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The Messersmith Law Firm, P.A. J-1 Waivers and INA §212(e)
J-1 Waiver Law

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.

Reviewed by Peter Messersmith · 2026-09-14

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.

Legal Authorities and Sources

  1. 22 C.F.R. §41.63 — Two-Year Home-Country Physical Presence Requirement
  2. 8 U.S.C. §1182(e) — Exchange Visitor Foreign Residence Requirement
  3. U.S. Department of State — How to Apply for a J-1 Waiver

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.

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