Form DS-3035: J-1 Waiver Recommendation Application

A person who is subject to INA §212(e) and seeks a waiver begins the Department of State portion of the process with Form DS-3035. The form is an application for a DOS waiver recommendation; it is not the final USCIS waiver approval.

Before filing, the applicant should confirm that §212(e) actually applies and choose the one waiver basis that fits the case. DOS currently states that a waiver recommendation application is filed under one of five bases.

DOS requires use of the current online DS-3035. The online system collects the exchange visitor's program history, waiver basis, and identifying information.

After the online application is completed, the system generates a waiver case number and barcode application. That case number should be preserved because it is used for status checks and later correspondence.

Completing DS-3035 online does not finish the filing. DOS requires the printed barcode application, legible copies of every DS-2019 or IAP-66, and the processing fee to be mailed to the appropriate Step 2 address.

The current DOS processing fee is US $120 and is nonrefundable. DOS instructs applicants to submit the application and fee together.

Required supporting documents differ by waiver category. For a No Objection case, the home-country government supplies the required statement. For an Interested Government Agency case, the federal agency submits the request. Hardship and persecution cases depend on a USCIS Form I-612 finding, while Conrad State 30 cases require the designated state health department or equivalent to act.

DOS states that the applicant is responsible for making sure the required third-party materials arrive.

The status system can show receipt of the DS-3035 materials and supporting documents. Current DOS instructions warn that third-party receipt updates can take at least three to four weeks to appear.

A case should not be treated as complete merely because the applicant mailed Step 2. The waiver basis may require a separate government, agency, USCIS, or state submission before substantive review can proceed.

After review, the Waiver Review Division forwards its recommendation to USCIS and notifies the applicant. Once DOS sends the recommendation, DOS states that it no longer has jurisdiction over the final case.

USCIS is the final waiver authority. A favorable DOS recommendation does not itself mean that INA §212(e) has been waived.