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INA § 212(e) / Form DS-3035 / Form I-612 Approval

J-1 Visa 2-Year Home Residency (212e) Guide

Understand who is subject to INA § 212(e), which immigration benefits are restricted, how the five waiver bases work, how Form DS-3035 is submitted, and when USCIS Form I-612 is required.

What is the 2-Year Home Residency Requirement?

Under Section 212(e) of the Immigration and Nationality Act (INA), certain J-1 and J-2 exchange visitors are subject to a requirement to be physically present in their country of nationality or last legal permanent residence for an aggregate of two years after completion of the exchange program and departure from the United States.

  • Obtain or change to an H, L, or K nonimmigrant classification when INA § 212(e) applies.
  • Obtain an immigrant visa or adjust status to lawful permanent residence.
  • Satisfy the two-year requirement through qualifying physical presence abroad or obtain an approved waiver before seeking a barred immigration benefit.

Who Is Subject to INA § 212(e)?

A J-1 exchange visitor may be subject to the two-year requirement if the program was funded in whole or in part by the U.S. government, the visitor's home-country government, or an international organization receiving qualifying government funding; if the visitor's field is on the applicable Exchange Visitor Skills List for the country of nationality or last legal permanent residence; or if the visitor participated in graduate medical education or training.

The Department of State also provides an Advisory Opinion process for people who are unsure whether INA § 212(e) applies to them. The determination can depend on the program, funding, skills-list rules, and medical-training history, so a J-1 visa annotation alone should not be treated as the only source of the determination.

Five Bases for Obtaining a Waiver

The Department of State identifies five waiver bases:

  1. No Objection Statement (NOS): Home country embassy issues an official statement declaring no objection to candidate remaining in U.S.
  2. Interested U.S. Government Agency (IGA): U.S. federal agency (e.g., DOD, HHS, DOE) requests waiver in vital public interest.
  3. Persecution: Proof of individual persecution based on race, religion, or political opinion upon return.
  4. Exceptional Hardship: Proof that departure would cause exceptional hardship to U.S. citizen or LPR spouse/child.
  5. Conrad State 30 Program: For foreign medical graduates who obtained J-1 status for graduate medical education or training and receive a request from a designated State Public Health Department or equivalent. The physician must generally agree to work at least 40 hours per week for at least 3 years at a qualifying facility or for patients from a qualifying underserved area.

Step-by-Step Waiver Application Workflow

Step 1: Complete Form DS-3035 Online

Fill out Form DS-3035 at the Department of State portal to generate a 7-digit Waiver Case Number and barcode packet.

Step 2: Submit the $120 Fee and Required Documents

Submit the $120 non-refundable fee, the printed DS-3035 barcode application, and legible copies of every DS-2019/IAP-66 ever issued to you, using the current mailing address specified by the Department of State for your chosen mailing method. The Department currently provides different addresses depending on the delivery service.

Step 3: Submit the Supporting Third-Party Evidence

The required supporting evidence depends on the waiver basis. For a No Objection Statement, the home-country government sends the statement directly to the Department of State. For an Interested Government Agency or Conrad State 30 request, the designated government entity sends its request and required evidence. For persecution or exceptional hardship, the applicant must also file Form I-612 with USCIS and USCIS makes the required finding before DOS considers the recommendation.

Step 4: DOS Recommendation and USCIS Decision Where Required

The Department of State's Waiver Review Division reviews the completed case and may issue a Favorable Recommendation to USCIS. USCIS makes the final waiver decision where USCIS approval is required and issues an approval or other notice. For persecution and exceptional-hardship cases, USCIS's I-612 determination is part of the recommendation process; Form I-612 is not itself the universal final approval document for every waiver basis.

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At-A-Glance
Statute BarINA § 212(e)
DOS FormForm DS-3035
DOS Fee$120 USD
Final ApprovalUSCIS Decision
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Frequently Asked Questions (FAQ)

Under INA § 212(e), certain J-1 and J-2 exchange visitors must be physically present in their country of nationality or last legal permanent residence for an aggregate of at least two years after completing the exchange program and departing the United States before they can obtain certain immigration benefits. Subject individuals generally cannot change status to H, L, or K classifications or obtain permanent residence until they satisfy the requirement or obtain a waiver.

The Department of State recognizes five waiver bases: (1) No Objection Statement from the exchange visitor's home-country government; (2) Request by an Interested U.S. Federal Government Agency; (3) Persecution; (4) Exceptional Hardship to a U.S. citizen or lawful permanent resident spouse or child; and (5) Request by a designated State Public Health Department or its equivalent under the Conrad State 30 Program. An applicant generally selects only one waiver basis.

The U.S. Department of State charges a non-refundable $120 processing fee for the Form DS-3035 J-1 waiver application. No additional DS-3035 fee is charged for J-2 dependents included on the application.

You can check your J-1 waiver case through the Department of State's J Visa Waiver Online system using the waiver case number generated after completing the online DS-3035 application. Status updates can take several weeks to appear after supporting documents are received.

The Department of State's Waiver Review Division issues a waiver recommendation. USCIS has the authority to approve the waiver where USCIS adjudication is required. For persecution and exceptional-hardship cases, USCIS first makes the required finding through Form I-612 and the case then proceeds to the Department of State. When USCIS grants the waiver, it issues an approval notice rather than issuing an 'approved Form I-612' as the name of the approval document.

A Department of State Favorable Recommendation is an important stage of the waiver process, but exchange visitors should not assume that a favorable recommendation independently authorizes continued J-1 participation, an extension, or a transfer. J-1 program extensions and transfers remain subject to the applicable exchange-program regulations and the Responsible Officer's authority. Consult the Responsible Officer and current program rules before taking action after a recommendation is issued.
Official U.S. Government Portals

• State Department J-1 Waiver Portal: travel.state.gov/j1-waiver
• State Department Waiver Case Status System: j1visawaiverstatus.state.gov