Read the Eligibility Information before you begin your waiver application.
Complete Form DS-3035, available on the J Visa Waiver Online webpage. Follow the online instructions. You must use the online form. If you submitted another form version, your waiver application will be returned to you without the processing fee. The fee is non-refundable.
Important Information for Completing the Online J Visa Waiver Recommendation Application, Form DS-3035:
Your information will download into a barcode after you complete the online form. You will immediately receive a waiver case number and further instructions. Next, you must print your online Form DS-3035 with barcode. You must print the barcode in black and white. Do not print in color.
Mail the following items to one of the two addresses below. The address you use depends on the mailing method you choose:
Postal Service
Department of State J-1 Waiver
P.O. Box 979037
St. Louis, MO 63197-9000
Courier Service
Department of State J-1 Waiver
Attn: 979037
3180 Rider Trail South
Earth City, MO 63045
IMPORTANT NOTICE: You must submit your application with barcode and fee payment together. Did you submit one item without the other? We will return that item to you, and we will not process your application.
We process your application fee at our office in St. Louis, MO. Next, we forward your case to the Department of State, Waiver Review Division in Washington, DC. We will not process an application sent to the incorrect address and will return the application to you.
Next, submit your required supporting documents. These documents are in addition to what you submitted in Step 2 and vary depending on the basis for which you request a waiver. If applicable, certain supporting documents will need to be submitted directly to the Waiver Review Division by third parties. See the chart below.
Waiver Basis |
Organization (Third Party) |
Your home country's government |
|
Interested U.S. federal government agency |
|
USCIS |
|
Exceptional Hardship to a U.S. Citizen (or lawful permanent resident) spouse or child |
USCIS |
Request by a Designated State Public Health Department or its Equivalent (Conrad State 30 Program) |
Designated State Public Health Department or its Equivalent |
You must ensure that third parties send us any supporting documents required for you. The Waiver Review Division will NOT follow up on missing supporting documents.
Next, you may verify we received supporting documents from third parties. You may check your application status on the J Visa Waiver Online webpage but note that updates can take at least 3-4 weeks to appear there.
Third parties must send supporting documents as pdf attachments to:
You are only able to pursue a "no objection" waiver if your home country’s government has issued a No Objection Statement. Specifically, its Embassy in Washington, DC must issue the statement. The statement must affirm that your government has no objection to:
The Embassy must send the No Objection Statement to the Waiver Review Division at WRD-NOS@state.gov (Note: This inbox will only accept emails sent from designated embassy officials. Your embassy cannot provide it to you to submit and emails from applicants or other individuals will not be answered.) To make this request, reach out to the consular section in your home country’s embassy in Washington, D.C.
As an alternate option, a designated ministry in your home government may issue the No Objection Statement. The ministry would then send it 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.
Note: U.S. law does not allow foreign medical physicians to request waivers under this basis if they acquired J-1 status on or after January 10, 1977 for graduate medical education or training.
A request by an interested U.S. federal government agency must be in a letter. The head of the agency, or his or her designee, must sign the letter and submit it to the Waiver Review Division. (Note: The interested U.S. federal government agency cannot provide the letter to you to submit.) The letter must explain:
(i) why granting a waiver of the two-year home-country physical presence requirement is in the public interest of the United States; and
(ii) why it would be detrimental to the agency’s program or activity of interest if you must return to your home country to fulfill the requirement.
Any U.S. federal government agency may request a waiver under this basis.
Interested Government Agency Request on behalf of a foreign physician who agrees to serve in a medically under-served area - The interested U.S. federal government agency must send the following supporting documents to the Waiver Review Division. (Note: The interested agency cannot provide the supporting documents to you to submit.):
"I,__________(your name) hereby declare and certify, under penalty of the provisions of 18USC.1001, that: (1) I have sought or obtained the cooperation of_______(enter name of U.S. Government agency which will submit/is submitting an Interested Government Agency Waiver request on your behalf to obtain a waiver of the two-year home-country physical presence requirement); 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 two-year home residence requirement.";
Interested Government Agency Request from the Department of Veterans Affairs (VA) on behalf of an exchange visitor physician to serve in a VA hospital:
Interested Government Agency (IGA) Request on behalf of a J-2 applicant:
Apart from the exceptions noted below, J-2 spouses and children cannot independently apply for waiver recommendations when their J-1 spouses or parents are not applying.
In the following cases, the Waiver Review Division will consider requests for waiver recommendations from J-2 spouses and children:
The Waiver Review Division evaluates each case on an individual basis. The State Department will act on behalf of such applicants only rarely and for humanitarian circumstances.
If you are a J-2 spouse or child and believe that your situation falls under one of the exceptions above, you should complete the online form DS-3035. On the form, select “Interested Government Agency (non-physician)” and pay the processing fee, and submit a statement explaining why you are applying for a waiver and your J-1 spouse or parent is not. Your statement should explain why your situation merits special consideration, and your application should include a request for the Department of State to act as an IGA on your behalf based on the humanitarian circumstances in your case. As applicable, you must also submit:
You must submit Form I-612, Application for Waiver of the Foreign Residence Requirement to the U.S. Citizenship and Immigration Services (USCIS). USCIS will forward its decision to the Waiver Review Division. The Waiver Review Division will consider a waiver recommendation under this basis only if USCIS makes a finding of persecution.
You may complete the DS-3035 waiver application with fee payment (Steps 1 and 2) either before you submit Form I-612 to USCIS or after USCIS has informed the Waiver Review Division that it made a finding of persecution. If you complete Steps 1 and 2 before you submit Form I-612 to USCIS, you will not receive a refund of the application fee if USCIS does not make a persecution finding.
Note: Mere separation from your U.S. citizen (or lawful permanent resident) spouse or child is not sufficient to establish exceptional hardship.
You must submit Form I-612, Application for Waiver of the Foreign Residence Requirement to the U.S. Citizenship and Immigration Services (USCIS). USCIS will forward its decision to the Waiver Review Division. The Waiver Review Division will proceed with a waiver recommendation under this basis only if USCIS makes a finding of exceptional hardship.
You may complete the waiver application with fee payment (Steps 1 and 2) either before you submit Form I-612 to USCIS or after USCIS has informed the Waiver Review Division that it made a finding of exceptional hardship. If you complete Steps 1 and 2 before you submit Form I-612 to USCIS, you will not receive a refund of the application fee if USCIS does not make an exceptional hardship finding.
Note: This waiver basis only applies to foreign medical doctors who received their exchange visitor J-1 status to pursue graduate medical education or training.
Review the list of State Public Health Departments. The relevant state public health department must send the following to the Waiver Review Division. (Note: The state public health department cannot provide these items to you to submit.):
NOTE: If you received funding from your home country government to take part in the exchange program, your government must submit a No Objection Statement to the Waiver Review Division to apply under this waiver basis. (Please see No Objection Statement instructions.) The No Objection Statement is in addition to the waiver request by the designated state public health department, explained above. The No Objection Statement must state that it is for a Request by a Designated State Public Health Department (or its equivalent), or a Conrad State 30 Program, waiver.
After you complete Steps 1-3, your waiver application is complete. To check the status of your case, go to the J Visa Waiver Online webpage and select “Check the status.” Next, enter your case number. It will say if we received your DS-3035 online application and fee payment (Step 2 of the Instructions) and supporting documents (Step 3 of the Instructions). The system will also inform you if any required documents are missing. Allow approximately one month after submitting a complete application before checking your status. For answers to most common questions and concerns visit our Navigator.
Has your contact information (address, phone number, or email address) changed? Did you forget to include an email address? You must update your information on the J Visa Waiver Online webpage. Select “Inform the Department of State of a change to personal data.” We can contact you only if we have your accurate contact information.
If we need more information or documents from you, we will contact you via email at the email address you provided on your online Form DS-3035.
You should email any requested information as PDF documents from your email address of record on your Form DS-3035 to 212eWaiver@state.gov. Use the following model for the subject line: Request for Additional Information for John Doe: Case #185XXXX.
Processing times vary depending on the basis under which you request a waiver. The times listed below are estimates only. The processing time for your application begins when your file is complete. Your file is complete when we have your waiver application, processing fee, copies of DS-2019/IAP-66 forms (Step 2), and all required documents (Step 3).
No Objection Statement |
4 to 6 months |
Interested U.S. Federal Government Agency |
2 to 3 months |
Persecution |
2 to 3 months |
Exceptional Hardship |
4 to 6 months |
State Public Health Department (Conrad State 30 Program) |
3 to 4 months |
Advisory Opinion | 1 to 2 months |
Notice: Some waiver recommendation applications need further administrative processing. It will take additional time for the Waiver Review Division to send its recommendation to USCIS in such cases.
The Department of State, Waiver Review Division will forward its recommendation to USCIS and will notify you via email once we have done so. After the Waiver Review Division sends its recommendation to USCIS, you must contact USCIS for the status of your case as the Department of State no longer has jurisdiction.
USCIS makes the final determination on your waiver request. USCIS will decide whether to approve or deny your waiver application. USCIS will notify you at the address you provided. After the Waiver Review Division sends its recommendation to USCIS, you must contact USCIS for the status of your case.
USCIS is the final waiver authority. You do not have a waiver of the two-year home-country physical presence requirement until USCIS informs you of an approved waiver.