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The Messersmith Law Firm, P.A. J-1 Waivers and INA §212(e)
J-1 Waiver Problems

Is the J-1 Waiver Processing Fee Refunded If You Withdraw the Application?

No. DOS expressly states that the waiver processing fee is not refunded when a waiver recommendation application is withdrawn.

Reviewed by Peter Messersmith · 2026-09-14
Quick Answer

No. DOS does not refund the waiver processing fee when a waiver recommendation application is withdrawn. If a later waiver application is filed, a new processing fee is required.

The fee is a processing fee

DOS characterizes the DS-3035 payment as a processing fee rather than a fee contingent on approval.

Withdrawal does not produce a refund

The current DOS FAQ expressly states that processing fees are not refundable if an applicant withdraws a waiver recommendation application.

The same nonrefund rule applies after denial

DOS also requires a new fee when an applicant submits a later waiver recommendation application after an unfavorable recommendation.

Consider downstream consequences before withdrawing

Before ending a pending case, the applicant should consider any related employer, visa, adjustment, physician-service, or filing-deadline consequences rather than viewing withdrawal only as a DOS fee question.

PRACTICE NOTE

Consider the Immigration Consequences Before Withdrawing

Withdrawal should not be evaluated only as a fee question. Before ending a pending waiver case, consider any related visa filing, adjustment case, employer plan, physician service obligation, or other immigration deadline that may depend on the waiver strategy.

Legal Authorities and Sources

  1. U.S. Department of State — J-1 Waiver Frequently Asked Questions
  2. U.S. Department of State — J-1 Waiver Processing Fee
  3. U.S. Department of State — J-1 Waiver Overview

Frequently Asked Questions

Will DOS refund my fee if I withdraw?

No.

Is the fee refundable if DOS denies the waiver?

No.

Will I pay again if I later submit another waiver application?

Yes.

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