What Should You Check Before Filing a J-1 Waiver?
Before filing Form DS-3035, confirm that INA §212(e) actually applies, select the correct waiver basis, collect the complete J program history, identify required third-party documents, and review the current Department of State filing instructions.
Confirm that a waiver is necessary
Review the reason the applicant is subject to INA §212(e). If subject status is genuinely uncertain, an Advisory Opinion may be more appropriate before filing a waiver application.
Select the correct waiver basis
DOS recognizes five waiver bases and permits only one basis in each waiver recommendation application.
Collect the complete J program record
The Step 2 package requires legible copies of every Form DS-2019 or IAP-66 ever issued to the applicant.
Identify the third party before filing
Depending on the waiver basis, required supporting documents may have to come directly from the home government, a U.S. federal agency, USCIS, or a State Public Health Department.
Frequently Asked Questions
Should I file DS-3035 before confirming that I am subject to 212(e)?
Not necessarily. If subject status is genuinely uncertain, consider resolving that issue first.
Should I gather all old DS-2019 forms before filing?
Yes. DOS requires copies of every DS-2019 or IAP-66 ever issued.
Can I select multiple waiver bases?
No. DOS permits one waiver basis per waiver application.
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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