How to Get a J-1 Visa 212(e) Waiver

Overview

The 212(e) two-year home residency requirement is a condition placed on certain J-1 visa holders that requires them to return to their home country for at least two years before they can apply for certain U.S. visas (H, L, K) or permanent residence. If you’re subject to this requirement, you may be able to apply for a waiver to avoid returning home.

Who Is Subject to 212(e)?

You may be subject to the two-year home residency requirement if:

• Government funding: Your J-1 program was funded by the U.S. government or your home country’s government
• Skills list: Your field of expertise is on your home country’s “skills list” (fields where your country needs trained professionals) — Note: Many countries were removed from this list in December 2024
• Graduate medical education: You came to the U.S. for medical training (ECFMG sponsored)

How to Check If You’re Subject to 212(e)

Look at your DS-2019 form. Check the bottom of the form for a statement about the two-year requirement:

• “Bearer is subject to section 212(e)” = You ARE subject to the requirement
• “Bearer is not subject to section 212(e)” = You are NOT subject

Five Ways to Get a 212(e) Waiver

1. No Objection Statement (NOS)

Your home country’s government issues a letter stating they have no objection to you staying in the U.S.

• Best for: Most J-1 holders not in medical training
• Process: Contact your home country’s embassy in Washington, D.C.
• Processing time: 3-6 months
• Not available for: J-1 physicians (ECFMG sponsored)

2. Request by U.S. Government Agency (IGA)

A U.S. federal government agency requests a waiver on your behalf because your work is in the public interest.

• Best for: Researchers, scientists working on government projects
• Process: The agency must initiate the request
• Processing time: 4-8 months

3. Persecution Waiver

You would face persecution based on race, religion, or political opinion if you return to your home country.

• Best for: Those with genuine fear of persecution
• Process: File Form I-612 with USCIS, then DS-3035 with DOS
• Evidence needed: Country conditions, personal circumstances
• Processing time: 6-12 months

4. Exceptional Hardship to U.S. Citizen/Permanent Resident

Your departure would cause exceptional hardship to your U.S. citizen or permanent resident spouse or child.

• Best for: Those married to U.S. citizens or with U.S. citizen children
• Requirements: Must prove hardship beyond normal separation
• Evidence needed: Medical, financial, educational, psychological factors
• Processing time: 6-12 months

5. Conrad 30 Waiver (for Physicians)

State health departments can sponsor J-1 physicians who agree to work in underserved areas for 3 years.

• Best for: J-1 physicians willing to work in underserved areas
• Requirements: 3-year commitment to work in a Health Professional Shortage Area (HPSA)
• Limit: Each state can sponsor up to 30 physicians per year
• Processing time: 6-12 months

Filing Fees

Step-by-Step Waiver Process

For No Objection Statement (Most Common)

1. Request NOS from your embassy: Contact your home country’s embassy in Washington, D.C. and request a No Objection Statement
2. Embassy sends NOS to DOS: Your embassy sends the letter directly to the U.S. Department of State
3. Complete DS-3035 online: Fill out the J-1 Waiver Recommendation Application at j1visawaiverrecommendation.state.gov
4. Pay the fee: $120 processing fee (check or money order payable to U.S. Department of State)
5. Print and mail: Print the DS-3035 with barcode in black and white, mail with copies of all DS-2019 forms
6. Wait for DOS recommendation: DOS reviews and sends recommendation to USCIS
7. USCIS issues approval: Once approved, you’re free from the 212(e) requirement

For Persecution or Exceptional Hardship

1. Complete DS-3035 online: Fill out the form at j1visawaiverrecommendation.state.gov
2. Pay DS-3035 fee: $120 to U.S. Department of State
3. File Form I-612 with USCIS: Submit to USCIS Lockbox with supporting evidence
4. Pay I-612 fee: $1,100 to U.S. Department of Homeland Security
5. USCIS reviews I-612: USCIS makes determination and forwards to DOS
6. DOS issues recommendation: If USCIS approves, DOS sends final recommendation
7. Receive waiver approval: Once approved, the 212(e) requirement is permanently waived

Required Documents

Processing Times

After Waiver Approval

Once your 212(e) waiver is approved:

• You can apply for H-1B, L-1, K-1 visas
• You can apply for a green card
• You can change status to F-1 without restrictions
• Keep your approval notice in a safe place — the waiver is permanent and does not expire

Common Mistakes to Avoid

• Assuming you’re not subject: Always verify with an Advisory Opinion if unsure
• Waiting too long: Start the process early — it can take 6+ months
• Wrong waiver type: Choose the waiver basis most likely to succeed for your situation
• Incomplete application: Missing documents cause delays
• Not checking embassy requirements: Each country has different NOS procedures
• Printing in color: The DS-3035 barcode must be printed in black and white only
• Sending fees separately: Submit your DS-3035 application and fee payment together

Frequently Asked Questions

Can I stay in the U.S. while my waiver is pending?

Yes, if you’re in valid status (J-1, F-1, etc.), you can remain in the U.S. while your waiver application is pending.

What if my waiver is denied?

You can try a different waiver basis, or you must fulfill the two-year home residency requirement before applying for restricted visa categories.

Can I change to F-1 without a waiver?

Yes, but only if you’re NOT subject to 212(e). If you ARE subject, you should obtain a waiver first.

How long is the waiver valid?

Once approved, the waiver is permanent. You never need to fulfill the two-year requirement.

My country was removed from the Skills List in December 2024. Am I still subject?

If you were admitted to the U.S. on a J-1 visa before December 9, 2024, and your country is no longer on the Skills List, you may not be subject to 212(e) based on the Skills List. However, you could still be subject based on government funding or graduate medical training. Request an Advisory Opinion to confirm.

Is the DS-3035 fee refundable?

No. The $120 DS-3035 fee and $1,100 I-612 fee are both non-refundable, even if your waiver is denied.