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The Messersmith Law Firm, P.A. J-1 Waivers and INA §212(e)
Interested Government Agency Waivers

Can a University or Private Employer Request an Interested Government Agency Waiver?

A private employer, university, hospital, or research institution is not itself the Interested U.S. Federal Government Agency unless it is a federal agency. It may, however, help establish why the applicant's work is important to a federal agency that is willing to request the waiver.

Reviewed by Peter Messersmith · 2026-09-14

The formal requester must be a U.S. federal agency

DOS identifies this waiver basis as a request by an Interested U.S. Federal Government Agency.

A university may perform federally important work

A university researcher may work on a federally funded grant, federal contract, national research initiative, or project of direct interest to a federal agency even though the university itself is not the federal requester.

The employer can help document the importance of the work

Employer or university materials may help explain the applicant's expertise, project responsibilities, funding, milestones, recruitment difficulty, and the consequences if the applicant must leave.

The federal agency must make its own determination

The employer's support does not substitute for the required federal-agency request. The interested federal agency must decide to sponsor and submit the IGA letter itself.

Legal Authorities and Sources

  1. U.S. Department of State — Request by an Interested U.S. Federal Government Agency
  2. U.S. Department of State — J-1 Waiver Eligibility
  3. 8 U.S.C. §1182(e)

Frequently Asked Questions

Can my university sign the IGA letter?

The formal IGA request must come from the interested U.S. federal government agency, not merely from a private or state university.

Can my employer help with the case?

Yes. Employer evidence can help demonstrate the importance of the applicant's work to the interested federal agency.

Does federal grant funding automatically make my university a federal agency?

No.

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