Can Home-Government Service in the U.S. or a Third Country Count Toward INA 212(e)?
DOS recognizes a narrow rule allowing service outside the home country to count when the person serves the home government, military, or career foreign service at that government's request.
DOS recognizes a narrow exception
DOS states that time in the United States or a third country may count when the former J-1 is employed by the home country's government, serves in its military, or serves in its career foreign service outside the home country at that government's behest.
The employment relationship matters
This is not a general exception for any publicly useful work. The person must fall within the governmental service categories described by DOS and be serving outside the home country because the home government directed that service.
DOS requires an official statement
Before the Waiver Review Division determines whether the requirement has been satisfied, DOS requires a written statement from an official of the home government, transmitted through the country's embassy in Washington, D.C.
Do not assume foreign public employment automatically qualifies
The specific assignment, employer, governmental request, and official documentation should be reviewed before relying on this exception in a later immigration filing.
Before Relying on the Home-Government Service Exception
- Confirm that the service falls within a category recognized by DOS, such as employment by the home government, military service, or career foreign service.
- Confirm that the person is serving outside the home country at the home government's request or behest.
- Identify the specific government employer, military service, or foreign service assignment.
- Document the dates and location of the claimed service.
- Obtain the official written statement required by DOS from an appropriate home-government official.
- Ensure that the required statement is transmitted through the home country's embassy in Washington, D.C.
- Do not assume that ordinary public employment, private employment, or residence in a third country qualifies.
- Obtain the DOS determination before relying on the exception as proof that INA §212(e) has been satisfied.
Frequently Asked Questions
Can military service for my home country count?
Potentially yes, when the person is serving outside the home country at the home government's request and DOS's documentation requirements are met.
Can career foreign service count?
DOS specifically identifies career foreign service as a potentially qualifying category.
What proof does DOS require?
DOS requires an official home-government statement transmitted through the country's embassy in Washington, D.C.
Need Help With a J-1 Waiver?
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