What Does 22 C.F.R. §41.63 Govern?
22 C.F.R. §41.63 is the principal Department of State regulation implementing the two-year home-country physical presence requirement and the Department's waiver recommendation process.
Paragraph (a) states the statutory framework
Section 41.63 begins by restating the statutory bases for §212(e) and the principal waiver mechanisms.
Paragraphs (b) through (e) address major waiver routes
The regulation separately addresses hardship and persecution, interested government agency requests, No Objection statements, and State Department of Public Health physician requests.
Paragraph (f) addresses changed circumstances
Hardship and persecution applicants have a continuing regulatory obligation to notify DHS of material changed circumstances while the application is pending.
Paragraph (g) establishes the Waiver Review Board
The regulation also establishes a Department of State Waiver Review Board and identifies circumstances in which cases may receive Board review.
Frequently Asked Questions
Which regulation principally governs DOS J-1 waiver recommendations?
22 C.F.R. §41.63.
Does the regulation cover No Objection?
Yes.
Does it cover hardship and persecution?
Yes.
Need Help With a J-1 Waiver?
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