The J-1 Visa, Exchange Visitor Visa: Waiver of the 2 Year Residency Requirement

How to obtain a waiver for the 2 year residence requirement under Section 212(e) for J-1 visa

Those entering the US with a J-1 visa are sometimes subject to a two year residency requirement. If this is the case, he or she must obtain a waiver of the requirement before he or she can change to another nonimmigrant status or go through the process to adjust status (also know as the green card process).

First, you must fill out the DS-3035 Application which can be found at the US Department of State website (https://j1visawaiverrecommendation.state.gov/).

Once you complete an application online, you will reserve a case file number and receive a bar coded data sheet. These are required in order to process your application. The bar code page must be included when you submit payment. Also include a printed copy of your completed online application.

If you received approval on IAP-66, enter N0000000000 (make sure there are 10 zeros following the “N”) for the DS-3035 item 12, SEVIS number.

For DS-3035, item 12, Subject Field Code, enter 00. Followed by the four digit Subject Field Code from the IAP (for example, if the four digit code from the IAP were 2345, then you would enter 00.2345).

For DS-3035, item 17, you should enter February 1, 1999 if you entered the US on a J visa more than 12 years ago.

Are my spouse and children subject to the 2 year residency requirement if they are dependent of my J-1 visa?

Yes. If the J-1 visa holder is subject to the residency requirement, then his or her spouse and any dependent children will be subject to the 2 year residency requirement as well.

What are the requirements to apply for the J-1 two year residency requirement waiver?

1. The J-1 visa holder has a US citizen spouse, permanent resident spouse, or unmarried minor child and establishes that compliance with the 2 year residency requirement would impose severe or exceptional hardship on the spouse or child.
2. The J-1 visa holder establishes that returning to his or her home country would subject the visitor to persecution based on his or her religion, race or political opinion.
3. A US government agency requests that the US Secretary of State recommend a waiver of the residency requirement because enforcing the requirement would be detrimental to the agency in some capacity.
4. The country of the visitor’s nationality or last foreign residence issues a written statement declaring that it does not have an objection to a waiver of the residency requirement.

Immigration Attorney Assistance with J-1 Visas

To learn more about the J-1 visa application procedures, please contact immigration attorney direct line (949)228-3922 or email me at attorney@lawofficesofjackcsung.comto receive a free consultation with immigration attorney.  Office hours are Monday to Saturday from 9:00AM to 9:00PM, and email consultation is available 24 hours a day, 7 days a week.  Immigration law office located at 2975 Wilshire Blvd. Suite 352 in Los Angeles, California.  Free immigration consultation and advice within 24 hours guaranteed.