor’s government in cases in which foreign government funding is involved.
Form G-28 or letter from a law office if applicant has an attorney
Two self-addressed stamped, legal-size envelopes.
The State health agency must send directly to the Waiver Review Division the following documents:
A letter from the State health department’s designated official (designated by the state governor) which states it is in the "public interest" that the exchange visitor physician remain in the U.S. and includes the following:
Exchange visitor’s name
Country of last legal permanent residence
Name of medical facility
Address of facility
U.S. Department of Health and Human Services designated Health Professional Shortage Area (HPSA) ID number of medical shortage area
A letter from the facility that wishes to hire physicians.
Evidence that the facility is in a Health Professional Shortage Area (HPSA) or a Medically Underserved Area (MUA)
A signed contract for no less than 40 hours a week for three years between the facility and the physician, with signatures of physician and head of the facility.
For quicker processing, the State health agency may submit both its and the applicant's required documentation together. Please note the CORRECT ADDRESS to send the documentation.
Q. Can you tell me which areas have been designated underserved by the U.S. Department of Health and Human Services?
A. We do not have this information. Please contact the U.S. Department of Health and Human Services , the agency, which determines underserved areas.
Q. Who are the contact persons for each State Health Department?
A. Please refer to the list of designated points of contact for State Health Departments .
Q. What do I do if my waiver application based on "State Department of Health" is taking longer than the processing time?
A. The State Department of Health can contact the Public Inquiries Division requesting the status via fax 202 663-3899. There is a government telephone line available.
Extensions of J-1 Status
Q. How can I extend or change my status, or change programs?
A. The Program Designation Branch in the Bureau of Education, Cultural Exchanges and Academic Programs (ECA) handles J-1 extensions, category changes, and program transfers. You will need to contact them directly if you have further questions about one of these issues. They can be reached at 202-401-9810.
Q. How does an exchange visitor acquire an extension of the 30-day voluntary departure status?
A. You will need to contact USCIS for an extension of the 30-day, post-program, voluntary departure status period.
Q. How do I acquire an extension beyond the maximum limitation of stay of my exchange visitor program?
A. You will need to contact the responsible officer/alternate responsible officer at your institution concerning an extension.
Dependent Spouses and Children/J-2 Questions
Q. I am the J-2 spouse and/or child of a J-1 who is subject to the two-year home residence requirement. Am I subject also?
A. Yes. A J-2 is subject to the same requirements as a J-1.
Q. If the J-1 obtains a recommendation for waiver of the two-year home residence requirement, will that apply to the J-2 derivative applicants?
A. Yes, if the J-1 applies for and receives a favorable recommendation, members of the immediate family, if applicable, will be included.
Q. Can a J-2 apply independently from the J-1 for a waiver of the two-year home residence requirement?
A. In cases of death or divorce from the J-1, or when a J-2 child reaches age 21, the Waiver Review Division may entertain requests for waivers on behalf of the J-2. The Division will need a completed data sheet, DS-2019/IAP-66 forms of the J-1, divorce decree or death certificate, whichever is applicable, and, for a dependent son or daughter turning 21, a copy of his/her birth certificate.
Questions Concerning Permanent Residents of Canada
Q. I came to the U.S. from a country other than Canada on a J-1 visa, and after completion of my J program I moved to Canada and acquired landed immigrant status in Canada?
A. Which country am I subject to return to for my two-year residence requirement -- my former country of residence or my current one, Canada?
A. You are subject to return to your former country of residence. J-1 regulations stipulate that an exchange visitor is subject to the country of his/her legal permanent residence at the time that the visitor acquires the J-1 status. The visitor must return to his/her former country of residence in order to fulfill the two-year home residence requirement or he/she must receive a waiver of the requirement.
Processing Fee Questions
Q. Who must pay the processing fee?
A. Only the applicant must pay the processing fee, not the dependent spouse or children.
Q. How much is the processing fee and in what form must it be paid?
A. The fee is $215 and it must be paid in a U.S. currency cashier's check or postal money order drawn on a U.S. financial institution. The check should be made payable to "U.S. Department of State." For further information, please review the Fee Required for J Waiver Processing page .
Q. Where do I send the processing fee?
A. Follow the instructions on the Fee Required for J Waiver Processing page .
Q. At what point in the application process is the processing fee sent?
A. The fee should be sent with your completed form DS-3035 at the beginning of the application process.
Q. If I withdraw my application for a waiver recommendation, may I get a refund of my processing fee?
A. No. Processing fees are NOT refundable.
Q. If I have already applied for a waiver review once and been denied, do I have to pay the processing fee again if I reapply using a different basis for the waiver?
A. Yes. Once you have received a final determination on your application from the Waiver Review Division, any subsequent applications must be completely re-submitted, including the $215 processing fee.
Q. Should I fax or mail a copy of my form DS-3035 to the Waiver Review Division?
A. Absolutely not. If you mail or fax extra copies of the data sheet to the Waiver Review Division, it will not be processed. The Waiver Review Division will accept only the original form DS-3035 from the bank in St. Louis.
Q. Should I send the fee in several times just to make sure you've received it?
A. Absolutely not. If you do this, you are very likely to pay more than once for the same service since we will not be able to retrieve your duplicate payment and refund the money to you.
Processing Times
Q. How long should it take before I get a decision on whether you will recommend a waiver in my case?
A. See Estimated Processing Times
Status Inquiries
For all status inquiries, check your status online first!
Q. Where can I get information on the status of my application?
A. You can either use the J Visa Waiver Status Check website or you may send a fax to 202-663-3899.
We will contact you if we need any additional information and we will notify you of our final determination. Until USCIS notifies you of an approved waiver, you must consider yourself without a waiver of the 212(e) home-residence requirement and act accordingly. Inform us of any change of address .
Q. If I sent a fax or another document for my case, can I call and check to make sure that you have received it?
A. No. This is not necessary and we unfortunately do not have the resources to answer these inquiries. If you want confirmation that we have received a document, you will need to send it certified or registered mail.
Q. Should I send the fee in several times just to make sure that you've received it?
A. Absolutely not. If you do this, you are very likely to pay more than once for the same service since we will not be able to retrieve your duplicate payment and refund the money to you. All processing fees paid are non-refundable .
Q. Will I be notified by the Waiver Review Division that my application has been forwarded to USCIS?
A. Yes. You will receive a copy of the recommendation. Thus it is important to keep us informed of your current address. USCIS will make the final decision regarding the waiver application.
Q. If my application is denied, will I be notified of the reasons why?
A. Yes.
Q. If I come in person to the Visa Office in Washington, D.C., will someone be able to speak to me about the status of my case?
A. No. Please do not travel to Washington, D.C. for this purpose. The Visa Office unfortunately does not have an "in-person" information service.
Use the J Visa Waiver Status Check website to access your case status or send a fax to 202-663-3899.
Unless your case has been pending beyond the estimated processing time, there is no need to check on the status of your application. We will contact you if we need any additional information and we will notify you of our final determination. Until USCIS notifies you of an approved waiver, you must consider yourself without a waiver of the 212(e) home-residence requirement and act accordingly. Inform us of any change of address.
Q. Should I send a copy of my completed DS-3035 to the Waiver Review Division?
A. Absolutely not. The lock box in St. Louis will forward your DS-3035 to the Waiver Review Division. If you fax or mail additional copies of your DS-3035 to the Waiver Review Division, it will not be processed.
Q. When does the Waiver Review Division consider the application is complete?
A. The Waiver Review Division considers the application complete when the DS-3035, the user fee, any supporting documentation from third parties such as an Embassy, U.S. Interested Government Agency, State Department of Health or USCIS and copies of all DS-2019/IAP-66 forms are received by the office. At that time, the division can process the waiver.
Final Determinations of Waiver Applications
Q. After a favorable recommendation for a waiver is made and transmitted by the Waiver Review Division to the USCIS, what is the next step?
A. USCIS will make the final decision regarding the waiver and will contact the exchange visitor directly.
Q. Will I be notified by the Waiver Review Division that my application has been forwarded to USCIS?
A. Yes. You will receive a copy of the recommendation. Thus it is important to keep us informed of your current address .
Q. If my application is denied, will I be notified of the reasons why?
A. Yes.
Q. What is the reason most applications are denied?
A. Applications are denied because the reasons given for requesting the waiver do not outweigh the program and foreign policy considerations of the exchange visitor program. For this reason, "no objection" applications in Fulbright/USAID funded programs are generally denied.
Q. Is there an appeal process for denials/unfavorable recommendations for a waiver by the Waiver Review Division?
A. 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.
Q. What if I have new information that may affect my eligibility for a waiver recommendation? Can I just send that to the Waiver Review Division and ask for a reconsideration of my previously denied application?
A. If you have already received a final determination from the 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 $215 fee.
If your application is still pending with the Waiver Review Division and you have not yet received a final determination, you should send that information on to the Waiver Review Division for their consideration with your file. Please remember to write your waiver case number on any documentation you send and on the outside of the envelope. Please note the CORRECT ADDRESS to send the documentation.
Advisory Opinions
Q. What is an advisory opinion for a waiver recommendation case?
A. An advisory opinion is a request for a statement from the Waiver Review Division as to whether an exchange visitor is subject to Section 212(e) of the Immigration and Nationality Act, as amended.
Q. When should I request an advisory opinion?
A. You should only request an advisory opinion after you have participated in a J-1 program and you have doubts whether you are or are not subject to Section 212(e).
Q. Can anyone request an advisory opinion on my behalf?
A. Yes. Your attorney or your responsible/alternate officer may request an advisory opinion for you.
Q. What information should I include in my request for an advisory opinion?
A. You should mail legible copies of all your DS-2019/IAP-66 forms along with the written request for an advisory opinion. We do not recommend sending your request by fax because DS-2019/IAP-66 forms frequently become illegible during the fax process.
Q. Where do I send the request?
A. You should send your request to the following address:
U.S. Department of State
CA/VO/L/W, Visa Services
2401 E Street, NW, (SA-1)
Washington, DC 20522-0106
The request for an advisory opinion should be made by letter and must provide legible copies of all of the exchange visitor's DS-2019/IAP-66 forms for the entire time he/she was in J status. You should provide a self-addressed, stamped envelope for where you would like the advisory opinion sent.
Skills List Questions
Q. What is the Exchange Visitors Skills List?
A. The skills list is a list of occupations that are needed in the exchange visitor's home country.
Q. How does an exchange visitor determine if his/her country has a skills list?
A. The current skills list is published in the Federal Register, Volume 62, No. 11, January 16,1997 (pages 2448 to 2516). The 1972 skills list appeared in Vol. 37, No. 80, April 25, 1972, 8099-8117. The 1984 skills list appeared in Vol. 49, No. 114, June 12, 1984, 24194-24249. Amendments to the skills lists were published in the following Federal Registers: Vol. 43, No. 29, February 10, 1978, 5910-5912; Vol. 51, No. 189, September 30, 1986, 34701; Volume 52, No. 24, February 5, 1987, 37444; Volume 52, No. 53, March 19, 1987, 8700; Volume 53, No. 242, December 16, 1988, 50619; Volume 58, No. 143, July 28, 1993, 40466.
Q. Which country’s skills list applies to me?
A. The country of your last legal permanent residence where you obtained your J-1 visa applies to you.
Q. How do I determine if the funding I received for my program was government provided?
A. You should consult your program's responsible officer for assistance in making this determination.
Q. Does funding provided by an international organization make me subject to the two-year home residence requirement?
A. Yes.
Miscellaneous Questions
Q. Can I serve my two-year home residence requirement in the U.S. or a third country?
A. The period of time a former exchange visitor spends in the U.S. or a third country may count towards fulfillment of the two-year home residence requirement if the person is employed by his or her government in its military service or career foreign service and that person is serving in a country other than the home country at the behest of his/her government. Before the Department can determine that the individual has satisfied the foreign residence requirement, we require a written statement from an official of the home government (through the home-country's embassy in Washington, D.C.) that the individual was or will be serving in the U.S. or third country in the service of his/her home country and at that government's request.
Q. How do I know what my case number is?
A. If you applied for a waiver using J Visa Waiver Online , you will have received your case number at that time.
If you did not, the case number is at the top portion of the letter you receive after you have submitted Form DS-3035 and the processing fee. The letter explains the procedures and documentation necessary for your waiver review request.
Q. Do I keep the same case number even if I reapply?
A. Yes. The case number will remain the same notwithstanding any subsequent applications or advisory opinions.
Q. How do I get a copy of Form DS-3035?
A. Please use J Visa Waiver Online .
Q. Where can an exchange visitor obtain copies of his/her lost DS-2019/IAP-66 forms?
A. Your responsible officer or alternate responsible officer of the exchange visitor program in which you participated while on the J-1 visa should be able to supply you with a copy of your lost DS-2019/IAP-66 form.
Q. If I come in person to the Visa Office in Washington, D.C., will someone be able to speak to me about the status of my case?
A. No. Please do not travel to Washington, D.C. for this purpose. The Visa Office does not have an "in-person" information service. You may obtain your application's status online . If you need to speak to an officer about the waiver review process, you may contact the Public Inquiries Division at (202) 663-1225, or send a fax to 202-663-3899.
It is your responsibility to submit all requested documents and ensure that required letters are sent on your behalf. The Waiver Review Division will NOT follow up on documents that have not been received. Rather, it will be your responsibility to ensure that your file is complete. Until USCIS notifies you of an approved waiver, you must consider yourself without a waiver of the 212(e) home-residence requirement and act accordingly. You should make whatever plans you need to make regarding your work, life in the U.S. or return to your home country on the assumption that you will not/not be recommended for a waiver. Inform us of any change of address .
