Below please find an explanation of the J-1 Exchange Visitor Waiver Application from the US Department of State. ISSS cannot assist with the waiver process as the Department of State considers it to be a conflict of interest.
Steps in the 212(e) waiver process
First, review DOS Waiver Review Division Waiver Application Procedures . The information in this section is derived from that page.
Step 1 - Complete the Online J Visa Waiver Recommendation Application
To initiate a 212(e) waiver application:
- On J Visa Waiver Online Application , click the Complete an Online Application link, read and accept the "Privacy and Computer Fraud and Abuse Act Notices," and move through the menus that follow until arriving at the application form.
- Type the exchange visitor's personal data into the J-1 Visa Waiver Review Application, an online version of Form DS-3035.
- Choose the basis on which the exchange visitor is applying for the waiver, such as "no objection."
- If the applicant does not already have a Case Number, the system will reserve a Case Number.
- Generate document packet(s) and bar-coded form that is generated, printing them out in black ink only.
- Follow the mailing instructions at the end of the waiver application process.
Information from these items may be needed in order to accurately complete the online application:
- The individual's Case Number from prior requests or applications with the Waiver Review Division
- Any passport of the exchange visitor containing his/her U.S. visas
- Legible copies of all forms DS-2019 or IAP-66 forms
- Notice of Entry of Appearance as Attorney or Representative (G-28) (if applicable)
- Names and dates of birth of any J-2 dependents and/or the EV's J-1 spouse (if applicable)
- I-94 Departure Record card (if still in the U.S.)
- Alien Registration "A" Number (if applicable)
Step 2 - Mail your Waiver Application and Fee Payment
All waiver requests are subject to a processing fee [currently $120, but see the DOS website to verify the fee at the time of filing].
After completing the online application, submit the following documents to the Department of State:
- Your completed online application, Form DS-3035, with barcode that you printed;
- Legible copies of every/all Form DS-2019/IAP-66 ever issued to you;
- Two self-addressed, stamped legal-size envelopes; and
- The application fee. Review Exchange Visitor Visa Waiver Fee for detailed information about fee payment.
- The fee must be in the form of a cashier's check or money order payable to the U.S. Department of State
- Personal checks are not accepted.
- The cashier's check or money order must include the applicant's full name, waiver case number, date and country of birth, and Social Security number, if any.
- "Remittances must be drawn on a bank or other institution located in the U.S. and made payable in U.S. currency to the U.S. Department of State."
- "If the applicant resides outside the United States at the time of application, remittances may be made by bank international money order or foreign draft drawn on an institution in the U.S. and made payable to the U.S. Department of State in U.S. currency."
- Mail the above items in a single package to one of the following addresses, depending on whether is being sent via regular mail or via courier or express service:
Regular Mail or USPS express mail
US Department of State J-1 Waiver P.O. Box 979037 St. Louis, MO 63197-9000
Street address, for private express couriers
US Department of State J-1 Waiver P.O. Box 979037 1005 Convention Plaza St. Louis, MO 63101-1200
Note: The St. Louis address referenced above is only used for the initial fee collection. All correspondence and responses concerning the case after paying the waiver processing fee are sent to the Waiver Review Division general mailing address.
Step 3 - Submit Supporting Documents
In addition to what was submitted in Step 2 (bar-coded DS-3035 payment, copies of all DS-2019s/IAP-66s, waiver application fee), the Department of State Waiver Review Division must also receive required supporting documents, some of which (for example, a No Objection Statement from the exchange visitor's home country government if subject to 212(e) on the basis of the skills list or receipt of home government funding) must be provided to the Waiver Review Division directly by the third party.
Third parties (e.g. embassies sending no objection letters, etc.) must send supporting documents to:
Waiver Review Division US Department of State CA/VO/DO/W SA-17, Floor 11 Washington, DC 20522-1711
Step 4 - Check your Waiver Request Status and Update your Contact Information
DOS Waiver Review Division Waiver Application Procedures states:
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.
Step 5 - If the Waiver Review Division Needs More Information from You
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 US 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).
Step 6 - Processing Times
Processing times vary depending on the basis under which you request a waiver. The processing time estimate 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). Consult the Waiver Review Division's webpage for estimates.
Step 7 – Department of State Recommendation and Final Determination by USCIS
DOS Waiver Review Division Waiver Application Procedures states:
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.