How to Secure a J-1 Visa Waiver in 2025

J-1 visa holders sometimes look for ways to avoid the requirement of a two-year home-country physical presence. This blog answers their pressing immigration questions, such as who qualifies, the five waiver options, and how an Immigration Question Attorney can help simplify the waiver application process. 

What Is a J-1 Visa Waiver? 

Many exchange visitors on J-1 visas and their J-2 family members must return to their home country for two years after completing their U.S. program. 

However, some J-1 visa holders may apply for a J-1 visa waiver to avoid this requirement by filing Form DS-3035 (J-1 Visa Waiver Recommendation Application). Those applying under hardship or persecution grounds will also need Form I-612 (Application for Waiver of the Foreign Residence Requirement). 

Who Needs a J-1 Waiver? 

A J-1 holder may be subject to the two-year home-country requirement if: 

• Their program received government funding from the U.S., their home country, or international organizations funded by either. 

• They studied in a specialized field listed on their country’s Exchange Visitor Skills List. 

• They participated in graduate medical education or training under a J-1 visa. 

What are the Bases for a J-1 Visa Waiver? 

To secure a waiver, you must qualify under one of these five legal bases: 

1. No Objection Statement

• Issued by your home country’s embassy in Washington, DC 

• States your country has no objection to you remaining in the U.S. 

• Must be sent directly to the U.S. Department of State’s Waiver Review Division. 

2. Request by a U.S. Federal Agency

• If a U.S. federal agency deems your absence detrimental to its project, it can sponsor your waiver. 

• Requires signature from the agency head or designee 

3. Persecution

• You fear persecution based on race, religion, or political opinion if you return 

• Requires Form I-612, submitted to USCIS 

• USCIS must determine persecution exists before the Department of State proceeds 

4. Exceptional Hardship to a U.S. Spouse or Child

• You must prove that your departure would cause exceptional hardship 

• Mere separation is not enough 

• Requires Form I-612 and a finding of hardship from USCIS 

5. State Public Health Department Request 

• Foreign medical graduates are eligible  

• Must have a full-time job offer in a shortage area 

• Must start within 90 days of receiving the waiver 

• Must sign a 3-year, 40-hours/week contract 

Are Family Members Eligible for a Waiver? 

J-2 dependents are tied to the J-1 applicant. They must be included in the Form DS-3035 submitted by the J-1 holder. Waivers are extended to them only if the J-1 applicant’s waiver is approved. 

Can a J-2 Holder Apply for a Waiver Independently?  

There are exceptional circumstances when a J-2 holder can apply independently. Such as; 

• If the J-1 visa holder is deceased 

• If there has been a divorce 

• When the J-2 child turns 21 

What Could Cause a Waiver Denial? 

Waiver applications are often denied when the request does not outweigh U.S. program or foreign policy interests. 

Instances that tend to result in denials include: 

• J-1 holders who received U.S. government funding 

• Incomplete documentation or weak justification 

Can You Appeal the Denial? 

You cannot appeal a J-1 visa waiver denial. If denied, you must reapply on a different ground. The only exception to reapply under the same basis is under the “Persecution and hardship grounds” if there are new, relevant facts to support the case. 

How to Apply for a J-1 Visa Waiver in 2025 

1. Choose a legal ground: Identify your waiver basis from the five options.
2. Complete the forms: File Form DS-3035 (J-1 Visa Waiver Recommendation Application) and Form I-612 (Application for Waiver of the Foreign Residence Requirement) if needed.
3. Compile documents: Gather supporting evidence to support your application for a waiver.
4. Submit all forms and pay the application fee
5. Track the status of your application through the U.S. Department of State’s Waiver Review Division 

Need Legal Help? Ask an Immigration Question Attorney 

Immigration Question connects you with verified lawyers specializing in J-1 visa waiver applications. Visit Immigration Question today to find an Immigration Question Attorney and begin your waiver application. 

Frequently Asked Questions About J-1 Visa Waiver

1. What is the purpose of a J-1 visa waiver? 

A J-1 visa waiver allows certain exchange visitors to avoid the two-year home-country physical presence requirement after their program ends. It is helpful for those who wish to stay in the U.S. for work, family, or other immigration benefits. 

2. How do I apply for a J-1 waiver in 2025?

Start by filing Form DS-3035. If your waiver basis is persecution or exceptional hardship, also file Form I-612 with USCIS. Supporting documents and a waiver fee are required. An Immigration Question Attorney can guide you through the steps. 

3. Can a J-2 dependent apply for a waiver separately?

In most cases, J-2 family members must be included in the J-1 holder’s waiver application. However, J-2s may apply independently if the J-1 dies, a divorce occurs, or the J-2 child turns 21. 

4. How long does the J-1 waiver process take?

Processing times can vary from a few months to over a year, depending on the waiver category and whether your case requires additional review. An Immigration Question Lawyer can help reduce delays. 

5. Where can I get legal help with my J-1 waiver application?

Visit Immigration Question to find an experienced Immigration Question Attorney who can assist with your application and increase your chances of approval.