J1 Waiver

J1 Waiver: Who Needs One And How To Obtain J1 Waiver

The J-1 waiver foreign residence requirement (also known as the two-year home residency requirement) applies to certain J-1 exchange visitors under U.S. immigration law. If the requirement applies, J-1 holders must return to their home country for two years before they are eligible to apply for certain immigration benefits, such as an H-1B visa, an L visa, or adjustment of status to a green card.

One of the common reasons this requirement applies is when the exchange visitor's field of study or work is listed on the Exchange Visitor Skills List, which is a country-specific list of fields deemed critical to the home country's development.

Key Points about the Skills List Requirement

Purpose of the Skills List

• The list includes areas of expertise or study that the U.S. government and the J-1 participant's home country agree are in demand or critical for the home country's development.
• The idea is to ensure that exchange visitors contribute their knowledge and skills to their home country's growth after completing their program.

Who It Affects

If a J-1 exchange visitor's field of study, training, or expertise is on their home country's Skills List, they are subject to the two-year home residency requirement. For example, if a J-1 holder from India studied a subject that is listed on India's Skills List, they would need to return to India for two years unless a waiver is granted.

Checking the Skills List

• The Skills List is periodically updated and can be accessed on the U.S. Department of State's website or through your immigration attorney.
• Each country has its own Skills List, and not all countries have one.

Steps to Find the Skills List

1. Visit the U.S. Department of State Website: The official page for the Exchange Visitor Skills List is located at the Department of State's Bureau of Educational and Cultural Affairs section.
2. Direct Link: You can access the PDF of the Skills List directly from the DOS website.
3. Download the PDF: The Skills List is organized by country, and each country lists specific fields of expertise that trigger the two-year home residency requirement.
4. Check Regular Updates: The Skills List is periodically updated, so make sure you are viewing the latest version.

How to Use the Skills List

• Locate your home country in the document.
• Review the listed fields of study, expertise, or work areas for your country.
• If your field appears, the two-year home residency requirement applies unless you secure a waiver.

Effective Date – Which Skills List Applies?

The 2024 Skills List applies to J exchange visitors who are admitted in J status, or who obtained J status, on or after December 9, 2024. If you were admitted to the United States in J status or obtain J status on or after December 9, 2024, and your country is on the 2024 Skills List, you are subject to the two-year home country physical presence requirement based on the Skills List.

If you were admitted to the United States in J status or obtained J status before December 9, 2024, and your country is not on the 2024 Skills List, you are not subject to the two-year home country physical presence requirement based on the Skills List; however, you may be subject to the requirement based on funding from the U.S. government or your home country government, or if you received graduate medical education or training in the United States.

Waiver of the Skills List Requirement

A J-1 waiver may exempt the individual from the two-year home residency requirement. To obtain a waiver, the applicant must qualify under one of the following five bases:

• No Objection Statement (NOS): The home country's government agrees to waive the requirement.
• Request by a U.S. Government Agency: A U.S. federal agency requests the waiver because the J-1 holder’s skills are needed in the U.S.
• Persecution: The J-1 holder would face persecution in their home country based on race, religion, or political opinion.
• Exceptional Hardship: The waiver applicant's U.S. citizen or lawful permanent resident spouse or children would suffer exceptional hardship if the applicant had to fulfill the two-year requirement.
• Conrad 30 Program: For J-1 physicians who agree to work in medically underserved areas in the U.S.

Practical Tips

• Consult the Skills List: Check whether your area of training or expertise is on your home country's Skills List before applying for a J-1 visa or considering waiver options.
• File for a Waiver Early: Waiver processes can take months or longer, so start early if you believe you qualify.
• Provide Detailed Evidence: For waivers based on hardship or persecution, comprehensive documentation is essential.

NOTE: 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 country’s 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 country’s government. Before the Waiver Review Division can determine whether you have satisfied the physical presence requirement, the US government requires 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.

The process to request a J-1 waiver of the two-year home residency requirement involves multiple steps, documentation, and coordination with different U.S. and home country entities. Here’s an overview of the process:

Step-by-Step Process

Detailed instructions available at travel.state.gov.

1. Determine Eligibility

Identify which basis for the waiver applies to your situation:

• No Objection Statement (NOS): Your home country’s government does not object to waiving the requirement.
• Request by a U.S. Government Agency: A U.S. federal agency needs your skills and requests the waiver.
• Persecution: You would face persecution in your home country due to race, religion, or political opinion.
• Exceptional Hardship: Your U.S. citizen or permanent resident spouse or children would face extreme hardship if you were required to leave.
• Conrad 30 Waiver: For physicians agreeing to work in medically underserved areas.

2. File Form DS-3035 (Waiver Review Application)

• Complete Form DS-3035, the official Waiver Review Application, available on the Department of State (DOS) website.
• Pay the non-refundable application fee (currently $120, but confirm the latest fee on the DOS website).
• Obtain the case number after submitting Form DS-3035. This will be used for tracking your waiver application.

3. Gather Required Documents

Required documents may include:

• Form DS-3035 with the payment confirmation.
• Copies of all DS-2019 (or IAP-66) forms issued during your J-1 program.
• Detailed explanation and evidence supporting your waiver basis.
• Passport data page copy.
• Marriage certificate or birth certificate (if filing for exceptional hardship).
• Persecution evidence (if applicable).

4. Request Supporting Documentation (if applicable)

For a No Objection Statement (NOS):

• Contact the embassy or consulate of your home country in the U.S. to request the NOS. Each country has its own procedures.

For a U.S. Government Agency Request:

• Obtain a formal letter from the requesting federal agency explaining the need for your waiver.

For Conrad 30 Waiver:

• Work with the state public health department or agency to secure their recommendation.

5. Submit Your Waiver Application Packet

Mail the required documents to the Waiver Review Division of the U.S. Department of State at the address specified in the DS-3035 instructions.

6. Monitor Your Case Status

Use the case number assigned during the DS-3035 submission to track the progress of your waiver application on the DOS website.

7. Receive Recommendation from DOS

The Department of State will review your application and supporting evidence. They may issue a favorable or unfavorable recommendation to U.S. Citizenship and Immigration Services (USCIS).

8. USCIS Final Decision

If the DOS issues a favorable recommendation, USCIS will make the final determination. File Form I-612 (Application for Waiver of the Foreign Residence Requirement) with USCIS if required. USCIS will notify you of the final decision.

Processing Times

Processing times vary based on the waiver basis and agency involvement. It may take 6–12 months or longer.

Practical Tips

• Plan Early: Start the waiver process as soon as possible, as it can take significant time.
• Consult an Immigration Lawyer: Waiver cases often involve complex legal arguments, especially for persecution or hardship cases.
• Keep Copies of Everything: Maintain a detailed record of all forms, correspondence, and documents submitted.
• Regularly Check Case Status: Delays can occur, so stay proactive in tracking your case.

For detailed guidance, visit the U.S. Department of State's J-1 Waiver page or consult with an experienced immigration lawyer.

When Form I-612 is Not Required for J-1 Waiver

Form I-612 (Application for Waiver of the Foreign Residence Requirement) is not required for certain types of J-1 waiver applications. Whether it is required depends on the basis for the waiver. Here's a breakdown:

When Form I-612 is NOT Required

No Objection Statement (NOS)

• Your home country issues a No Objection Statement to the U.S. Department of State (DOS), so Form I-612 is not required.
• The home country's statement is submitted directly to DOS as part of the waiver process.

U.S. Government Agency Request

• If a U.S. government agency (e.g., Department of Health and Human Services, Department of Defense) submits a waiver request on your behalf, Form I-612 is not needed.
• The agency must provide a detailed explanation to DOS about why your skills are essential to a U.S. program or mission.

Conrad 30 Waiver

• For J-1 physicians applying for a Conrad 30 waiver, Form I-612 is not required.
• This program allows physicians to work in a medically underserved area in exchange for a waiver of the two-year requirement.

When Form I-612 IS Required

Exceptional Hardship

• If the two-year residency requirement would cause exceptional hardship to your U.S. citizen or lawful permanent resident (LPR) spouse or children, you must file Form I-612.
• This form is filed with USCIS, not the DOS.

Persecution

• If you fear persecution in your home country due to race, religion, or political opinion, Form I-612 is required.
• The application is also filed with USCIS, and you must provide detailed evidence of the persecution claim.

How to Determine If Form I-612 Is Required

• Check your waiver basis (e.g., NOS, government request, hardship, persecution).
• Review the instructions for both Form DS-3035 and Form I-612 to confirm whether the I-612 filing is applicable to your case.
• Consult an immigration attorney if you're unsure.

Practical Notes

• Even if Form I-612 is not required, you must still complete Form DS-3035 as part of the waiver process.
• Each waiver basis has its own procedural and documentary requirements. Ensure you provide accurate and complete documentation to avoid delays.

For further clarification, you can review the official USCIS Form I-612 page or the DOS J-1 waiver page.

Eligibility Requirements for a Conrad 30 Waiver

• Hold a J-1 Visa: The applicant must be a J-1 exchange visitor and subject to the two-year home residency requirement.
• Graduate Medical Education or Training: The J-1 physician must have completed a U.S.-accredited residency or fellowship program in a medical specialty.
• Job Offer in a Medically Underserved Area: The physician must have a full-time job offer to practice medicine in a Health Professional Shortage Area (HPSA), a Medically Underserved Area (MUA), or serve a medically underserved population (MUP).
• State Sponsorship: The physician must obtain sponsorship from a U.S. state through its Conrad 30 Program. Each state can recommend up to 30 waivers per fiscal year (hence the name "Conrad 30").
• Work Agreement: The physician must sign an employment contract agreeing to:
  • Work full-time (typically 40 hours/week).
  • Commit to practice in the underserved area for a minimum of three years.
• Timely Application: The waiver application must be submitted while the physician is still in J-1 status or during the grace period after J-1 status ends.

Special Considerations

• Flex Slots: States can use up to 10 of their 30 slots to sponsor physicians working outside designated HPSAs/MUAs if the physician serves a significant underserved population.
• Primary Care or Specialty Care: While the program prioritizes primary care physicians, specialists may also qualify if the state determines there is a need.

Steps to Apply for a Conrad 30 Waiver

1. Secure a Job Offer: Obtain a job offer in a qualified underserved area that meets state and program requirements.
2. Contact the State Health Department: Each state has its own Conrad 30 Program rules and application process. Visit the state health department’s website or contact them for detailed instructions.
3. Prepare and Submit Application to the State: Include:
   • Employment contract.
   • Proof of job location in an HPSA/MUA.
   • DS-2019 forms (current and previous).
   • No Objection Statement (if applicable).
   • A cover letter explaining the physician’s qualifications and the need for the waiver.
4. State Recommendation: If approved, the state will forward the recommendation to the U.S. Department of State (DOS).
5. DOS Review: DOS will review the application and issue a favorable recommendation to U.S. Citizenship and Immigration Services (USCIS) if all criteria are met.
6. USCIS Decision: File Form I-612 with USCIS for final adjudication. USCIS will issue the waiver if all conditions are satisfied.

Practical Tips

• Start Early: Some states allocate their 30 slots quickly, so apply as early as possible in the fiscal year (October 1).
• Tailor Your Application: Address state-specific requirements, as each state has unique priorities and processes.
• Legal Guidance: Work with an immigration lawyer experienced in J-1 waivers and employment-based immigration to avoid errors or delays.

Resources

• Visit the Conrad State 30 Program page on your target state’s health department website.
• Refer to the U.S. Department of Health and Human Services’ Shortage Designation Finder to confirm eligible locations: https://data.hrsa.gov/tools/shortage-area.

By following these steps, you can increase your chances of successfully obtaining a Conrad 30 Waiver!

What’s the Alternative to a Conrad 30 Waiver?

If you are a J-1 physician subject to the two-year home residency requirement and cannot or do not want to pursue a Conrad 30 Waiver, there are several alternative waiver options you can explore. Each has specific eligibility requirements and focuses on different circumstances:

1. No Objection Statement (NOS) Waiver

Description: Your home country’s government issues a No Objection Statement to the U.S. Department of State (DOS) stating that it has no objection to waiving your two-year home residency requirement.

Best for: Physicians whose home governments are cooperative and willing to support their request.

Limitations:

• Not available if you received U.S. government funding (e.g., Fulbright scholarships).
• Does not guarantee approval; DOS and USCIS still have to grant the waiver.

2. U.S. Government Agency Request

Description: A U.S. federal government agency requests a waiver because your work is deemed crucial to its mission.

Best for: Physicians who are engaged in medical research, public health, or other specialized work that a federal agency (e.g., Department of Health and Human Services) finds valuable.

Examples of Agencies:

• Department of Veterans Affairs
• Department of Health and Human Services

Limitations:

• You must prove your skills are essential and cannot be easily replaced.
• Federal agency support can be difficult to obtain.

3. Exceptional Hardship Waiver

Description: If your U.S. citizen or lawful permanent resident (LPR) spouse or children would face exceptional hardship if you had to fulfill the two-year home residency requirement, you can request a waiver.

Best for: Physicians with immediate family in the U.S. who would experience significant hardship if they had to relocate or be separated.

Examples of Hardship:

• Health issues
• Financial dependency
• Education disruptions

Requirements:

• File Form I-612 with USCIS
• Provide extensive evidence of hardship

Limitations:

• The hardship must exceed normal family separation difficulties.

4. Persecution Waiver

Description: If you fear persecution in your home country due to your race, religion, political opinion, or membership in a particular social group, you can apply for a waiver.

Best for: Physicians who would face serious threats to their safety or freedom if they returned to their home country.

Requirements:

• File Form I-612 with USCIS
• Submit detailed documentation proving the likelihood of persecution

Limitations:

• Requires significant and credible evidence.
• Must demonstrate a direct and personal risk.

5. Interested Government Agency (IGA) Waiver

Description: A U.S. state or federal agency can sponsor a waiver for reasons other than medically underserved areas.

Best for: Physicians working on projects critical to U.S. interests, such as public health initiatives or research.

Key Agencies:

• Department of Energy (for scientific research)
• Department of Defense (for military-related projects)

Limitations:

• Less common for clinical practitioners and more applicable to researchers.

6. Other State-Specific Waiver Programs

Some states offer programs similar to Conrad 30 but with slightly different rules.

Examples:

• Delta Regional Authority Waiver: Focuses on areas in the Mississippi Delta region.
• Appalachian Regional Commission Waiver: Targets underserved areas in the Appalachian region.

Choosing the Right Alternative

Your choice depends on your circumstances:

• If you have immediate family in the U.S., an Exceptional Hardship Waiver may be the best option.
• If you fear danger in your home country, consider a Persecution Waiver.
• If you're involved in a federal program or project, an Interested Government Agency Waiver may apply.

For personalized advice, consult with a New York immigration lawyer familiar with J-1 waiver cases. The Skills List and other requirements can be complex, and guidance ensures the best outcome for your case. Call Us at 917-885-2261