What Does 22 C.F.R. §41.63(c) Require for an IGA J-1 Waiver?
22 C.F.R. §41.63(c) implements the Interested Government Agency waiver process and requires a qualifying federal agency request explaining the public interest and the harm to the agency's program or activity if the exchange visitor cannot continue.
The request comes from a U.S. government agency
The regulation implements the statutory IGA mechanism by requiring a request from an interested U.S. government agency rather than merely from the exchange visitor or private employer.
The agency must explain the public interest
The request must explain why granting the waiver would serve the public interest.
The agency must explain the detrimental effect
The regulation also requires an explanation of the detrimental effect on a program or activity of interest to the requesting agency if the exchange visitor cannot continue the relevant involvement.
DOS reviews the request before recommending to DHS
WRD considers the agency request and the program, policy, and foreign-relations aspects before forwarding the Department's recommendation.
Frequently Asked Questions
Can a private employer itself be the interested government agency?
No. The waiver request must come from a qualifying U.S. government agency.
Must the agency explain the public interest?
Yes.
Must the agency identify harm if the J-1 leaves?
The regulation requires an explanation of the detrimental effect on the relevant program or activity.
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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