Instructions for applying for a Waiver of the 2-Year
Home Country Physical Presences Requirement
Eligibility Requirements
J-1 Exchange visitors may be subject to the two-year foreign residence requirement of Section 212(e) of the Immigration and Nationality Act, as amended, for one or more of the following reasons:
They received funding from the United States Government, their own government, or an international organization in connection with their participation in the Exchange Visitor Program.
The education, training, or skill they are pursuing in this country appears on the Exchange Visitor Skills List for their country.
They acquired J-1 status on or after January 10, 1977, for the purpose of receiving graduate medical education or training.
Exchange visitors who are subject to, but do not wish to comply with, the two-year home country residence requirement, for a waiver application fee may apply for a waiver of that requirement under any one of the applicable grounds provided by the United States immigration law. They are as follows:
(1) "No Objection" statement from the home government
Note: The law precludes use of this option by medical doctors listed in "c" above.
The exchange visitor's government must state that they have no objection to the exchange visitor not returning to the home country to satisfy the two-year foreign residence requirement of Section 212(e) of the Immigration and Nationality Act, as amended, and remaining in the U.S. if he or she chooses to do so.
(2) Request by an interested (U.S.) Government agency
If the exchange visitor is working on a project for, or of interest to, a United States Federal Government Agency, and that agency has determined that the visitor's continued stay in the United States is vital to one of its programs, a waiver may be granted if the exchange visitor's continued stay in the U.S. is in the public interest.
Note: For applications on behalf of foreign physicians who agree to serve in medically under-served areas, please refer to Federal Register volume 62, No. 102 of May 28, 1997.
(3) Persecution
If the exchange visitor believes that he or she will be persecuted upon return to the home country due to race, religion, or political opinion, he or she can apply for a waiver.
(4) Exceptional hardship to a United States citizen (or permanent resident) spouse or child of an exchange visitor
If the exchange visitor can demonstrate that his or her departure from the United States would cause extreme hardship to his or her United States citizen or lawful permanent resident spouse or child, he or she may apply for a waiver. (Please note that mere separation from family is not considered to be sufficient to establish exceptional hardship.)
(5) Request by a designated State Department of Health, or its equivalent
Note: The law permits only medical doctors to apply for a waiver on this basis.
Pursuant to the requirements of Public Law 103-416 of October 25, 1994, foreign medical graduates who have an offer of full-time employment at a health care facility in a designated health care professional shortage area, and agrees to begin employment at the facility within 90 days of receiving a waiver and signs a contract to continue to work at the health care facility for a total of 40 hours and not less than three years may obtain a waiver.
Procedures for 212(e) Waiver Applications
There are four steps to processing a waiver review application.
STEP 1. To apply for a recommendation for a waiver of the two-year home residence requirement, applicants must complete a Data Sheet. Send the completed Data Sheet and TWO self-addressed, stamped, legal size envelopes and a check or money order for the required fee, payable to the U.S. Department of State to:
Via Postal Service:
US Department of State/WaiverReview Division
P. 0. Box 952137
St. Louis, MO 63195-2137
Via Courier Service:
US Department of State/WaiverReview Division
(Box 952137) 1005 Convention Plaza
St. Louis, MO 63101-1200
Note:
Please write on the check or money order the applicant's full name, date of birth and Social Security Number, if any. Remittances must be drawn on a bank or other institution located in the U.S. and made payable in U.S. currency to the U.S. Department of State.
If the applicant resides outside the United States at the time of application, remittance may be made by international money order or foreign draft drawn on an institution in the U.S. and made payable to the U.S. Department of State in U.S. currency.
STEP 2. Once the Waiver Review Division has received your Data Sheet, they will use your self-addressed, stamped, legal-size envelope, to send you a case number and instruction sheet on how to proceed with your application under the basis you designated on your Data Sheet. This information will include a list of documents that you must submit to complete your waiver review application. After you have received your case number, you must write the full case number on any documentation you submit as well as on the outside envelope of all future correspondence with this office. If you do not write the case number on all correspondence and on the outside of the envelope, the documents you submit will be returned to you.
STEP 3. It is your responsibility to submit all requested documents and required letters sent on your behalf. Once we have sent you the checklist of items necessary to complete the review of your application (Step 2 above), the Waiver Review Office will NOT follow up on documents that have not been received. Rather, it will be your responsibility to ensure that your file is complete. You may check on the status of your application ONLY by telephoning (202) 663-1600. You must have your full case number in order to obtain the status of your case through this telephone number.
We recommend that you submit all the requested documents at the same time. Some letters (such as a "No Objection" statement from your government) must be submitted directly to the Waiver Review Division by the Embassy. In that case, you, as the applicant, must request that the Embassy write your full case number on the "No Objection" statement and also on the outside of the envelope to be sent to the Waiver Review Division. You may, if the third party agrees, have all of your documents forwarded to the Waiver Review Division through the third party. Please note, however, that ALL documents sent to the Waiver Review Division must have your file number clearly visible on it, and on the outside of the envelope or they will be returned to you.
Step 4. At the conclusion of the review process, the Waiver Review Division will forward its recommendation directly to the Immigration and Naturalization Service and you will receive a copy of that recommendation at the address listed on your data sheet. If your application is denied, you will be notified directly.
Consular Affairs website: travel.state.gov
Visa Services: travel.state.gov/visa/visa_1750.html
USCIS : uscis.gov/graphics/index.htm
Waiver inquiries e mail: Contact State Dept.
General Public Inquiries: 202-663-1225
