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. Did you submit another form version? We will return your waiver application 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 be immediately issued 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 must use will depend 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
P.O. Box 979037
1005 Convention Plaza
St. Louis, MO 63101-1200
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. We will return your application to you.
Next, submit your required supporting documents. These documents are extra to what you submitted in Step 2. What supporting documents must you submit? It will depend on the basis for which you request a waiver. Others must submit documents for you to the Waiver Review Division, if applicable. See the chart below. (We refer to others as “third party” following in this webpage).
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 to us any supporting documents for you. The Waiver Review Division will NOT follow up on missing required 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. Allow approximately 1 month after you and the third party submit all supporting document before checking.
Third parties must send supporting documents to:
Waiver Review Division
U.S. Department of State
CA/VO/DO/W
SA-17, Floor 11
Washington, DC 20522-1711
Your home country’s government must issue a No Objection Statement. Specifically, its Embassy in Washington, DC must issue the statement. It must state your government has no objection to you not returning to your home country to satisfy the two-year home-country physical presence requirement and no objection to the possibility of you becoming a U.S. lawful permanent resident.
The Embassy must send the No Objection Statement to the Waiver Review Division. (Note: The Embassy cannot provide it to you to submit.) Contact the consular section in your home country’s embassy in Washington, DC to make this request.
Alternatively, 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 permit foreign medical physicians who acquired J-1 status on or after January 10, 1977, to receive graduate medical education or training to request waivers under this basis.
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 why granting a waiver of the two-year home-country physical presence requirement is in the public interest of the United States and why it would be detrimental to the agency 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 Request on behalf of a J-2 applicant: 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:
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 selecting “Interested Government Agency (non-physician),” 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 also explain why your situation merits special consideration. 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 proceed with a waiver recommendation under this basis only if USCIS makes a finding of persecution.
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 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: Only foreign medical doctors who received their exchange visitor J-1 status to pursue graduate medical education or training may apply for a waiver under this basis.
Review the list of State Public Health Departments. The designated 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: Will you request a waiver under this basis and did you also receive funding from your home country government to participate in the exchange program? If so, then your home country’s government must submit a No Objection Statement to the Waiver Review Division. (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. You may send questions about your case or questions that are not answered on this website to 212ewaiver@state.gov. We will send you a response by email.
Has your contact information (address, phone number, or email address) changed? 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. We will use the contact information you provided on your online Form DS-3035.
Use this address to send us any further information or documents we request:
Waiver Review Division
U.S. Department of State
CA/VO/DO/W
SA-17, Floor 11
Washington, DC 20522-1711
Do not use this address when you are first submitting your waiver application and fee payment (Step 2).
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 |
12 to 16 weeks |
Interested U.S. Federal Government Agency |
8 to 12 weeks |
Persecution |
12 to 16 weeks |
Exceptional Hardship |
36 to 52 weeks |
State Public Health Department (Conrad State 30 Program) |
12 to 16 weeks |
Advisory Opinion | 4 to 8 weeks |
Notice: Some waiver recommendation applications require further administrative processing. It will take additional time for the Waiver Review Division to send its recommendation to USCIS for such cases.
Notice: Expedited processing is available in cases of urgent humanitarian need and/or significant U.S government interest. To request expedited processing, please send an email to 212ewaiver@state.gov outlining your circumstances and including any supporting documentation. Requests for expedited processing may be made by an applicant, his or her attorney, or a Member of Congress (or congressional staff acting on the Member’s behalf).
The Department of State, Waiver Review Division will forward its recommendation to USCIS. We will send you a copy of that recommendation at the address on your online Form DS-3035, or your current address if you reported a change.
If we do not recommend to USCIS that you be granted a waiver, we will send you a copy of the unfavorable waiver recommendation that we send to USCIS.
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.