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J-1 Waiver: Online Filing Required

Worlwide Information Exchange 101400031 Worlwide Information Exchange 101400031

Worlwide Information Exchange 101400031The Department of State’s Waiver Review Division (WRD) has announced that it will accept only online filings of Form DS-3035 for the J-1 Waiver as of February 01, 2009.

J-1 Visa Two Year Foreign Residence Requirement

Certain J-1 visa holders are subject to the two-year J-1 home residence requirement of Section 212(e) of the Immigration and Nationality Act, which requires them to return to their last country of residence for a period of two years following completion of a J-1 visa program in the United States.

J-1 Waiver Online

The United States Department of State’s J-1 Waiver Online web site allows J-1 visa holders who are seeking a waiver of 212(e) to reserve a case number and begin the paperwork for their J-1 waiver request to the Department of State Waiver Review Division. The J-1 visa holder or representative can control the data entry regarding the J-1 waiver to ensure an error-free submission.  J-1 Visa Waiver Online creates a bar-coded document that will facilitate processing by the Waiver Review Division. As a result, processing times will be reduced. Those J-1 visa holders who have a case number can submit changes to their contact information or check the status of their J-1 Waiver case file.

Note that it is not currently possible to submit all J-1 waiver related data electronically, or to pay any J-1 waiver fees online. All documentation and fees for J-1 Waiver applications must continue to be mailed to the Department of State.The J-1 Waiver Online web site allows a J-1 exchange visitor (“EV”) to begin the process of requesting a waiver of the two-year home residency requirement.

J-1 Waiver Online Process

The online J-1 Waiver process works as follows:

  1. Type the J-1 exchange visitor’s personal data into the J-1 Visa Waiver Review Application, an online version of Form DS-3035.
  2. Choose a basis on which the J-1 visa holder is applying for the waiver, such as “no objection”.
  3. The system will reserve a case number for the J-1 Waiver applicant. If the applicant already has a case number, please enter it on the Exchange Visitor Information page.
  4. Generate document packet(s) and bar coded cover sheet(s).
  5. Follow the mailing instructions at the end of the waiver application process.

J-1 Waiver Required Documentation

Before you begin the J-1 Waiver process, please ensure that you have the following documentation readily available. Each document listed below contains information that you will need in order to complete the J-1 Waiver application.

  • Any passport of the J-1 visa holder containing his/her US visas.
  • Legible copies of all 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 (spouse or children) and/or the J-1 visa holder’s J-1 spouse (if applicable).
  • J-1 visa holder’s I-94 Departure Record card (if still in the United States).
  • J-1 visa holder’s Alien Registration “A” Number (if applicable).

IMPORTANT NOTICE:  The J-1 waiver applicant will have 60 minutes to complete each application page, at which point the session will automatically end. It is recommended that you complete explanatory answers in a Word or text document first to allow yourself more time. You will be able to cut and paste from the Word or text document into the application.

Finally, please note that submission of inaccurate or incomplete information slows J-1 Waiver processing times.

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