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

Which Third Party Must Send Documents for Each J-1 Waiver?

DOS requires different third-party supporting documents depending on the waiver basis and states that the applicant is responsible for making sure those materials arrive.

Reviewed by Peter Messersmith · 2026-09-14

No Objection

The required third party is the home-country government. The applicant cannot substitute a personally submitted copy for the official statement DOS requires.

Interested Government Agency

The interested U.S. federal agency submits its supporting request directly to the Waiver Review Division.

Hardship and persecution

USCIS is the third party for DOS purposes after adjudicating Form I-612 and making the required threshold finding.

Conrad State 30

The designated State Public Health Department or equivalent submits the state waiver request and supporting documents.

Legal Authorities and Sources

  1. U.S. Department of State — How to Apply for a J-1 Waiver
  2. U.S. Department of State — J-1 Waiver Frequently Asked Questions
  3. USCIS — Form I-612

Frequently Asked Questions

Will DOS contact the third party for me?

No. DOS says the Waiver Review Division will not follow up on missing third-party supporting documents.

Can I personally submit the official IGA letter instead of the agency?

No. DOS requires the agency to submit it.

Is USCIS the third party in hardship and persecution cases?

Yes, after Form I-612 adjudication.

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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