J-1 exchange visitors subject to the 212e 2-year Home Country Residence Requirement may be able to obtain a waiver of the requirement by applying to the Waiver Review Division (WRD) of the U.S. Department of State (DOS).
It is important to note that J-1 visa holders are expected to complete their research, teaching or study objective within the time allowed in their J-1 category (limits apply to Non-Degree Students, Research Scholars/Professors, Short-term Scholars, and Specialists). The two-year home residency rule enforces this expectation. If you have identified that you are subject to the two-year home residency rule, then you may need to request a waiver if you cannot comply with the requirement.
There are different types of waivers* depending on how you are subject to the residency requirement. The most common option for obtaining a waiver is via a “No Objection Statement.”
At present, waiver applications are taking more than eight months to receive final approval from USCIS .
The WRD will make a recommendation to U.S. Citizenship and Immigration Service (USCIS) for or against the waiver. USCIS makes the final decision, although in most cases it accepts the WRD’s recommendation.
The DOS has detailed instructions to apply for a waiver. Given that this is a personal application between your home government, yourself, and the U.S. government, ISSS can only provide basic information.
It is extremely important that you notify ISSS before submitting the waiver application. Once a waiver recommendation has been approved by DOS, no further J-1 documents can be issued (for Academic Training, extension, or transfer) as it will void your waiver approval.
*J-1 Scholars with U.S. Government Funding
Certain exchange visitors who are subject to the 2-year home country residence requirement are not able to obtain waivers using this procedure. Exchange visitors who are subject due to U.S. government funding (i.e., Fulbright, etc.) may not be eligible to apply for a waiver based on a “no objection statement.” The WRD usually takes the position that an exchange visitor who received U.S. government funding is required to return home to fulfill the goals of the program that funded you. If you do not wish to fulfill the residence requirement, you need to determine if you are eligible to apply for a waiver through one of the other procedures available to applicants. Consult the DOS website for more information.