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Upon completion of the J-1 visa program, some individuals may be required to return to their home country for two years under the 2-year foreign residence requirement. This rule is in place as the goal of the J-1 Visitor Exchange Program is to impart individuals with valuable knowledge and skills necessary for their home countries, and Congress was concerned that program participants were frequently immigrating to the United States. Thus, in some cases, individuals may have to abide by the 2-year foreign residence requirement, but in other cases, individuals may be exempt from the requirement or may be eligible to submit a waiver. If an individual participated in a program that was funded by a United States government agency or an agency of the individual’s home government or an agency of the government of the individual’s last place of residence, in part or in full, the individual will have to follow the 2-year foreign residence requirement. Likewise, if when the individual submits the J-1 application, enters the United States, or is granted a change of status to J-1 status and the individual’s country of residence, as well as the program field or skill, are on the Skill List, they will have to follow the 2-year foreign residence requirement. Finally, if the individual participated in a J-1 program in order to acquire graduate medical education or training, the individual will have to follow the 2-year foreign residence requirement. An individual may become subject to the 2-year foreign residence requirement if they leave the United States and return on a different nonimmigrant visa or if they fall out of status and are reinstated to J-1 status, even if the individual was not bound to the 2-year foreign residence requirement when they were first admitted to the United States or changed status. It is the responsibility of the foreign national to prove that the bounds of the 2-year foreign residence requirement do not apply. Dependent J-2 visa holders are also required to abide by the 2-year foreign residence requirement if the principal J-1 visa holder is required to.
To satisfy the 2-year foreign residence requirement, individuals must be physically present in their country of residence for at least two years. If the individual’s country of nationality is different from the country of last residence when the individual came to the United States or received J-1 status, the individual must spend two years in the country of last residence. These two years do not have to be continuous and may be counted cumulatively. A third country can only satisfy the 2-year foreign residence requirement if the residence was due to military service or a foreign service career. In this case, the individual’s home government must provide a statement to the Department of State (DOS). Likewise, even if an individual received funding from the European Union for the J-1 program, the individual cannot satisfy the 2-year foreign residence requirement in any European Union country if they are a citizen of the European Union.
The Skills List is a list of countries and fields/skills. The full list itself is very extensive, so it is perhaps easiest to find the foreign national’s country on the list and then compare the fields and skills under that country to the intended or completed J-1 program field and skills. The complete list of countries on the Skills List as of 2009 include:
For the full Skills List, including countries and fields/skills, please click here. The list is usually updated every 12 to 13 years. As the last Skills List was published in 2009, it is safe to assume that a new one may be published relatively soon, so it is best to stay up to date with any changes that may be made. The Skills List only applies if it was in effect when the individual’s program was active or if the individual meets the exceptions listed above.
There are a few ways to avoid having to follow the 2-year foreign residence requirement, such as strategically picking program fields and activities, or emphasizing elements of programs. Properly filling out the DS-2019 form to reflect the actual field of work and skills for the program is also very important. If only a related field is listed on the Skills List, an individual also may not have to follow the 2-year foreign residence requirement. If the foreign national holds dual citizenship or dual residence in different countries they may also be able to argue that they do not have to follow the 2-year foreign residence requirement as the foreign national is not required to return to the country that is on the Skills List. A foreign national may also be able to avoid the 2-year foreign residence requirement if they no longer hold citizenship or permanent residence in the country, although, this does not count if the individual willingly revoked their own status.
Finally, individuals can apply for the 2-year foreign residence requirement waiver. This waiver must be favorably recommended by the Department of State (DOS) and approved by the Department of Homeland Security (DHS).
Individuals may be able to apply for the 2-year foreign residence requirement waiver if they meet one of the following qualifications;
For each category, there are different requirements that an individual must meet in order to qualify for a waiver.
In order to qualify for the hardship waiver, foreign nationals subject to the 2-year foreign residence requirement must be able to show that their departure from the United States will create a substantial hardship for their child and/or spouse who are either United States citizens or permanent residents. Thus, the waiver must also demonstrate that even if the spouse and/or child accompanied the foreign national abroad, they would still face hardship. Temporary separation does not count as a hardship for the sake of the J-1 waiver. The United States Citizenship and Immigration Services considers this to be a problem that families often may have to face. Likewise, the hardships faced must be greater than the typical adjustments that a family would deal with in this situation, emotional and financial impacts may be considered to be “usual” hardships.
Successful waivers are typically able to demonstrate that the spouse and/or child will face hardship in a numerous amount of ways—all of the different circumstances mentioned will be taken into consideration. Typically, medical hardships are more likely to succeed. Medical hardships may include great or life-threatening circumstances, such as a treatment that may not be available in the foreign national’s home country, or if a condition would otherwise become worse, such as if the family could not afford treatment without the J-1 visa holder or were dependent on the J-1 visa holder’s insurance. Medical hardship can be proven by letters from doctors or other medical personnel.
Economic hardship can also be taken into account. Basic financial difficulties or the pausing of a career are not enough. Foreign nationals should be able to show that their financial hardship is very high (lots of debts, medical bills, etc). Supplementary evidence for economic hardship includes proof that the family members are dependent on the foreign national. Emotional support and psychological support may also qualify as a hardship. In this case, the waiver should prove that the spouse or child is dependent on the foreign national because of a condition like depression, anxiety, post-traumatic stress disorder, etc. Likewise, travel warnings about potentially dangerous situations for American citizens in the home country or other harmful social situations may be used for the waiver. Typically, emotional hardship and psychological hardship must be documented by a psychologist or other qualified counselor. Other factors such as old age, medical conditions, etc. may be taken into account as well.
Foreign nationals may also apply for a waiver for the 2-year foreign residence requirement through a No Objection Statement. A No Objection Statement is a diplomatic statement from the government of the foreign national’s home country. This statement must say that the foreign government does not object to the foreign national not completing the 2-year foreign residence requirement. Likewise, they must also not object to the foreign national staying in the United States and becoming a resident of the United States. The foreign national can apply for the No Objection Statement after they have submitted the online waiver application to the Department of State (DOS) and have received a case number. The foreign national must ask their home government for the letter directly, who must then forward the letter to the Waiver Review Division (WRD). The letter can come from an embassy or a diplomatic mission. The letter should include information on the foreign national (such as the foreign national’s full name, place of birth, date of birth, and address), the date when the foreign national arrived in the United States, the exchange visitor programs that the foreign national participated in, the foreign national’s registration number, and the details on the official of the foreign government with whom the case may be discussed. However, the embassy or diplomatic mission can always decline to write the letter depending on the criteria the foreign country may have itself. Likewise, the No Objection Statement only begins the consideration of the foreign national’s waiver, it does not guarantee that the waiver will be approved.
Foreign nationals may also apply for a waiver for the 2-year foreign residence requirement based on fear of persecution. The waiver must have a descriptive statement that describes why the foreign national is fearful of persecution. The statement should also include affidavits from individuals who know the facts of the situation. The foreign national’s I-94 card should also be included with the waiver if they are in the United States when the waiver is submitted. The foreign national must show that if they returned to the home country, the foreign national would be persecuted by the government or by government officials. The requirements to demonstrate persecution for the asylum waiver are different from the J-1 waiver. In this case, persecution includes persecution on the grounds of political views, religion, and race. Nationality and social groups are not included in the J-1 persecution waiver. Likewise, persecution by a minority not controlled by the government is also not included in the J-1 persecution waiver. It is required that the foreign national be the one in threat of persecution. A spouse or child who is a United States citizen or resident does not qualify. If any of the foreign national’s application circumstances change, the foreign national must inform the Department of Homeland Security (DHS).
An agency of the United States government may request a waiver for a foreign national. An agency may do so if the foreign national is active in an activity or a program that the agency funded, or if the foreign national is active in an activity or program that the agency is interested in. According to the Department of State (DOS), any United States government agency may be an interested government agency (IGA). The interested government agency (IGA) must write the request. The request must be signed by the agency’s head or by someone designated by the agency’s head. The request should explain why the waiver is in the best interest of the public and the negative impact the foreign national’s 2-year foreign residence would have on the program or activity. It should be demonstrated that the foreign national is essential to a program or an activity that the United States government agency has an interest in. Likewise, the interested government agency, private employer, or a public employer must offer the foreign national a full-time position if the work benefits the interested government agency’s mission or program of interest and benefits public interest. The DS-2019 form, the foreign national’s address, and the foreign national’s home country must be submitted with the request.
An Interested Government Agency (IGA) or a State Department of Health can also request a waiver for a foreign national for the 2-year foreign residence requirement. The latter is also known as the Conrad 30 program. In order to qualify, a foreign national must have originally come to the United States for graduate medical training. The foreign national must also plan to start working full-time in medicine for 3 years with an H-1B visa in an area that the Department of Health and Human Services has designated as a Medically Underserved Area (MUA), Health Professional Shortage Area (HPSA), or Medically Underserved Population (MUP), or, working with patients from one of these areas. This work must begin work at the specified health care facility within 90 days after the waiver has been submitted. The foreign national must also request a No Objection Statement from their home country’s government.
While these are the general requirements, the requirements for each state under the Conrad 30 program may differ. Each year, a state can request up to 30 waivers. 10 of these waivers can be for physicians who will be serving patients of the designated areas.
In general, individuals who are applying for the J-1 waiver must all submit the DS-3035 form, or, the J Visa Waiver Recommendation Application. This form must be completed online. When completing the DS-3035 form, individuals should have their passport, copies of their DS-2019 form or IAP-66 form, a G-28 form (if necessary), details on any dependent J-2 visa holders, I-94 form (if the foreign national is applying from within the United States), and alien registration “A” number (if necessary). Once the form has been submitted online, the individual will receive a barcode and case number.
The form will also need to be sent physically in black and white, along with the barcode, copies of the DS-2019 form or IAP-66 form, two envelopes that are stamped and self-addressed, payment of the DS-3035 fee, G-28 form, and a copy of the individual’s passport biographic page to the Department of State (DOS), who will then forward the application to the Waiver Review Division (WRD). The physical application can either be sent by postal service or by courier. The address for applications sent by postal service is: Department of State J-1 Waiver, P.O. Box 979037, St. Louis, MO 63197-9000. The address for applications sent by courier is Department of State J-1 Waiver, P.O. Box 979037, 1005 Convention Plaza, St. Louis, MO 63101-1200. Applications must be submitted with both the online application barcode and the application fee. If one is not sent, the application will not be processed and will be sent back to the individual.
To check the status of the application, individuals should check the online system. The online system will also show whether or not the Department of State (DOS) has received the necessary supplementary documentation. If any critical information changes, such as a name change or address change, individuals should inform the Department of State (DOS). A foreign national typically will not be forced to leave the United States while the foreign national’s waiver is pending.
Depending on the type of waiver the foreign national is requesting, different supplementary documentation may be required. There may also be varying application steps depending on the type of waiver the foreign national is requesting.
Foreign nationals applying for a hardship waiver will also need to submit the I-612 form, or, the Application for Waiver of the Foreign Residence Requirement along with the required fee, evidence of familial relationships, evidence of the relative’s status (such as permanent resident cards, copies of passport biographic pages, and naturalization certificates), I-94 form if the foreign national is currently in the United States, financial documents, and any other supporting documentation that may be necessary to the United States Citizenship and Immigration Services (USCIS). The DS-3035 form should preferably be filed first. If the individual submits the I-612 form first, they must wait until the United States Citizenship and Immigration Services (USCIS) has made a decision on the case before submitting the DS-3035 form. The form must be sent to the following address if using the United States Postal Service: USCIS California Service Center, I-612 Unit, P.O. Box 30112, Laguna Niguel, CA, 92607-0112. If the foreign national is using a courier service or express delivery, the form should be sent to: USCIS California Service Center, 24000 Avila Rd., 2nd Floor, Room 2312, Laguna Niguel, CA 92677. Although, the DS-3035 form will not be considered until the United States Citizenship and Immigration Services (USCIS) has received and approved the I-612 form. Once the United States Citizenship and Immigration Services (USCIS) has determined that the reasons for exceptional hardship are valid, they will forward an I-613 form to the Waiver Review Division (WRD).
If the United States Citizenship and Immigration Services (USCIS) denies the hardship waiver, the foreign national can appeal through the Administrative Appeals Office. The United States Citizenship and Immigration Services (USCIS) may also not approve the application unless the Waiver Review Division (WRD) has already favorably recommended the application.
Once the foreign national has completed and submitted the DS-3035 form and received a case number, the foreign national will need to request the No Objection Statement from the home government. If the government chooses to write the No Objection Statement, it must forward it directly to the Waiver Review Division (WRD). The home country must also send a copy of the DS-2019 form, the Department of State (DOS) waiver case number, and the Department of State (DOS) waiver barcode. The No Objection Statement must include key information on the foreign national, as discussed above. The No Objection Statement must be sent to: Waiver Review Division, U.S. Department of State, CA/VO/DO/W, SA-17, Floor 11, Washington, DC 20522-1711. If a designated ministry of the home country will be sending the No Objection Statement, they must send it to the United States Chief of Mission of the Consular Section of the United States Embassy.
As with the hardship waiver, persecution waiver applicants must submit the I-612 form to the United States Citizenship and Immigration Services (USCIS) after submitting the DS-3035 application. Foreign nationals must also submit the required fee, a statement on why the foreign national fears persecution in the home country, affidavits from individuals who know the facts of the situation, and the foreign national’s I-94 form if the foreign national is in the United States when the form is submitted. As with the hardship waiver, if the foreign national submits the I-612 form before the DS-3035, the foreign national must wait for the United States Citizenship and Immigration Services (USCIS) to make a decision on the case before submitting the DS-3035 form. The form must be sent to the following address if using the United States Postal Service: USCIS California Service Center, I-612 Unit, P.O. Box 30112, Laguna Niguel, CA, 92607-0112. If the foreign national is using a courier service or express delivery, the form should be sent to: USCIS California Service Center, 24000 Avila Rd., 2nd Floor, Room 2312, Laguna Niguel, CA 92677.
If the United States Citizenship and Immigration Services (USCIS) decides that the foreign national could be persecuted if they return to the home country, they will forward an I-613 form along with a statement regarding details of the expected persecution to the Waiver Review Department (WRD). The Waiver Review Department (WRD) then will evaluate the case and make a recommendation that they will forward to the Department of Homeland Security (DHS).
The request by an Interested Government Agency (IGA) must be made to the specifications discussed above and sent to the Waiver Review Division (WRD). The request should also include a copy of the DS-2019 form, the foreign national’s address, and the foreign national's home country (or country of last residence). The request should be sent to the following address: Waiver Review Division, U.S. Department of State, CA/VO/DO/W, SA-17, Floor 11, Washington, DC 20522-1711.
For an Interested Government Agency to submit a waiver request for a foreign physician, they must send a copy of the foreign national’s DS-2019 form or IAP-66 form, a copy of the foreign national’s curriculum vitae, and a statement signed by the foreign national to the Waiver Review Division. The statement must exactly read: “I, (the name of the foreign national) hereby declare and certify, under penalty of the provisions of 18USC.1001, that: (1) I have sought or obtained the cooperation of (the name of United States Government agency that is submitting the request); and (2) I do not now have pending nor will I submit another request to any U.S. Government department or agency or its equivalent, to act on my behalf in any matter relating to a waiver of my 2-year home residence requirement.” The statement must also be signed and dated by the foreign national. The request should include supporting documentation, including a letter from the head of the agency or a designated individual that explains why the waiver is in the best interest of the public, a contract that shows that the foreign national will be working for at least 3 years full-time (40 hours a week) at a medical facility, proof that the medical facility is in one of the underserved areas or areas of shortage designated by the United States Department of Health and Human Services, a statement written by the head of the medical facility (the statement should confirm that it is in one of the underserved areas or areas of shortage, that it offers care to Medicare patients, Medicaid patients, and indigent patients, and provide the Federal Information Processing Standards country code/census tract, block numbering area number, or the zip code of the facility), proof that the medical facility tried to hire a United States worker for the job, and a G-28 form (if necessary). The request should be sent to the following address: Waiver Review Division, U.S. Department of State, CA/VO/DO/W, SA-17, Floor 11, Washington, DC 20522-1711.
For the Conrad 30 State program, the State Public Health Department must submit the copies of the foreign national’s DS-2019 form or the IAP-66 form, the foreign national’s curriculum vitae, a letter from the designated official of the State Public Health Department detailing why the waiver is in the best interest of the public (the letter should include the name of the foreign national, the foreign national’s last country of residence, the name of the facility the foreign national will work at, the address of the facility that the foreign national will work at, the ID number of the medical shortage area designated by the United States Department of Health and Human Services, and a letter from the facility), proof that the facility is in an underserved area or in a shortage area, a contract that shows that the foreign national will be working for at least 3 years full-time (40 hours a week) that has been signed by the head of the facility and the foreign national, and a G-28 form (if necessary). If the foreign national’s home government funded the J-1 program, the home country must submit a No Objection Statement. The request should also be sent to the Waiver Review Division (WRD) at the following address: Waiver Review Division, U.S. Department of State, CA/VO/DO/W, SA-17, Floor 11, Washington, DC 20522-1711.
The Waiver Review Division (WRD) will make a recommendation based on the application that they receive. Once the decision has been made, the foreign national will receive a copy of the recommendation, whether it is favorable or unfavorable. The recommendation is sent to the United States Citizenship and Immigration Services (USCIS) who makes the final decision on the application. Only the United States Citizenship and Immigration Services (USCIS) can approve the waiver. The foreign national will be sent a notification of the decision at the address on the DS-3035 form.
It is important to remember that an approved waiver only permits the foreign national to not complete the 2-year foreign residence requirement, it is not on its own a means to stay in the United States. Once the waiver has been approved, the foreign national must apply for a change of status to H or L or for a permanent residence. The approval of the J visa waiver also applies for J-2 dependents as long as the dependent did not participate in a J-1 program themselves.
There are many required documents and forms for the J-1 visa waiver. It is important to note that depending on the type of waiver the foreign national applies for, the requirements can vary. Required documents can include:
The processing timeline for J-1 visa waivers can vary depending on the time it takes for the United States Citizenship and Immigration Services (USCIS) to receive all of the necessary documentation. Typically, a waiver on the grounds of hardship will take 16 weeks to 24 weeks to process, a waiver on the grounds of a No Objection Statement will take 12 weeks to 16 weeks to process, a waiver on the grounds of persecution will take 12 weeks to 16 weeks to process, a waiver on the grounds of an Interested Government Agency (IGA) will take 8 weeks to 12 weeks to process, and a waiver through the Conrad 30 program will take 12 weeks to 18 weeks to process. Some applications may require additional processing, further lengthening the processing timeline (website).
There are a few fees required for when applying for a 2-year foreign residence requirement waiver.
Total: $120
Once your application has been submitted, you can check the status of your application online on the J Visa Online Waiver page. The page will tell you whether or not your DS-3035 form, fee, and other supporting documentation has been received. If you are missing any required documents, the page will tell you. The page should be up to date on your status after a month of submitting your application. If you have a question that cannot be answered by the page, you may email 212ewaiver@state.gov.
You should also update any changes in personal information, such as a change in name, address, and other contact information, on the J Visa Online Waiver page. It is important to keep your mailing address up to date as the Waiver Review Division (WRD) and the United States Citizenship and Immigration Services (USCIS) will mail you notifications of favorable or unfavorable recommendations and of application approval and denial.
Once your application has received a recommendation from the Waiver Review Division (WRD), it is forwarded to the United States Citizenship and Immigration Services (USCIS). You must contact the United States Citizenship and Immigration Services (USCIS) in order to check the status of your application after the recommendation has been made.
No, you cannot apply for a waiver on two separate grounds at one time. If your application on one ground is denied, you can submit a separate application on the other ground, although you will have to pay the application fee for the new application.
Full-time work for the Conrad 30 waiver means at least 40 hours per week.