How to Apply for a J-1 Waiver in 2026

For J-1 exchange visitors who need to leave the U.S. after their program ends, a J-1 waiver could allow you to stay in the country. A waiver could also give you the chance to apply for other types of visas or a Green Card.

There are five waiver types, each with its own requirements, and all waivers must go through months of processing with the Department of State (DOS) and the U.S. Citizenship and Immigration Services (USCIS). To avoid unnecessary delays or headaches, it’s best to speak with an immigration attorney before you start the process.

What is the J-1 waiver?

A J-1 visa waiver allows visa holders to avoid the two-year home-country physical presence requirement, which would force them to leave the U.S. for two years at the completion of their exchange program. 

An approved waiver gives you the ability to change your visa status, apply for a new nonimmigrant visa, or apply for lawful permanent resident status (a Green Card) as soon as you’re eligible.

Since the home-country requirement only applies to certain types of J-1 exchange visitors, a waiver isn’t necessary unless you’re in an affected group.

What is the two-year home-country physical presence requirement?

Certain J-1 holders must leave the U.S. after their visa status expires, as part of the two-year home-country physical presence requirement. If you fall into one of these three categories, the two-year requirement applies to you:

• Your exchange program was government-funded. This includes any program that was financed directly or indirectly by either the U.S. government or your home country’s government. Exchanges that were partially government-funded are included too.
• Your exchange was for graduate medical training. Any J-1 visa for schooling to receive graduate medical education or training is subject to the home-country rule.
• You’re covered by the “Skills List.” The U.S. Department of State maintains a list of specialty knowledge and skill sets that it believes benefit other countries. If your country and the skills you used as part of your exchange are included on the Skills List, the two-year requirement applies to you. The list is updated annually, with the latest version released in December 2024.

How to check if the two-year rule applies to you

Your exchange program sponsor or an experienced J-1 visa lawyer may be able to tell if you fall under the two-year home residency requirement. Another option is to ask the Department of State for an Advisory Opinion. This is a request to review your visa situation and send you an official determination of whether you’re subject to the two-year rule.

Use the J Visa Waiver Online portal to submit your request. Processing takes four to six weeks. Once you have a case number, you can check your request status through that same portal.

Before spending the time on an Advisory Opinion, it may also be worth taking the State Department’s 212(e) Survey. Available on the same portal webpage, the survey provides simple guidance on who falls under the rule.

J-1 waiver eligibility criteria

There are five types of J-1 waivers (you may see the State Department call them five bases for recommendation of a waiver):

• No Objection Statement (NOS)
• Persecution waiver
• Exceptional Hardship waiver
• Conrad 30 Program (for J-1 physicians)
• Interested government agency waiver

No Objection Statement (NOS)

You can qualify for an NOS waiver if the government of your home country affirms that it doesn’t object to you staying in the U.S. after your exchange program or the possibility that you could become a permanent resident.

Physicians on a current J-1 visa are unable to receive this waiver.

Persecution waiver

This waiver is available if you can provide credible evidence that returning to your home country would subject you to persecution based on your race, religion, or political opinion.

Exceptional Hardship waiver

You can qualify for this waiver if your spouse or child is a U.S. citizen or permanent resident (Green Card holder) and you have evidence that returning to your home country would cause them hardship. DOS explicitly states that separation from their family is not enough to qualify for exceptional hardship.

Conrad 30 Program

The Conrad 30 program is for J-1 visa holders who received graduate medical training and are accepting a full-time job from a U.S. state’s public health department (or equivalent). The goal of Conrad 30 is to bring more doctors to medically underserved areas.

Each state may have its own specific rules of eligibility, but these basic requirements always apply:

• You enter into a full-time employment contract to practice medicine on an H-1B visa for at least 3 years in an eligible area.
• You receive a written No Objection Statement from your home country if you would otherwise be contractually obligated to return home after your J-1 visa exchange.
• You begin employment within 90 days of receiving the waiver.

Interested Government Agency Waiver

If your J-1 exchange program is for a U.S. federal government agency, and it is in the public interest for you to remain in the country, the agency head or a designated official may apply for a waiver on your behalf.

Steps to apply for a J-1 waiver

J-1 waivers are reviewed by the Department of State’s Waiver Review Division, though you don’t always need to submit forms directly. While the process varies slightly by type of waiver, the steps below are a good starting point for all applicants.

1. Complete the J-1 waiver application (Form DS-3035)

Form DS-3035, the J-1 visa waiver application, is required for all five waiver categories. Access it online through the State Department’s J Visa Waiver Online page. After you go through it, the website will generate an application packet and a case number. 

You need to print the completed application packet with the barcode—printed in black and white, not color— and mail it to the address given in the instructions. You’ll also pay the application fee at this time.

Before you start Form DS-3035, have the following documents or information ready:

• Contact information, including a valid email and mailing address
• A valid passport containing your J-1 visa
• Legible copies of all DS-2019 or IAP-66 forms
• Form G-28 if you have an attorney or representative
• J-2 dependent names and dates of birth, if applicable
• Form I-94 Departure Record card if you’re still in the U.S. This is optional, but it’s useful to have, as it contains information about the validity period of your visa.

2. Submit supporting documents

Depending on your waiver type, your application may require additional documents.

For No Objection Statement waivers​​, a designated government official from your home country should submit a written statement through its embassy in Washington, D.C. The embassy will forward it to the Waiver Review Division. Request the waiver once you have a case number.

For persecution and exceptional hardship waivers, fill out Form I-612 and submit it to the United States Citizenship and Immigration Services (USCIS) at the address listed in the form instructions. USCIS will decide on your case and forward its waiver recommendation to the Department of State. Form I-612 also requires you to have the following, translated into English if necessary:

• A statement detailing the persecution or hardship that you believe you’ll experience
• Credible evidence of the persecution or hardship you allege
• Copies of all Forms DS-2019 and IAP-66 for all exchange programs in which you participated
• If applicable, copies of all your spouse’s Forms DS-2019 and IAP-66
• A copy of your Form I-94
• If applicable, evidence of your spouse’s or child’s U.S. citizenship or lawful permanent resident status (Green Card)
• If applicable, evidence of the relationship between you and your spouse or child
• If applicable, evidence of legal termination of all prior marriages for you and your spouse

Note that you have the option to wait until after USCIS reviews your case to pay the nonrefundable Form I-612 fee. If you pay when you submit, but USCIS doesn’t recommend you for a waiver, you lose that fee.

For Conrad 30 program waivers, the health department hiring you will need to submit documentation to the Waiver Review Division that proves that it offered you a valid job and that the job qualifies for a waiver. You will need to sign a work contract (if you haven’t already), share a curriculum vitae showing relevant experience, and provide copies of all your DS-2019 or IAP-66 forms. If you have a lawyer, you should also share Form G-28 with your sponsoring employer.

For interested government agency waivers, you will need to provide your curriculum vitae, sign a work contract, and potentially sign and date a statement affirming your waiver eligibility.

3. Answer additional information requests

You may need to provide additional documentation, which the Waiver Review Division will request from you through email. You should also respond through email.

4. Get a final decision from USCIS

After the Waiver Review Division decides on your application, it will forward its recommendation to USCIS, which has the final authority to approve or deny your waiver claim. USCIS will mail you a letter with its decision. It’s not until you get an approval letter from USCIS that you actually have an approved waiver.

How to track your J-1 waiver status

You can check the status of your waiver request through the online J-Visa Waiver Division portal. It can take three to four weeks for the online tracker to update.

You’ll need to submit the case number from your completed Form DS-3035. Then you’ll be able to see whether the Department of State has received your DS-3035 and the application fee. It will also show if there is additional documentation or evidence you need to submit.

After the State Department forwards its recommendation to USCIS, you will need to contact USCIS for updates on the processing of your application.

What to expect once your J-1 waiver is approved

Once your J-1 waiver is approved, you gain the ability to change your visa status or apply for a temporary worker visa (H), intracompany transferee visa (L), or fiancé visa (K), without having to leave the U.S. for two years.

You can also begin the process of applying for a Green Card. Depending on your situation, you may qualify for different types of Green Cards, like through an EB-1 or EB-2 visa.

Get help with your J-1 waiver application

The U.S. immigration system wasn’t designed to be easy, but we believe it should be understandable. If you’re considering a J-1 waiver, it helps to talk through your options with someone who’s done it before. Our attorneys can help you chart the smartest path forward, based on your situation and goals.

👉Request a consultation with Manifest Law’s experienced immigration lawyers and get the clarity you need to move forward. 

Frequently Asked Questions about the J-1 waiver

How long does a J-1 waiver take to process?

Expect to wait from three months to over two years. If you request an Advisory Opinion, that could add two months. Expedited processing is uncommon but possible if you have an urgent humanitarian need or your case offers significant benefit to the U.S. government.

Can I apply for a Green Card after getting a J-1 waiver?

Yes. If you’re eligible for a Green Card, you can begin the application process once you receive an approved J-1 waiver.

What if my home country refuses to issue a No Objection Statement?

Consider if you could qualify under another category, like the exceptional hardship or persecution waivers. Otherwise, you need to complete the foreign residence requirement. An immigration attorney can explain your options.

How do I appeal a denial?

A waiver denial cannot be appealed with the Department of State. If your Form I-612 for persecution or exceptional hardship was denied, USCIS may reconsider it if you have new evidence.