Instructions for Applying for a Waiver of the Two-Year Foreign Residence Requirement Pertaining to Exchange Visitors on the J-1 Visa
Section 212(e) of the U.S. Immigration and Nationality Act
Updated January 26, 2006 http://travel.state.gov/visa/temp/info/info_1296.html
Introduction
Exchange Visitors may be subject to the two-year foreign residence requirement of Section 212(e) of the Immigration & 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 the United States appears on the Exchange Visitors 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.
General Overview of Grounds for a Waiver
Exchange Visitors who are subject to, but do not wish to comply with, the two-year home country residence requirement may, for a waiver application fee of $215, apply for a waiver of that requirement under any of the applicable grounds provided by the United States immigration law. The grounds for a waiver are as follows:-
"No Objection" Statement From the Home Government
NOTE: The law precludes use of this option by the medical doctors listed above who are receiving graduate medical education or training.
If an exchange visitor elects to apply for a waiver on this basis, the statement of "No Objection" must be sent directly from his/her embassy in Washington, D.C. to the United States Department of State (DOS), the agency that administers the Exchange Visitor Program. The embassy must state that the visitor's government has no objection to the exchange visitor not returning to the home country to satisfy the two-year foreign residence requirement. When the "No Objection" statement originates from the exchange visitor's government in the home country, as opposed to originating from the embassy in Washington, D.C., it must be forwarded by that government directly to the U.S. Consul at the U.S. Embassy/Mission which will subsequently transmit the statement to the DOS.
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Request by an Interested (U.S.) Government Agency (IGA)
If an 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 United States is in the public interest.
NOTE: For applications on behalf of foreign physicians who agree to serve in medically underserved areas, please refer to Federal Register, Volume 62, Number 102 of May 28, 1997.
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Persecution
If the exchange visitor believes that he/she will be persecuted upon return to the home country due to race, religion, or political opinion, he/she can apply for a waiver.
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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/her departure from the United States would cause extreme hardship to his/her United States citizen or lawful permanent resident spouse or child, he/she may apply for a waiver. (Please note that mere separation from family is not considered to be sufficient to establish exceptional hardship.)
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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, signed by President Clinton on 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 such a facility within 90 days of receiving such a waiver, and signs a contract to continue to work at the health care facility for a total of 40 hours per week and not less than three years, may obtain a waiver.
No more than 20 such applications may be granted for each state each federal fiscal year. If the DOS agrees with the State Department of Health, or its equivalent, that a waiver should be granted, it will forward such recommendation to INS.
Please note that this section applies to aliens admitted to the United States under Section 101(a)(15)(J) of the Immigration & Nationality Act, or acquiring such status after admission to the United States on or after October 25, 1994 and before June 1, 2002.
Important Reminders
For all status inquiries, use the J Visa Waiver Status Check website
The DOS will contact you if they need any additional information and will notify you of the final determination. Until CIS notifies you of an approved waiver, you must consider yourself without a waiver of the 212(e) home-residence requirement and act accordingly. Also - be sure to inform the DeOS of any change of address.
