Who Decides and Supports Each Type of J-1 Waiver?
The five waiver bases involve different agencies and third parties. Knowing who must act is essential because DOS will not chase missing supporting documents.
Each waiver basis uses a different government entity or third party. No Objection depends on the home-country government; IGA requires a U.S. federal agency; exceptional hardship and persecution begin with USCIS; and Conrad State 30 requires the designated state health department or equivalent.
No Objection: home-country government
The required statement must come through the applicant's home-country government using the DOS procedure.
IGA: U.S. federal government agency
The interested federal agency prepares and submits the required waiver request directly to the Waiver Review Division.
Hardship and persecution: USCIS first
The applicant files Form I-612 with USCIS, and DOS proceeds only after USCIS makes the required threshold finding.
Conrad State 30: state health department
The designated State Public Health Department or equivalent submits the supporting request to DOS.
Who Must Act for Each Waiver Basis?
| Waiver basis | Government entity or third party | Key point |
|---|---|---|
| No Objection | Home-country government | The official No Objection Statement must be submitted through the DOS procedure. |
| Interested Government Agency | Interested U.S. federal agency | The federal agency submits its waiver request directly to the Waiver Review Division. |
| Exceptional Hardship | USCIS | The applicant files Form I-612 and USCIS makes the required hardship finding before DOS completes waiver recommendation review. |
| Persecution | USCIS | The applicant files Form I-612 and USCIS makes the required persecution finding before DOS completes waiver recommendation review. |
| Conrad State 30 | Designated State Public Health Department or equivalent | The state agency submits the physician waiver request and supporting material to DOS. |
Frequently Asked Questions
Who sends No Objection documents?
The home-country government through the channels specified by DOS.
Who sends an IGA request?
The interested U.S. federal government agency.
Who makes the initial hardship or persecution finding?
USCIS.
Need Help With a J-1 Waiver?
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