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The Messersmith Law Firm, P.A. J-1 Waivers and INA §212(e)
Advanced Interested Government Agency Waivers

Who Can NSF Consider for an IGA J-1 Waiver?

The National Science Foundation currently limits IGA consideration to J-1 visa holders supported by NSF funding, either directly as a principal investigator or co-principal investigator or indirectly through an NSF award.

Reviewed by Peter Messersmith · 2026-09-14

NSF requires an NSF funding connection

Current NSF policy states that it will consider IGA requests only for J-1 holders supported by NSF funding.

Support can be direct or indirect

NSF identifies direct support as a principal investigator or co-principal investigator and indirect support such as a postdoctoral fellow or graduate student supported by an NSF award.

The contribution must be significant and integral

NSF requires the J-1 holder's contribution to the NSF award to be scientifically significant, clearly attributable, and integral to project success.

NSF's rule is agency-specific

The NSF funding requirement should not be treated as a universal DOS requirement applicable to every federal IGA request.

Legal Authorities and Sources

  1. National Science Foundation — J-1 Visa Waiver Requests
  2. U.S. Department of State — J-1 Waiver Eligibility
  3. U.S. Department of State — Interested U.S. Federal Government Agency Request
  4. 9 FAM 302.13-2(D)(4) — Interested Government Agency Waivers

Frequently Asked Questions

Does NSF currently require NSF funding?
Yes.
Can indirect NSF award support count?
NSF states that certain postdoctoral fellows or graduate students supported by an NSF award can fall within its policy.
Does NSF's funding requirement apply to every IGA agency?
No. It is an NSF-specific policy.

Need Help With a J-1 Waiver?

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