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J-1 Visa - Frequently Asked Questions

49.

In a situation when my application for "no-objection" statement is denied, will it be reconsidered?

No, J1 waiver applications are exhaustively considered, and it is the policy of the Waiver Review Division not to reconsider No Objection statement applications once a final determination has been made. You may, however, reapply using another statutory basis for waiver should another one apply to your situation.

50.

Based on an interested U.S. government agency (IGA) application, what are the requirements for J-1 visa waivers?

You will require:

  • A letter from the designated official of the interested U.S. Government agency explaining why:
  • Granting such a waiver is in the public interest of the U.S.
  • It would be detrimental to the agency if you return to your home country to fulfill the two-year requirement
  • All DS-2019 Forms, the data sheet application, and two self-addressed stamped envelopes

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51.

Based on the fear of persecution if I return to my home country, how do I apply for a waiver?

Apply directly to the USCIS on Form I-612 Application for Waiver of the Foreign Residence Requirement. If your waiver is granted, USCIS will notify you directly.

52.

Can I apply for a J-1 waiver based on my twin fear of persecution and the exceptional hardship that could be faced by my family on my returning to the home country?

No, persecution claims should never be intertwined with claims of exceptional hardship.

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