What Must the Federal Agency Prove in an IGA Waiver Request?
DOS requires the federal agency's letter to explain why granting the waiver is in the public interest of the United States and why requiring the applicant to return home for two years would be detrimental to the agency's program or activity.
The letter must explain U.S. public interest
DOS expressly requires the agency to explain why granting a waiver of the two-year requirement is in the public interest of the United States.
The letter must explain agency detriment
The agency must also explain why the applicant's required two-year departure would be detrimental to the agency's program or activity of interest.
Specific project consequences are stronger than general praise
The agency can identify the applicant's specialized expertise, current responsibilities, project deadlines, continuity needs, replacement difficulty, national priorities, research impact, public services, or other concrete program consequences.
The legal focus is the federal interest
Personal hardship to the applicant or employer may provide context, but the IGA waiver is fundamentally based on the interested federal agency's determination concerning the U.S. public interest and its own program or activity.
Frequently Asked Questions
What two issues must the IGA letter address?
Why the waiver is in the U.S. public interest and why the applicant's departure would harm the agency's program or activity.
Is being a valuable employee enough?
Not by itself. The request should tie the applicant's continued presence to the interested federal agency's program or activity.
Is family hardship the main IGA standard?
No. Family hardship is a separate statutory waiver basis.
Need Help With a J-1 Waiver?
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