J-1 Waiver: Grounds, Application and USCIS Decision

What Is a J-1 Waiver?

A USCIS exemption from the J-1 Visa two-year home-country physical presence requirement under INA § 212(e).

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The Five Bases

You apply under one applicable basis for a recom­men­da­tion from the State Department's Waiver Review Division.

• No Objection Statement: your home government states that it has no objection.
• Interested U.S. Government Agency: a federal agency requests a waiver because your departure would harm its interest in your project.
• Persecution: you would face persecution because of race, religion or political opinion if you returned home.
• Exceptional Hardship: your departure would cause exceptional hardship to your US-citizen or lawful-permanent-resident spouse or child.
• Conrad State 30: a designated state public health department requests a waiver for an eligible physician who undertakes qualifying medical service.

Source: 8 U.S.C. § 1182(e): INA § 212(e) · Department of State: Eligibility for a J-⁠1 Visa Two-Year Requirement Waiver

From Application to Decision

Complete DS-3035 online, then mail the printed application with its barcode, copies of all your DS-2019/IAP-66 forms and the fee as instructed. Required supporting documents depend on your basis; some must come directly from government bodies.

For persecution or exceptional hardship, you also file Form I-612 with USCIS. The Waiver Review Division proceeds only after USCIS finds persecution or exceptional hardship. It forwards its recom­men­da­tion to USCIS, which approves or denies the waiver.

Source: Department of State: Apply for a J-⁠1 Visa Two-Year Requirement Waiver

What a Waiver Is Not

An advisory opinion determines whether you are subject to the two-year rule. A waiver instead seeks relief from that requirement. Neither a No Objection Statement nor a favorable State Department recom­men­da­tion is the final waiver.

A waiver does not itself approve a Change of Status. That requires a separate USCIS request and approval, subject to the applicable eligibility rules.

Source: Department of State: Eligibility for a J-⁠1 Visa Two-Year Requirement Waiver · Department of State: Apply for a J-⁠1 Visa Two-Year Requirement Waiver · USCIS: Change My Nonimmigrant Status · 8 U.S.C. § 1258 (INA § 248): Change of nonimmigrant clas­si­fi­ca­tion

FAQs

Is separation from my family enough for exceptional hardship?

No. The State Department expressly says that mere separation is not sufficient.

Source: Department of State: Eligibility for a J-⁠1 Visa Two-Year Requirement Waiver

When do I actually have a waiver?

When USCIS informs you that it has approved it, not when the State Department sends its recom­men­da­tion.

Source: Department of State: Apply for a J-⁠1 Visa Two-Year Requirement Waiver

The Bottom Line

You need an applicable legal basis, the required supporting documents and USCIS approval. A recom­men­da­tion alone does not waive the two-year rule.

Related Terms

• 
  Two-Year RuleSome J-1 participants must spend two years in their home country before getting an H or L visa or a green card.
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  No Objection StatementYour home government's statement that it has no objection to a waiver of the J-1 Visa two-year home-country physical presence requirement.
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  Change of StatusUSCIS approval to move from one nonimmigrant status to another while you remain in the United States.
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  USCISU.S. Citizenship and Immigration Services, the agency that decides J-1 Visa stay extensions, status changes, waivers and J-2 work authorization.
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  DS-2019The Certificate of Eligibility your J-1 sponsor issues. You need it to apply for your visa.
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Sources

1. 8 U.S.C. § 1182(e): INA § 212(e)
2. Department of State: Eligibility for a J-⁠1 Visa Two-Year Requirement Waiver
3. Department of State: Apply for a J-⁠1 Visa Two-Year Requirement Waiver
4. USCIS: Change My Nonimmigrant Status
5. 8 U.S.C. § 1258 (INA § 248): Change of nonimmigrant clas­si­fi­ca­tion