Department Of State J1 Waiver for the United States

Department Of State J1 Waiver Template for United States

The Department of State J-1 Waiver is a formal request to waive the two-year home residency requirement that applies to certain J-1 exchange visitors in the United States. This federal-level document, governed by U.S. immigration law, allows eligible individuals to avoid returning to their home country for two years after completing their exchange program. The waiver process is administered by the U.S. Department of State and must comply with federal regulations and specific program requirements.

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Department Of State J1 Waiver

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What is a Department Of State J1 Waiver?

The Department Of State J1 Waiver document is essential for J-1 visa holders who wish to remain in the United States without fulfilling the two-year home residency requirement. This requirement applies to individuals whose exchange program was funded by their government, involved specialized knowledge, or addressed a skill needed in their home country. The waiver can be requested based on various grounds including persecution, exceptional hardship, interested government agency support, or a no-objection statement from the home country. The process is strictly regulated under U.S. federal law and requires extensive documentation and justification.

What sections should be included in a Department Of State J1 Waiver?

1. Applicant Information: Complete biographical information including name, date of birth, country of citizenship, current address, and contact details

2. Program Information: Details of J-1 exchange program including program dates, sponsor information, and field of study/work

3. Two-Year Home Residency Requirement: Explanation of the applicable two-year foreign residence requirement under Section 212(e)

4. Basis for Waiver Request: Primary grounds and justification for seeking the waiver of the two-year requirement

5. Legal Authority: Reference to relevant sections of Immigration and Nationality Act and other applicable regulations

What sections are optional to include in a Department Of State J1 Waiver?

1. Exceptional Hardship Documentation: Required when waiver is based on exceptional hardship to U.S. citizen/resident spouse or child

2. Persecution Claims: Required when waiver is based on fear of persecution in home country

3. No Objection Statement Section: Required when application includes a statement from home country government

4. Interested Government Agency Details: Required for waivers based on request from a U.S. government agency

5. Conrad 30 Program Details: Required for medical physicians applying under the Conrad 30 program

What schedules should be included in a Department Of State J1 Waiver?

1. Form DS-3035: J-1 Visa Waiver Recommendation Application form

2. Supporting Documentation Schedule: Copies of passport, visa, DS-2019 forms, and other immigration documents

3. Evidence Appendix: Supporting evidence specific to the waiver basis (hardship documentation, persecution evidence, etc.)

4. Program Completion Documentation: Evidence of J-1 program completion or current status

5. Statement of Reason: Detailed written explanation supporting the waiver request

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Waiver

Cost

Free to use
Clauses
Industries

Immigration and Nationality Act (INA): Primary federal legislation governing immigration law, particularly Section 212(e) which establishes the two-year home residency requirement for J-1 visa holders

Mutual Educational and Cultural Exchange Act of 1961: Also known as the Fulbright-Hays Act, establishes the framework for educational and cultural exchange programs, including the J-1 visa program

22 CFR �� 41.63: Federal regulation detailing the two-year residence requirement for exchange visitors and waiver provisions

22 CFR �� 62: Comprehensive regulations governing the Exchange Visitor Program, including program requirements and compliance

8 CFR �� 212.7(c): Federal regulation outlining the processing procedures and requirements for J-1 waiver applications

State Department Foreign Affairs Manual: Official guidance document containing detailed procedures and policies for J-1 waiver processing by consular officers

No Objection Statement Requirements: Specific guidelines for obtaining a statement from the exchange visitor's home country government indicating no objection to waiving the two-year requirement

Persecution Waiver Guidelines: Requirements for demonstrating that the exchange visitor would face persecution based on race, religion, or political opinion if required to return home

Exceptional Hardship Criteria: Standards for proving exceptional hardship to a U.S. citizen or permanent resident spouse or child if the exchange visitor must return home

Interested Government Agency Requirements: Guidelines for federal government agencies to request waivers based on program or project importance to their agencies

Conrad 30 Program Requirements: Specific guidelines for medical physicians seeking waivers through state health departments to work in medically underserved areas

HHS Guidelines: Health and Human Services department requirements for medical-related waiver applications

VA Requirements: Department of Veterans Affairs specific requirements for waivers involving employment at VA facilities

State-Specific Conrad 30 Regulations: Individual state health department requirements and procedures for Conrad 30 waiver applications

USCIS Policies: U.S. Citizenship and Immigration Services policies and procedures related to J-1 waiver processing and approval

International Agreements: Bilateral agreements between the United States and other countries affecting J-1 waiver processing and requirements

Teams

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