We provide the professional
and comprehensive on-line immigration law library...
We are dedicated to provide
all aspects of US immigration services and counseling...
We are committed to educating those interested in learning U.S immigration laws ...Read More
Exchange visitors who are subject to the two-year foreign residency requirement of Section 212(e) of the Immigration and Nationality Act (INA), may be able to waive this requirement if they meet certain conditions. The USCIS will grant a waiver upon a favorable recommendation from the Department of State (DOS). There is a four-step process to obtain a DOS recommendation:
Applicant submits a Data Sheet to the DOS Waiver Review Division with two stamped self-addressed envelopes and the appropriate fee.
DOS sends the case number and instruction sheet for the waiver to the applicant.The instruction sheet will depend upon the type of waiver indicated on the Data Sheet.
For persecution and hardship waivers, the next step is filing Form I-612 (Application for Waiver of the Foreign Residency Requirement) with USCIS. If the USCIS grants the I-612, it then transmits the information to the DOS. For the other categories, the next step is an application to the agency or to the foreign government, as described below.
DOS reviews the application and forwards the recommendation to USCIS with a copy to the applicant and J-1 Sponsor. If the USCIS grants the persecution or hardship waiver it then transmits the information to the Waiver Review Division of DOS which shall make a recommendation after reviewing the “Program, policy, and foreign relations aspects of the case.”
The Department of State provides five (5) statutory bases that J-1 holders may use to waive the two-year foreign residency requirement.
Exception: A “no objection” waiver is generally not available to medical residents/interns who received medical training in the U.S. For information about how to obtain a "No Objection" Letter, please click here.
Note: The alien has the burden to prove that they "will be subject to persecution." The alien need not prove past persecution.
If you feel that you qualify for one of the above J-1 waiver conditions and would like more information, please contact Z&A by clicking here.
For more information on J-1 waiver conditions, pleaseclick here or visit the Department of State J-1 Waiver web page.
For more information about J-1 visa, please refer to the following links:
J-1 General Issues
Specific Information on J-1 Waivers