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Frequently Asked Questions: Waiver of the Exchange Visitor

Two-Year Home-Country Physical Presence Requirement


To assist waiver applicants, these Frequently Asked Questions (FAQs) provide more detailed
information generally not provided on the Eligibility and Instructions webpages. Therefore,
ensure you have reviewed all relevant information available through the Waiver of the
Exchange Visitor Two-Year Home-Country Physical Presence Requirement webpage prior to
filing your online J-1 Waiver Recommendation Application, DS-3035.

Waiver Categories
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What are the bases upon which I can apply for a waiver of the two-year home-country
physical presence requirement?
Review the Waiver Eligibility webpage, which explains in detail the five bases set
forth in U.S. immigration law under which you may apply for a waiver of this
requirement. You may only apply under one waiver basis, so select the one basis
under which you believe you qualify for a waiver or that applies to your situation. The
five bases for recommendation of a waiver are:

No Objection Statement;
Request by an Interested U.S. Federal Government Agency;
Persecution;
Exceptional Hardship to a U.S. Citizen (or lawful permanent resident) Spouse
or Child of an Exchange Visitor; and
Request by a Designated State Public Health Department or its Equivalent
(Conrad State 30 Program).

No Objection Statement
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When in the application process should I request a No Objection Statement?
You should request the No Objection Statement from your home country government
once you have your waiver case number. You will receive your waiver case number
when you complete the online application. (See Step 1 of the Instructions.)
What if I cannot get a No Objection Statement from my home country?
If your home country will not issue a No Objection Statement on your behalf, then
you may apply for a waiver recommendation under one of the other bases, if it applies
to your situation. Otherwise, if none of the other waiver bases applies, you must fulfill
the two-year home-country physical-presence requirement.

Persecution and Exceptional Hardship


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Can I apply for a waiver recommendation based on persecution and exceptional hardship
simultaneously?
No. If you believe that you qualify for a waiver of the two-year home-country
physical presence requirement under both persecution and exceptional hardship to
your U.S. citizen (or legal permanent resident) spouse or child, you may apply for a
waiver recommendation under only one of these two bases.
How can I check the status of my Form I-612, Application for Waiver of the Foreign
Residence Requirement? USCIS has not yet made a decision of persecution or exceptional
hardship.
You must contact USCIS to check the status of your Form I-612.
My Form I-612 based on persecution or exceptional hardship was denied by USCIS. Can I
ask for reconsideration?
Requests to reconsider persecution or exceptional hardship applications must be made
to USCIS.

Interested U.S. Government Agency and State Public Health Department


(Conrad State 30 Program)
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As a physician who wants to work in a medically underserved area of the United States,
under which bases may I apply for a waiver recommendation?
You could apply for a waiver of the two-year home-country physical presence
requirement through the request of an Interested U.S. Federal Government Agency or
through the request of a designated State Public Health Department or its equivalent,
also known as the Conrad State 30 Program. You may apply using only one waiver
basis, and it must apply to your situation. Review information contained on the
Eligibility webpage and Step 3 on the Instructions webpage for details about both
waiver bases.
I am a physician and am subject to the two-year home-country physical presence requirement.
I plan to provide medical service in an underserved area in the United States and need to
apply for a waiver. How does a waiver on behalf of an interested U.S. federal government
agency differ from a waiver based on the request of a designated State Public Health
Department or its equivalent (also known as the Conrad State 30 Program)?
Review information contained on the Eligibility webpage and Step 3 on the
Instructions webpage. A key difference is:

Each designated State Public Health Department, or its equivalent, may make
only 30 such waiver requests per year.

Which areas have been designated as medically underserved by the U.S. Department of
Health and Human Services?

Review the U.S. Department of Health and Human Services website, as this
information falls under its authority.
I want to apply for a waiver recommendation based on the request of a Designated State
Public Health Department or its equivalent (Conrad State 30 Program). Who are the contact
persons for each state public health department?
Please refer to the list of designated points of contact for state public health
departments.

Check your Waiver Application Status and When to Contact Us


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How can I verify that the Waiver Review Division received my waiver recommendation
application, complete with all documents as explained in Steps 2 and 3 of the Instructions?
Once you have your waiver case number, you may check on the status of your waiver
recommendation by visiting the J Visa Waiver Online website and selecting Check
the status. After you have entered your case number, the system will indicate if your
DS-3035 online application, copies of your DS-2019/IAP-66 forms, and fee payment
(Step 2 of the Instructions) and supporting documents (Step 3 of the Instructions)
have been received. You should allow approximately one month from the time all
documents were submitted before checking your status online. If the system does not
indicate that your supporting documents were received (Step 3 of the Instructions),
then you need to check to verify that they were sent to us on your behalf.
For inquiries regarding your case or a Waiver of the Two-Year Home Residency
Requirement in general that have not been addressed by the website, you may send an
inquiry to 212ewaiver@state.gov for a response.
How can I inform the Waiver Review Division of a change in my contact information?
Please inform us of any change of address, phone number, or email address using the
J Visa Waiver Online website. Under What would you like do?, select Inform the
Department of State of a change to personal data. It is important that we have your
current contact information in case we need to contact you for further information and
so we can send you our recommendation decision.
My waiver recommendation application is still being processed by the Waiver Review
Division, and I have new information that may affect my eligibility for a waiver. What should
I do?
If you submitted a waiver recommendation application that is still pending a decision
by the Waiver Review Division and you have new relevant information, you may
send that information by mail to the Waiver Review Division. Use the address listed
in Step 5 of the Instructions. While it is possible to submit additional documents after
you have submitted your original application, we encourage all applicants to make
their best case when submitting their applications at the beginning of the process.

Denied Waiver Recommendations

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My waiver recommendation application was denied. Can I ask for reconsideration or appeal
the decision?
No. Waiver recommendation applications are thoroughly considered, and the Waiver
Review Division does not have a policy to reconsider applications once a final
determination has been made. Also, there is no policy for you to appeal the Waiver
Review Divisions determination. You may, however, reapply using another basis for
waiver, if another basis applies to your situation.
Why would a recommendation application be denied by the Waiver Review Division?
Recommendation applications are denied when the reasons given for requesting the
waiver do not outweigh the program and foreign policy considerations of the
exchange visitor program. For this reason, waiver recommendation applications from
exchange visitors who received U.S. government funding are generally denied.
My waiver recommendation application was denied, but I have new information that may
affect my eligibility. Can I send it to the Waiver Review Division and ask for reconsideration
of my denied application?
With one exception, a denied waiver recommendation application cannot be
reconsidered or appealed, and you should not apply again under the same basis as
used in your original waiver request. The one exception is if you requested a waiver
based on persecution or exceptional hardship to a U.S. citizen (or legal permanent
resident) spouse or child, and you have new relevant information which you believe
may result in a different decision. You may apply again to USCIS. However, please
be aware that you will need to submit a new waiver recommendation application,
including all documents listed in Steps 1 through 3 of the Instructions, and pay the
processing fee.

Dependent J-2 Spouses and Children


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I am the J-2 spouse or child of a J-1 exchange visitor who is subject to the two-year homecountry physical presence requirement. Am I also subject to this requirement?
Yes. A J-2 spouse or child is subject to the same requirements as a J-1 exchange
visitor.
My J-1 spouse or parent is subject to the two-year home-country physical presence
requirement and is applying for a waiver. Since I am also subject to this requirement, do I
need to apply for my own separate waiver recommendation, Form DS-3035, and pay the fee?
No. You are automatically included in your spouses or parents waiver
recommendation application. Your spouse or parent will need to list you when
completing the application for waiver recommendation, Form DS-3035.

If my J-1 spouse or parent obtains a recommendation for waiver of the two-year homecountry physical presence requirement, will it also apply to me, as a J-2 spouse or child of an
exchange visitor?
Yes. If your J-1 spouse or parent receives a favorable recommendation from the
Department of States Waiver Review Division, it will be forwarded to the U.S.
Citizenship and Immigration Services (USCIS). If USCIS grants the waiver to your J1 spouse or parent, then you will also benefit from that waiver.
My J-1 spouse or parent is subject to the two-year home-country physical presence
requirement, but is not applying for a waiver recommendation. May I, as his or her J-2 spouse
or child, apply?
With a few exceptions, J-2 spouses and children cannot independently apply for
waiver recommendations when their J-1 spouses or parents are not applying.
The exceptions where the Waiver Review Division will consider requests for waiver
recommendations from J-2 spouses and children are:

when the J-1 spouse dies;


when the J-1 and J-2 spouses divorce; and
when a J-2 child reaches age 21.

All such cases are evaluated by the Waiver Review Division on a case-by-case basis.
If you, as a J-2 spouse or child, believe that your situation merits special consideration
based on one of the exceptions above, you should complete online form DS-3035, pay
the processing fee (Steps 1 and 2 of the Instructions), and submit a statement
explaining why you are applying for a waiver and your J-1 spouse or parent is not.
Your statement should also explain why your situation merits special consideration.
As applicable, you must also submit:

a copy of your J-1 spouses death certificate;


a copy of the divorce decree from your J-1 spouse; or
a copy of your birth certificate, if you are a J-2 child age 21 or over.

Processing Fee
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If I withdraw my waiver recommendation application, will my processing fee be refunded?
No. Processing fees are NOT refundable.
I previously applied for a waiver recommendation and was denied. Must I pay the processing
fee again if I reapply under another waiver basis?
Yes. Since the fee is a processing fee, it is kept whether your waiver request is
approved or denied. However, you should use the same case number as used in your
first request for any subsequent applications.

Skills List
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What is the Exchange Visitors Skills List and where can I find it?
It is a list of fields of specialized knowledge and skills that are deemed necessary for
the development of an exchange visitors home country. See the Exchange Visitors
Skills List for more information.
Which countrys skills list applies to me?
Generally, the country skills list for your country of citizenship or nationality applies
to you. However, if the country of your citizenship or nationality differs from the
country of your last legal permanent residence at the time you obtained your J-1
exchange visitor status, the skills list from the country of your last permanent
residence at the time you obtained your J status would apply. Please note that some
countries do not have skills lists.

Exchange Visitors not returning to their home countries


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I am a former J-1 exchange visitor from country X. Instead of returning home to country X
after I completed my program in the U.S., I moved to country Y. Can I fulfill the two-year
home-country physical presence requirement in country Y?
Generally, the country which was your country of legal permanent residence when
you received your J-1 status is the country to which you must return to fulfill the twoyear home-country physical presence requirement, unless you obtain a waiver or the
exception discussed in the next FAQ applies to you.
Can I serve my two-year home-country physical presence requirement in the U.S. or a third
country?
The period of time you spend in the United States or a third country after your
exchange visitor program has ended may count toward fulfillment of the two-year
home-country physical presence requirement, if you are employed by your home
countrys government, in its military service, or in its career foreign service and you
are serving in a country other than your home country at the behest of your home
countrys government. Before the Waiver Review Division can determine whether
you have satisfied the physical presence requirement, we require a written statement
from an official of your home government (through the home country's embassy in
Washington, DC) that you were or will be serving in the United States or a third
country in the service of your home country and at that government's request.

Case Number
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How do I know what my case number is?

You will be issued a case number after you have completed the DS-3035 online
application, available on the J Visa Waiver Online website. Although the application
cannot be submitted online, the online system provides you a case number
immediately, along with further instructions.
Do I keep the same case number if I apply for future waivers of the two-year home-country
physical presence requirement?
Yes, you will use the same case number for all future waiver recommendation
applications or advisory opinion requests. If you initially submitted an advisory
opinion request, use that same number when you apply for a waiver(s) at a later date.

DS-2019/IAP-66 Forms
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Where can I obtain copies of lost DS-2019/IAP-66 forms?
The responsible officer or alternate responsible officer of the exchange visitor
program in which you participated while on the J-1 visa should be able to supply you
with copies of lost DS-2019/IAP-66 forms. However, it is your responsibility to keep
all your DS 2019/IAP-66 forms. The Waiver Review Division cannot proceed with
your waiver recommendation application until you have provided copies of all of your
DS-2019/IAP-66 forms.
I cannot get duplicate copies of my DS-2019/IAP-66 forms. What should I do?
The Waiver Review Division will accept a signed letter from your responsible
program officer with information about your program and your participation in it.

Exchange Visitor Program Funding


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How do I determine if my exchange visitor program was funded by the U.S. government, my
home countrys government, or an international organization that received funding from the
U.S. government or my home countrys government?
You should consult with your responsible program officer for assistance in making
this determination. If your participation in an exchange visitor program was funded
either in whole or in part by the U.S. government, your home countrys government,
or an international organization that received funding from the U.S. government or
your home countrys government, then you are subject to the two-year home-country
physical presence requirement.

Eligibility Information - Waiver of the Exchange Visitor TwoYear Home-Country Physical Presence Requirement
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Am I subject to the two-year home-country physical presence requirement?
As a current or past exchange visitor (J-1) visa holder, you are subject to the two-year
home-country physical presence requirement, also known as the foreign residence
requirement under U.S. law, for one or more of the following reasons:

Government funded Exchange Program - You participated in an exchange


program that was funded in whole or in part by a U.S. government agency,
your home countrys government, or an international organization that
received funding from the U.S. government or your home countrys
government.
Specialized Knowledge or Skill You participated in an exchange program
involving an area of study or field of specialized knowledge that has been
designated as necessary for further development of your home country and
appears on the Exchange Visitor Skills List for your home country.
Graduate Medical Education/Training - You participated in an exchange
program to receive graduate medical education or training.

For information about the specific U.S. laws that created the two-year home-country
physical presence requirement, refer to References U.S. Laws, numbers 1, 2, and 3.
What does being subject to this requirement mean?

You are required to fulfill this requirement by returning to your home country for a
cumulative total period of at least two years. You are not prohibited from travelling to
the United States, but until you have fulfilled the two-year home-country physical
presence requirement, you are not permitted to do any of the following:

Change status while in the United States to the nonimmigrant categories of


temporary worker (H) or intracompany transferee (L);
Adjust status while in the United States to immigrant visa/lawful permanent
resident status (LPR);
Receive an immigrant visa at a U.S. Embassy or Consulate; or
Receive a temporary worker (H), intracompany transferee (L), or fianc (K)
visa.

There is a provision in U.S. law for a waiver of this requirement by the Department of
Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS),
when applied for by the former exchange visitor and recommended by the Department
of State, Waiver Review Division. Learn more about requesting a waiver.
Does the two-year home-country physical presence requirement apply to me?
Exchange visitors are generally made aware of this requirement when they agree to
participate in exchange visitor programs or at their visa interviews.
However, if you are unsure whether this requirement applies to you or your situation,
you should request in writing that the Department of State, Waiver Review Division
conduct an advisory opinion. An Advisory Opinion is a review of your exchange
visitor program documents to determine if you are subject to this requirement. Learn
more on the Advisory Opinions webpage.
You may take the survey available on the J Visa Waiver Online webpage. You will
need to provide information about yourself and your exchange visitor program in
order to complete the survey. IMPORTANT NOTICE: The online survey is not an
official determination of whether the two-year requirement applies to you. You must
request an Advisory Opinion for an official determination.
I have a spouse and/or children who had J-2 status based on my participation in an exchange
visitor program. I am subject to the two-year home-country physical presence requirement.
Are they also subject to this requirement?
Yes. Please review further information about dependent spouses and children on the
Frequently Asked Questions webpage.
I want to request a waiver of the two-year home-country physical presence requirement from
the U.S. Citizenship and Immigration Services (USCIS).
If you are subject to the two-year home-country physical presence requirement, but
you are not able to fulfill the requirement, you may apply to the Department of State,
Waiver Review Division for a recommendation that USCIS grant a waiver under any
one of the five applicable bases set forth in U.S. immigration law. Choose the one
basis that you qualify for or applies to your situation.

Five Bases for Recommendation of a Waiver


1. No Objection Statement:
Your home country government may issue a No Objection Statement through its
embassy in Washington, DC directly to the Waiver Review Division that it has no
objection to you not returning to your home country to satisfy the two-year homecountry physical presence requirement and no objection to the possibility of you
becoming a lawful permanent resident of the United States. The No Objection
Statement may also be issued by a designated ministry in your home countrys
government and sent to the U.S. Chief of Mission, Consular Section at the U.S.
Embassy within that country. The U.S. Embassy would then forward it directly to the
Waiver Review Division.
Important Notice: U.S. law does not permit foreign medical physicians who
acquired exchange visitor (J-1) visa status on or after January 10, 1977, for the
purpose of receiving graduate medical education or training to use this option. For
more information about the relevant U.S. law, see References U.S. Laws, number 1.
2. Request by an Interested U.S. Federal Government Agency:
If you are working on a project for or of interest to a U.S. federal government agency,
and that agency has determined that your departure for two years to fulfill the twoyear home-country physical presence requirement would be detrimental to its interest,
that agency may request an Interested Government Agency Waiver on your behalf.
The Interested Government Agency request must be signed by the head of the agency
or his or her designee and submitted directly to the Waiver Review Division.
Any U.S. federal government agency may request a waiver under this basis. Review
Designated Officials for Signatures for a listing of interested government agencies
and names of their designated officials. (NOTE: This list does not contain
information for all U.S. federal agencies. It only contains information from agencies
that have provided the Department of State, Waiver Review Division with the names
of individuals authorized to sign letters requesting waivers under this basis.)
Important Notice: For Interested Government Agency requests on behalf of
foreign physicians who agree to serve in health professional shortage areas or
medically underserved areas, please refer to Step 3 of the How to Apply Instructions.
For more information about the relevant law, see References U.S. Laws, number 3.
3. Persecution:
If you believe that you will be persecuted based on your race, religion, or political
opinion if you return to your home country, you may apply for a persecution waiver.
This waiver basis requires that you submit Form I-612, Application for Waiver of the
Foreign Residence Requirement, directly to USCIS. USCIS will forward its decision
directly to the Department of States Waiver Review Division. The Waiver Review
Division will proceed with the waiver recommendation under this basis only if USCIS
makes a finding of persecution.

4. Exceptional Hardship to a U.S. citizen (or lawful permanent resident) spouse


or child of an exchange visitor:
If you can demonstrate that your departure from the United States would cause
exceptional hardship to your U.S. citizen or lawful permanent resident (LPR) spouse
or child, you may apply for an exceptional hardship waiver. Please note that mere
separation from family is not considered to be sufficient to establish exceptional
hardship. This waiver basis requires that you submit Form I-612, Application for
Waiver of the Foreign Residence Requirement, directly to USCIS. USCIS will
forward its decision directly to the Department of States Waiver Review Division.
The Waiver Review Division will proceed with the waiver recommendation under
this basis only if USCIS makes a finding of exceptional hardship.
5. Request by a designated State Public Health Department or its equivalent
(Conrad State 30 Program):
If you are a foreign medical graduate who obtained exchange visitor status to pursue
graduate medical training or education, you may request a waiver of the two-year
home-country physical presence requirement based on the request of a designated
State Public Health Department or its equivalent, if you meet all of the following
criteria. This waiver category is also known as the Conrad State 30 Program. You
must:

have an offer of full-time employment at a health care facility in a designated


health care professional shortage area or at a health care facility which serves
patients from such a designated area;
agree to begin employment at that facility within 90 days of receiving a waiver;
and
sign a contract to continue working at that health care facility for a total of 40
hours per week and for not less than three years.

Review the listing of State Public Health Departments. Each department is allowed to
request 30 such waivers per federal fiscal year. 10 of the 30 requests may be for
exchange visitor physicians who will serve at facilities which may not be located
within a designated health care professional shortage area but which serve patients
who live within such a designated area. The state public health department will
forward the Conrad State 30 Program request directly to the Waiver Review Division,
if it agrees to sponsor you for such a waiver.
For information about the specific U.S. laws that created this waiver category, refer to
References U.S. Laws, numbers 4 and 5.
References U.S. Laws
The chart below contains a list of U.S. laws relevant to waivers of the two-year homecountry physical presence requirement.
Law:

Information about the Law:

Section 212(e) of the


Immigration and Nationality
Act

Title 22, Part 40, Section


40.202 of the Code of
Federal Regulations

Title 22, Part 41, Section


41.63 of the Code of Federal
Regulations

This law established the Conrad State 20 Program (later


changed to the Conrad State 30 Program). It allows federal
Section 220(c) of the
Immigration and Nationality programs to waive the two-year home-country physical
Technical Corrections Act presence requirement for foreign physicians, who received J-1
of 1994 (INTCA) (Public status to pursue graduate medical education/training, in return
Law 103-416)
for at least 3 years of medical service to patients in or from
underserved areas.

Public Law 112-176

Under these laws, J visa holders who meet certain criteria are
not able to change status to or receive visas in the following
categories until they have returned to their home countries for at
least 2 years or until they receive waivers from USCIS: H, L, K,
or immigrant lawful permanent resident (LPR).

This law extended the Conrad State 30 Program until


September 30, 2015.

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