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Last Updated On: March 18, 2025 | Published On: March 17, 2025
J1 Visas are issued to individuals who the United States government approves to work or participate in cultural exchange visitor programs. There is a foreign residency requirement that J-1 visa holders may be subject to, after completing their program. If you have a J1 visa waiver denied or approved you may have other options available.
Before worrying about a J1 waiver denial, it’s important to understand the process. A J1 visa holder subject to the two-year home residency requirement must apply for a waiver through the U.S. Department of State.
J1 waiver processing times vary significantly depending on the basis under which you apply. The processing times range anywhere between 6 and 18 months, which includes the time from submission to decision. However, certain waivers, such as those requiring government agency involvement, may take longer.
Once the waiver is approved, individuals may also explore J1 waiver jobs in the U.S. as they will no longer be restricted by the home residency requirement.
Applicants can check their case status through the visa waiver status online system to monitor updates. Delays can occur if documents are missing or if additional information is requested.
As a foreign exchange visitor, there are five bases from which you can apply for a J-1 Waiver.
Obtaining a waiver of the two-year home residence requirement is not always the easiest task to undertake.
The home residence requirement mandates that J visa holders must live in their home country for two full years (or obtain a waiver) before becoming eligible for an H visa, L visa, or permanent resident status.
Was your J1 waiver denied or rejected after submission? If you find yourself in this situation, the bad news is that the Waiver Review Division within the Department of State typically won’t reconsider your application, as they conduct a rigorous review before a final decision is made.
With that being said, you can file an appeal or Motion to Reopen or Reconsider the Waiver Review’s determination of a denial. Nonetheless, you may be able to apply for a different statutory basis (mentioned above) for the waiver.
An immigration attorney will best be able to determine which statutory base applies to your case. To learn more about a J1 waiver appeal or other options, contact our attorneys for an initial consultation.
Along with your J1 waiver denial, you’ll also receive the particular reason for the denied waiver. In general, if you have received government funding, either from your home country or the United States government, then a no-objection waiver will generally be denied. You have a better chance of receiving approval if you filed under a different statutory base.
If you filed a waiver based on both the fear of persecution and exception hardship, be aware that this is not proper protocol. These waivers should not be combined.
A motion to reopen is filed if there is new evidence or new facts that were not available the time of the original decision, like a change in country conditions.
A motion to reconsider is filed when you believe that USCIS made a legal error when making its decision.
If your J1 waiver is denied, there may be other options available. Typically, the best course of action is to determine whether you qualify under a different statutory basis.
For example, if a No Objection Statement waiver was denied due to government funding, applying under exceptional hardship or persecution may be a better option.
An immigration attorney can assess your case and help you strategize the best approach.
In some cases, you may have your J1 waiver denied after receiving information that could alter your eligibility. If that’s the case you may be able to file a new application in the case of exceptional hardship to a citizen, spouse, or child or based on persecution.
You should receive a case number upon completing the online application. We’ve seen instances in which a home country did not issue a no-objection statement on our client’s behalf.
As you can imagine, this is a roadblock for the rest of the process. When this occurs, you may apply for a recommendation under other statutory bases that apply to your case.
If this occurs, you’ll usually need to fulfill the 2-year home country presence requirement.
J1 waiver applications undergo rigorous review, and even small mistakes can lead to rejection. Common reasons for denial include:
The Waiver Review Division will deny a recommendation application when the reasons presented don’t outweigh the program and/or foreign policy considerations for the exchange visitor program.
If your waiver is denied for one of these reasons, you may have the option to reapply with stronger evidence or explore alternative paths to remain in the U.S.
A J-1 waiver denial does not necessarily mean you must leave the U.S. immediately. Here are some alternative options to consider:
At VisaNation Law Group, their J1 Visa Lawyers have extensive experience handling J1 visa cases as well as J1 waivers denied based on “no objection”. If you have received a denial notice, it’s important to address it in a timely manner. You may be able to file under a different statutory base or take alternative action.
Contact us by filling out this free assessment form.
Below are some J-1 visa FAQs that we commonly receive.
Your work authorization depends on your current visa status. If your J1 visa is still valid, you may continue working under its status. However, if your waiver is denied, your ability to stay and work in the U.S. may be impacted.
There is no formal appeal process, but you may reapply if you qualify under another statutory basis or present new evidence.
You can check your application status through the U.S. Department of State’s Waiver Review Division website using your case number.
If your waiver is denied and you remain in the U.S. past your visa’s expiration, you could be out of status, which may affect your ability to obtain future visas.
Tags: J-1 visa, Student Visa
