How Does 22 C.F.R. §41.63(b) Govern Hardship and Persecution Waivers?
22 C.F.R. §41.63(b) requires hardship and persecution applicants to begin with DHS through Form I-612 and describes the later Department of State recommendation stage.
The applicant begins with DHS
Paragraph (b)(1) directs the exchange visitor seeking hardship or persecution relief to submit the waiver application designated by DHS, currently Form I-612.
USCIS makes the threshold finding
If DHS determines that the required hardship or persecution standard is met, DHS transmits its determination and supporting summary to the Department of State's Waiver Review Division.
DOS then reviews its own statutory interests
For hardship cases, the regulation directs WRD to review the program, policy, and foreign-relations aspects before making its recommendation.
The regulation separates agency functions
The structure explains why a favorable USCIS hardship or persecution finding is not, by itself, the end of the waiver process.
Frequently Asked Questions
Which agency receives Form I-612 first?
USCIS or DHS.
Does DOS make the initial hardship finding?
No.
Does DOS still participate after a favorable USCIS finding?
Yes.
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.
Contact Us