How to waive the J-1 visa two-year home residency requirement through five methods including hardship, persecution, and state waivers.
How to waive the J-1 visa two-year home residency requirement through five methods including hardship, persecution, and state waivers.
J-1 visa holders subject to the two-year home residency requirement (Section 212(e) of the INA) must return to their home country for two years or obtain a waiver before changing to most other visa statuses. Five waiver methods exist: no objection statement, request by a U.S. government agency (IGA), persecution, exceptional hardship to a U.S. citizen spouse or child, and the Conrad State 30 program for physicians. The waiver is filed through the Department of State Waiver Review Division and then adjudicated by USCIS.
The two-year home residency requirement applies to J-1 holders whose programs were government-funded, who are on the Skills List, or whose participation was mandated by their government.
Five waiver methods: no objection statement, IGA request, persecution, exceptional hardship, and Conrad State 30 (physicians).
The waiver application is filed with the Department of State Waiver Review Division (Form DS-3035, $120 fee).
After DOS recommendation, USCIS adjudicates the waiver via Form I-612.
Without a waiver, J-1 holders cannot change to H, L, K, or permanent resident status.
The Conrad State 30 program allows each state to recommend 30 physician waivers per year for service in underserved areas.
Processing time varies: 4-8 months for DOS review, plus additional USCIS processing.
The two-year home residency requirement applies to J-1 holders whose programs were government-funded, who are on the Skills List, or whose participation was mandated by their government.
Five waiver methods: no objection statement, IGA request, persecution, exceptional hardship, and Conrad State 30 (physicians).
The waiver application is filed with the Department of State Waiver Review Division (Form DS-3035, $120 fee).
After DOS recommendation, USCIS adjudicates the waiver via Form I-612.
Without a waiver, J-1 holders cannot change to H, L, K, or permanent resident status.
The Conrad State 30 program allows each state to recommend 30 physician waivers per year for service in underserved areas.
Processing time varies: 4-8 months for DOS review, plus additional USCIS processing.
Section 212(e) of the INA requires certain J-1 exchange visitors to return to their home country for two years after completing their J-1 program before they can apply for an H, L, or K visa, or for permanent residency. This requirement applies to J-1 holders who meet any of these conditions:
Their program was funded by the U.S. or home country government
They are on their country's Skills List (occupations needed in their home country)
They came to the U.S. for graduate medical education or training
The home country government issues a statement that it has no objection to the J-1 holder remaining in the U.S. This is often the simplest method but is not available for physicians who came for graduate medical training.
A U.S. federal government agency requests the waiver because the J-1 holder's departure would be detrimental to a program or activity of interest to the agency.
The J-1 holder would be subject to persecution based on race, religion, or political opinion if forced to return to their home country.
Returning would impose exceptional hardship on the J-1 holder's U.S. citizen or permanent resident spouse or child. Note: hardship to the J-1 holder alone is not sufficient.
Each state can recommend up to 30 physicians per year for a waiver in exchange for 3 years of medical service in a designated underserved area (HPSA or MUA).
Step 1: Determine if you are subject to the two-year requirement (check your DS-2019 form or contact DOS). Step 2: Choose the appropriate waiver method. Step 3: File Form DS-3035 online with the DOS Waiver Review Division ($120 fee). Step 4: Submit supporting documentation based on the waiver category. Step 5: DOS reviews and makes a recommendation to USCIS (4-8 months). Step 6: USCIS adjudicates the waiver via Form I-612.
Item | Cost / Timeline |
|---|---|
DS-3035 filing fee | $120 |
DOS review time | 4-8 months |
USCIS I-612 processing | Additional 2-6 months |
Attorney fees | $3,000-$10,000 |
Total timeline | 6-14 months |
Some J-1 holders do not realize they are subject to the requirement. Check your DS-2019 form or request an advisory opinion from DOS.
USCIS will deny H, L, or K visa petitions for J-1 holders subject to 212(e) who have not obtained a waiver. The O-1 visa is an exception - J-1 holders can obtain O-1 status without a waiver, but must process through a consulate.
The no objection statement method is not available for J-1 physicians who came for graduate medical training. Physicians must use the Conrad State 30, IGA, hardship, or persecution methods.
Disclaimer: OpenSphere is not a law firm and does not provide legal advice. This article is for informational purposes only and should not be considered legal counsel. Immigration laws change frequently; always consult with a licensed immigration attorney for advice specific to your situation.
Not sure which visa is right for you? Take OpenSphere's free visa evaluation to get a personalized recommendation in minutes.
Section 212(e) of the INA requires certain J-1 exchange visitors to return to their home country for two years after completing their J-1 program before they can apply for an H, L, or K visa, or for permanent residency. This requirement applies to J-1 holders who meet any of these conditions:
Their program was funded by the U.S. or home country government
They are on their country's Skills List (occupations needed in their home country)
They came to the U.S. for graduate medical education or training
The home country government issues a statement that it has no objection to the J-1 holder remaining in the U.S. This is often the simplest method but is not available for physicians who came for graduate medical training.
A U.S. federal government agency requests the waiver because the J-1 holder's departure would be detrimental to a program or activity of interest to the agency.
The J-1 holder would be subject to persecution based on race, religion, or political opinion if forced to return to their home country.
Returning would impose exceptional hardship on the J-1 holder's U.S. citizen or permanent resident spouse or child. Note: hardship to the J-1 holder alone is not sufficient.
Each state can recommend up to 30 physicians per year for a waiver in exchange for 3 years of medical service in a designated underserved area (HPSA or MUA).
Step 1: Determine if you are subject to the two-year requirement (check your DS-2019 form or contact DOS). Step 2: Choose the appropriate waiver method. Step 3: File Form DS-3035 online with the DOS Waiver Review Division ($120 fee). Step 4: Submit supporting documentation based on the waiver category. Step 5: DOS reviews and makes a recommendation to USCIS (4-8 months). Step 6: USCIS adjudicates the waiver via Form I-612.
Item | Cost / Timeline |
|---|---|
DS-3035 filing fee | $120 |
DOS review time | 4-8 months |
USCIS I-612 processing | Additional 2-6 months |
Attorney fees | $3,000-$10,000 |
Total timeline | 6-14 months |
Some J-1 holders do not realize they are subject to the requirement. Check your DS-2019 form or request an advisory opinion from DOS.
USCIS will deny H, L, or K visa petitions for J-1 holders subject to 212(e) who have not obtained a waiver. The O-1 visa is an exception - J-1 holders can obtain O-1 status without a waiver, but must process through a consulate.
The no objection statement method is not available for J-1 physicians who came for graduate medical training. Physicians must use the Conrad State 30, IGA, hardship, or persecution methods.
Disclaimer: OpenSphere is not a law firm and does not provide legal advice. This article is for informational purposes only and should not be considered legal counsel. Immigration laws change frequently; always consult with a licensed immigration attorney for advice specific to your situation.
Not sure which visa is right for you? Take OpenSphere's free visa evaluation to get a personalized recommendation in minutes.
Frequently Asked Questions
How do I know if I am subject to the two-year requirement?
Check the bottom of your DS-2019 form. If it states "Bearer is subject to section 212(e)," you are subject to the requirement. You can also request an advisory opinion from the DOS Waiver Review Division. The requirement applies if your program was government-funded, you are on your country's Skills List, or you came for graduate medical training.
How do I know if I am subject to the two-year requirement?
Can I get an O-1 visa without a J-1 waiver?
Yes, with limitations. J-1 holders subject to 212(e) who have not obtained a waiver can receive O-1 status. However, they cannot change status within the U.S. and must process through a consulate abroad. This is one reason the O-1A is attractive for J-1 holders who need work authorization quickly.
Can I get an O-1 visa without a J-1 waiver?
How long does the J-1 waiver process take?
The Department of State review takes 4-8 months after filing Form DS-3035 ($120). USCIS adjudication via Form I-612 adds another 2-6 months. Total processing time is typically 6-14 months. Some waiver categories (like Conrad State 30) may have additional state-level processing steps.
How long does the J-1 waiver process take?
What is the Conrad State 30 program for physicians?
The Conrad State 30 program allows each U.S. state to recommend up to 30 J-1 physicians per year for a waiver of the two-year requirement. In exchange, the physician must commit to 3 years of full-time medical practice in a Health Professional Shortage Area (HPSA) or Medically Underserved Area (MUA). After completing the 3-year service, physicians commonly transition to EB-2 NIW green cards.
What is the Conrad State 30 program for physicians?
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