How Do You File Form I-612 for a J-1 Exceptional Hardship Waiver?
Exceptional hardship cases require Form I-612 with USCIS. The filing should include the current form edition, required supporting evidence, the signed hardship statement, and the correct filing fee under the current USCIS fee schedule.
Use Form I-612
A J-1 seeking a waiver based on exceptional hardship files Form I-612, Application for Waiver of the Foreign Residence Requirement, with USCIS.
Use the current form and fee
USCIS filing editions, fees, and filing locations can change. Applicants should verify the current Form I-612 page and Form G-1055 fee schedule immediately before filing.
Submit the hardship evidence with the application
The I-612 instructions require the supporting evidence at filing. The record should include the detailed hardship statement, qualifying-relative evidence, and all documentary support available for the hardship claims.
USCIS makes the hardship determination
If USCIS makes a finding of exceptional hardship, it communicates that finding to the Department of State Waiver Review Division. DOS then proceeds with its waiver recommendation review.
Frequently Asked Questions
Which form is used for an exceptional hardship waiver?
Form I-612 is filed with USCIS.
Should I verify the fee before filing?
Yes. USCIS directs applicants to the current Form G-1055 fee schedule because fees can change.
Does USCIS make the final DOS recommendation?
No. USCIS first determines whether exceptional hardship exists. DOS then performs its waiver recommendation role, and USCIS ultimately issues the waiver decision.
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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