A J-1 visa waiver is sought to bypass the rule that requires J-1 holders to be physically present in their home country for two years. Our office often gets questions regarding J-1 visas, their waivers, and the approach for a favorable outcome. Common topics of discussion include what to do after receiving a J-1 visa waiver denial, processing and application-related inquiries, the different types of statutory bases, and more. In this post, we’ll answer some of the most frequently asked J-1 waiver questions.
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How do I apply for a J-1 visa waiver?
- Determine your basis for a J-1 visa waiver
- No Objection Statement
- Persecution
- Request by an Interested United States Federal Government Agency
- Exceptional Hardship to a U.S. Citizen or (or permanent resident) Spouse or Child of an Exchange Visitor
- Request by a Designated State Public Health Department or its Equivalent
- Complete the online application (DS-3035)
- You will need your SEVIS number (found on your DS-2019 form) and information from all of your past DS-2019 or IAP-66 forms
- The website will generate a case number for your along with a PDF containing your submitted DS-3035 form and a cover sheet with your case number barcode. Important: Print the complete PDF, as you will need the barcoded pages for the next steps.
- Pay the $120 processing fee by submitting a check or money order to the Department of State with your waiver application
- Mail your application packet with all supporting evidence, including
- The barcoded DS-3035 application form you printed.
- Legible copies of every DS-2019 or IAP-66 form ever issued to you.
- Two self-addressed, stamped legal-size envelopes.
On what grounds can I apply for a J-1 waiver?
According to the Department of State Waiver Eligibility webpage, there are five bases that you can use to apply for a waiver. You can only apply under one of those five grounds.
Before filing an application for a waiver, you will need to review the requirements and select the appropriate basis for your own case. The five bases are as follows:
- No Objection Statement – issued when your home country’s government officially informs the U.S. Department of State that it does not oppose your request to waive the two-year requirement.
- Persecution – you would face persecution based on your race, religion, or political opinion if you returned to your home country.
- Request by an Interested United States Federal Government Agency – When a U.S. Federal Government Agency considers your work vital to its programs and of national importance.
- Exceptional Hardship to a U.S. Citizen or (or permanent resident) Spouse or Child of an Exchange Visitor – in cases where your departure would cause suffering beyond the normal emotional and financial difficulties to your U.S. citizen or permanent resident spouse or child.
- Request by a Designated State Public Health Department or its Equivalent – known as the Conrad 30 program, is specifically for foreign medical graduates who agree to work full-time for at least three years in a medically underserved area.
What is the two-year home-country requirement?
You are subject to the two-year home-country physical requirement if your J-1 exchange visitor program meets any of the following qualifications:
- Government-Funded Exchange Program: You participated in a J-1 program that was wholly or partly funded by your home country’s government, a U.S. government agency, or an international organization that received funding from your home country’s government or the United States government.
- Specialized Knowledge or Skill: You participated in a J-1 program involving a field or an area of study of specialized knowledge deemed to be necessary for the continued development of your home country and it appears on this Exchange Visitor Skills List for your home country.
- Graduate Medical Training or Education: You participated in a J-1 program to receive graduate medical training or education.
The determination of whether a J-1 visitor is subject to Section 212(e) is typically indicated on their DS-2019 form and their J-1 visa stamp.
For a request for an Advisory Opinion regarding the J-1 two-year requirement, you can mail copies of your documents to the address provided:
U.S. Department of State
CA/VO/L/W, Visa Services
2401 E Street, NW, (SA-1)
Washington, DC 20522-0106
What is a no objection letter?
A “no objection” letter is a statement from the applicant’s home country government permitting the waiver of the two-year home residency requirement.
This statement can be obtained by contacting your home country’s consulate at the embassy. The statement is issued by the embassy of the applicant’s home country government directly to the Department of State Waiver Review Division.
What’s the time length for the “no objection” process?
While all cases may vary depending on the circumstances, the no objection process can take anywhere from a few months to six months. The processing speed is determined by how fast your home country’s embassy operates.
What if I can’t get a “no objection letter” from my home country?
If the government in your home country will not issue a No Objection letter on your behalf, then you may apply for a waiver under one of the other available bases if your situation qualifies.
If your government doesn’t issue a No Objection Statement and you do not qualify under another basis, then you must fulfill the two-year home-country physical presence requirement.
What are the J-1 visa waiver supporting documents?
- DS-3035 Online J-1 Visa Waiver Application
- Copies of all DS-2019/IAP 66 forms issued to you
- The application fee must be paid by submitting a check or money order payable to the U.S. Department of State with your waiver application.
- Copy of Passport Data Page
- Two self-addressed paid (stamped) envelopes.
- Provide two standard legal-sized envelopes with your address and postage already on them. The Department of State will use these to send the final recommendation.
- Proof of eligibility under the waiver basis you are applying for (e.g., the No Objection Statement from your home country or proof of persecution).
Depending on your qualifying reason, a third party will need to provide specific supporting documentation:
- No objection statement from your home country’s government;
- Request by an Interested U.S. Federal Government Agency obtained from the agency;
- Exceptional hardship approval obtained from USCIS.
- You must file Form I-612, Application for Waiver of the Foreign Residence Requirement, with USCIS for to prove that your U.S. citizen or permanent resident spouse or child would suffer exceptional hardship if you left the country. If USCIS agrees with your claim, it will forward its favorable finding to the Department of State.
- Request by a Designated State Public Health Department obtained from the department.
You must ensure that third parties send us any supporting documents required for you. The Waiver Review Division will NOT follow up on missing supporting documents.
What is the application processing fee for a J-1 visa waiver?
You will need to pay a nonrefundable DS-3035 form processing fee of $120. You can pay this fee by check or a money order addressed to the U.S. Department of State. Your payment should be initiated from a bank located in the U.S. However, if you are making a payment from outside the U.S., the fee must be paid in U.S. currency.
The USCIS does not charge any fees for waiver applications related to dependent J-2 spouses or children who are part of your waiver application.
What are the extra fees required to obtain a J1 visa?
J-1 visa fees include
- $185 DS-160 application fee
- $220 I-901 SEVIS fee
- Visa issuance fee, depending on your country of origin.
What is the J-1 Waiver Processing Time?
The estimated processing time is six to eight weeks for no objection statements, and four to six weeks for other waiver classifications, including the advisory opinion.
Why would an application for a waiver be denied?
Your waiver application can be denied when the reasons you gave for the waiver do not outweigh the home-country physical presence program and foreign considerations of the J-1 exchange visitor program. For this reason, waiver applications from J-1 participants who received U.S. government funding are generally denied.
If my application for a waiver is denied, can I use the same fee for another waiver request?
No, the fee is a non-refundable processing fee charged for every application filed, whether the result is approval or denial. You will have to pay another processing fee for your new waiver application. However, you should use the same case number you used in the first application for any subsequent requests you will submit.
How can I appeal a denial of waiver application?
Unlike other types of decisions that you can appeal, since so much attention is given to J-1 visa decisions, you cannot appeal a denial. The good news is that if your application was denied under one basis, you can review the other available bases and reapply for a waiver under the one you are most qualified for.
What are the statutory bases you can apply for a J-1 waiver under?
There are five bases you can apply for a waiver under. They include a “no objection” statement from the home country, an IGA waiver, a claim of persecution, and a claim of exceptional hardship, and request by a Designated State Public Health Department (Conrad 30 Program)Some applicants may qualify for multiple bases for a waiver; if you are one of those cases, it would be best to consult an immigration attorney on the best course of action.
Can I apply for a waiver recommendation based on exceptional hardship and persecution simultaneously?
No. As much as the two bases appear to be similar, they have different eligibility criteria. If your situation makes you qualify for a waiver under both persecution and exceptional hardship to your U.S. citizen or permanent resident child or spouse, you will have to choose one of the two bases and apply accordingly. If your waiver is denied for one, you can always reapply through the other, though a new processing fee will be required.
What is a “threat of persecution” as it applies to a J-1 visa waiver or otherwise?
A threat of persecution can be based on any one of these grounds: race, religion, or political opinion. On this note, you must prove that you will be subject to persecution, not necessarily past persecution.
Can I Extend My J-1 Visa?
Yes. Because the duration of stay varies with each category and occupation, your program sponsor will have control over your stay. If you maintain the qualifications, then the sponsor will be able to extend your stay up to a maximum of five years.
What is the duration of a J-1 visa program?
The length of a J-1 visa program is dependent on the program category you’re in and the program sponsor. If you are a high school student under J-1 status, that duration could be as little as one year. However, for professors, scholars, and other specialized professionals, the duration period is usually up to five years.
A 30-day grace period also extends after the visa validation period so that you can get your affairs in order before leaving the U.S.
What do I do if my visa has expired during the program?
If you do not plan to travel outside the U.S. and your visa has expired, then you don’t necessarily need to renew your visa. However, if you do travel outside the country and your J-1 visa is expired, you need to apply for a new one in your home country before you can reenter the U.S. to finish your program. Keep in communication with your J-1 visa sponsor because it’s their responsibility to assist you in those matters.
How long after my J-1 status expires can I stay in the United States?
The grace period once your J-1 visa status expires is 30 days. After that point, you are no longer ‘legally’ in the country. Being considered “out of status” can have serious ramifications, including possible deportation. This could impact your ability to return to the U.S. in the future. Unlawful presence in the U.S. can lead to penalties and fines and, in some cases, to deportation.
If my IAP-66 and I-94 are still valid, but my visa is expired, can I leave and reenter the country?
You need a new visa to come back to the U.S. The immigration attorneys at VisaNation Law Group can help you navigate the complex process and ensure your J-1 visa is issued in time for you to reenter the United States.
How can I get copies of my lost DS-2019 or IAP-66 Forms?
It’s best to contact the officer responsible for your exchange program in order to get copies.
What’s the procedure for renewing a J-1 visa?
You can apply for the visa outside the country at a U.S. consulate. It is important to note that you cannot apply from within the U.S.
If I was previously on J-1 visa, does that mean I cannot reapply?
No. Even if you have previously been on J-1 status, you can apply for another one, assuming it’s been more than 2 years since the end of your last training program. USCIS does not put a limit on how many J-1 visa you can obtain, as long as you comply with the requirements every time.
Before I can apply for the program, must I first identify a sponsor?
The requirements state that before you can apply for a J-1 visa, you must have a program sponsor and have been accepted into their Exchange Visitors Program. This applies to both students and workers who wish to work in the U.S. under J-1 status. You cannot proceed with your waiver request if you do not have a sponsor.
Do J-1 visa waiver sponsors only work in one state?
Not necessarily. You can find the locations of the sponsor organizations on the official website. Most sponsors assign participants to multiple locations in the United States. Thus, you can experience living in different cities and states of the U.S., which would allow you to obtain more knowledge and experience about the U.S.
How can an organization apply to be a J-1 sponsor?
Organizations, including educational institutions, private firms, research institutions and other agencies must be pre-approved by the DOS.
Can my J-1 visa be terminated? How?
There are grounds for termination of your J-1 visa, including failure to complete the exchange activities, failure to have insurance coverage that’s required under 22 CFR 62.14, and unauthorized employment.
For students, there is often a requirement that involves maintaining a certain grade point average. If the visa holder consistently fails to meet this standard, your visa could be terminated despite having more time available in your period of stay.
What happens if my J-1 visa sponsor decides to end or terminate my program?
The information that your program has been terminated will be submitted into SEVIS. From there you won’t have a grace period and will be required to leave the U.S. immediately or be considered “out of status”.
Can I work for another company while on J-1 visa status?
As a J-1 holder, you are allowed to work for your J-1 sponsor and not for another employer unless you’ve received special authorization. In fact, you are not allowed to undertake any paid employment work in the U.S., either part-time or full-time.
Who should I reach out to if I have concerns regarding my J-1 visa or J-1 waiver?
You should contact your supervisor whose name/phone is listed on Form DS-2019. In addition, if you are part of an educational institution in the U.S. you may have access to a visa team that may help you with your questions.
I came to the U.S. with a J-1 visa that is subject to the 2-year rule, but I want to change my J-1 program?
While this is a question best addressed by an immigration professional, it’s generally not a good idea to change your J-1 program. If you do change your program, you risk being subject to the 2-year restriction twice.
If I’m a J-1 researcher, am I able to change my status to a J-1 student?
This question really varies from case to case. Some J-1 sponsors require you to apply for a new visa and reenter the country before adjusting your status. It’s best to consult VisaNation Law Group’s immigration attorneys regarding a scenario like this.
Where can I see what my legal status is while I am a J-1 holder?
You can refer to Forms IAP-66 and I-94 to determine your status. The abbreviation D/S on your I-94 indicates the duration of status (how long you can legally stay). For this reason, it is crucial to keep a track record of all of your communication with the USCIS. In many cases, if you are wanting to pursue a further immigration pathway in the U.S., you will be asked to provide evidence of your previous visits to the U.S.
How are J-1 visas and O-1 visas alike/different?
If you are not able to acquire a J-1 visa before the maximum term expires, the employer may be able to apply for an O-1 visa on behalf of the J-1 holder. O-1 nonimmigrant visa is specially designed for people of extraordinary ability in sciences, arts, business, athletics, or television.
To learn about applying for an O-1 visa, click here.
Is a J-2 visa holder able to enter the country prior to a J-1 principal holder?
No, they cannot. The child or spouse of the primary J-1 visa holder must enter after or at the same time as the primary beneficiary the first time. After that, the J-2 holder is able to travel to and from the U.S. freely with or without the J-1 visa holder.
Is a J-2 visa holder allowed to work?
They can work in the U.S. after filing an I-765 Application for Employment Authorization with USCIS. Once they receive approval, they’ll then be able to work legally. Otherwise, if a J-2 holder undertakes any employment opportunities, they could be accused of unlawful employment and be subject to serious consequences.
Does the two-year rule also apply to dependents of a J-1 visa holder?
It does apply. Individuals who enter the U.S. as J-2 dependents are subject to the same restrictions as the J-1 holder. If the J-1 holder’s visa is terminated, then any associated J-2 visas will also be terminated.
How do I know if I am subject to the J-1 waiver’s two-year home-country physical presence requirement?
Yes, the time spent in the United States or a third country after the completion of your exchange visitor may count as a fulfillment of the home country presence requirement, but only on one condition. The time will count as a fulfillment of the requirement if you are employed by your home country’s government to serve in its military or foreign service in another country at the request of your home country’s government. You will have to get a letter to that effect from an official of your home country.
Can I serve my two-year home-country presence requirement in the U.S. or a third country?
No, the two years must be spent in your home country (of nationality) before you can apply for permanent residency, not a third country or the U.S.
What is the easiest way to waive the 2-year home country requirement?
Some say the simplest procedure is through a “no objection” letter. Other options include waivers based on exceptional hardship and fear of persecution. Because the circumstances surrounding each case vary greatly, any method of obtaining a J-1 waiver may be the easiest.
What is the Exchange Visitors skills list?
The State Department compiles this list and indicates the skills required by each country. You can find this list on this website here.
What is an advisory opinion?
This is a statement that’s issued by the WRD (Waiver Review Division), which declares whether you need to fulfill the 2-year residency requirement.
Where do I submit this information?
You can submit a J-1 Advisory Opinion to the Waiver Review Division address below:
Mailing Address
U.S. Department of State
Waiver Review Division
CA/VO/DO/W – SA-17, Floor 11
Washington, DC 20522-1711
Which of the country’s skills must I possess?
Refer to the country in which you were a legal resident of at the time you obtained your J-1 visa to determine the answer. If you have dual citizenship, then refer to the list of which country you are planning to submit your immigration application from.
Am I able to file an immigration petition (I-140) or an I-130 petition while under the residency requirement?
Luckily, filing I-140 or I-130 will not affect your status, and they allow you to obtain a Permanent Residency status in the future.
Can a J-1 visa apply for a green card?
There are three scenarios in which you can do this. You can file an immigration petition and J-1 waiver concurrently, file the J-1 waiver first then a petition after it’s approved. Or, file the petition first, and then a J-1 waiver after the petition is granted.
What happens if I decide to withdraw from my J-1 exchange program?
You need to notify your sponsor if you withdraw. They’ll then enter the information into SEVIS. Again, you will not have a grace period and will be required to leave the U.S.
What does IGA refer to in the J-1 visa process?
IGA refers to the interested government agency. This is a U.S. Federal Government Agency that has a vested interest in the visitor staying in the U.S. if they’re working on an assignment or project of interest to that agency.
How do I know whether I qualify for an IGA waiver?
Individuals who are subject to the foreign residency requirement who have also confronted the challenges regarding the “no objection letter” are those who usually seek an IGA waiver.
What is the first step in obtaining a DOS recommendation?
The first step is to complete the online application (Form DS-3035) on the Department of State’s website
What happens after you submit your datasheet to the WRD?
At that point, DOS will send you your case number and instruction sheets for the waiver. You’ll be given further instructions thereafter.
What are the categories under a J-1 visa?
The categories include research scholars, professors, short-term scholars, students, and specialists. Be sure to speak with your immigration attorney and your program sponsor to learn what the requirements are for each category.
What is the health insurance requirement for the J-1 visa?
All exchange visitors and/or accompanying dependents need to have health insurance coverage. If your program provides health coverage, you can then file a waiver for the mandatory insurance requirement.
How can I get health insurance coverage since it is required?
CIP/CIP USA offer health insurance through their HTH Worldwide Insurance.
Can family members visit me while on J-1 status?
Unless they are your children under 21 or a spouse, family members should apply for a B-1 or B-2 visitors visa to temporarily visit the U.S.
If I intend to travel out of the country while on J-1 visa, what will I need in order to reenter?
If you’re planning to travel, you need to first make sure that your DS-2019 is not expiring soon and that it’s been dated less than a year from the point of planned re-entry.
Am I required to pay taxes on my salary if I’m receiving wages on my J-1 visa?
This question and others having to do with your salary are best posed to your sponsor. However, the IRS states that if you have been in the U.S. on a J-1 visa for a full calendar year, then you will be subject to income tax and will have to file Form 1040.
Who can I call for help with my J-1 visa waiver?
The lawyers at VisaNation Law Group have years of experience dealing with J-1 waiver cases. Have additional J-1 waiver questions or concerns? Fill out this form to schedule your immigration consultation.