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

Can You Apply for a J-1 Waiver While Living Outside the United States?

Yes. DOS permits former J-1 exchange visitors to pursue a waiver and publishes specific fee-payment instructions for applicants who are outside the United States.

Reviewed by Peter Messersmith · 2026-09-14

Former J-1 exchange visitors remain covered

DOS expressly states that the two-year requirement can apply to both current and former exchange visitors.

Physical presence in the United States is not required to file DS-3035

The DOS waiver process is available to former exchange visitors who remain subject and need the requirement waived.

DOS provides an overseas payment method

If the applicant is outside the United States, DOS permits payment by an international money order or foreign draft from an institution in the United States, in U.S. currency and payable to the Department of State.

Living in a third country usually does not satisfy the requirement

Moving from the United States to a third country generally does not count toward the two years in the required home country, subject to the narrow home-government service exception.

Legal Authorities and Sources

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

Frequently Asked Questions

Do I have to be physically in the United States to file DS-3035?

No.

Can I pay the DOS fee while abroad?

Yes. DOS publishes a specific overseas payment method.

Does living in another foreign country satisfy the two-year rule?

Generally no.

Need Help With a J-1 Waiver?

The Messersmith Law Firm represents J-1 exchange visitors, physicians, researchers, professionals, and families in complex INA §212(e) matters.

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