New Fee for J-1 Waiver Requests
Posted Mar 18, 1999

Effective March 11, 1999, the United States Information Agency (USIA) is now charging a fee to cover the cost of processing waivers of the 2 year home country requirement imposed on certain J1 visa holders. As many of the readers of the Law Office of Sheela Murthy Bulletin are aware, many participants in J1 (exchange scholar) programs are subject to a requirement that they return to their country of last residence, or their native country, for two years. Unless they comply with this requirement, or obtain a waiver, they are not eligible to change status to H1B or to adjust status to permanent residence in the United States.

It is important to keep in mind that not all J1 visa holders are subject to the 2 year home country requirement, set forth in section 212(e) of the Immigration and Nationality Act. The general rules are that if the person is in a graduate medical training (residency) program or in a program that is funded by the U.S. or the foreign government, then 212(e) applies. Also, if the person's area of study is on a list known as the "skills list," that designates areas of expertise needed by the person's country, then the requirement may apply as well. There are exceptions and sometimes it can be a complex matter to determine whether or not one is subject to 212(e). USIA has a procedure for issuing an opinion in a given case on this issue. Please note that the USIA does not charge a fee for such advisory opinions, and does not plan to do so, but has imposed the fee on J1 waiver applications.

There are a variety of methods for applying for waivers, depending upon the facts of the particular case, but all waiver requests are processed through the USIA, and it is up to that agency to issue a recommendation to INS. The actual decision on the waiver then comes from INS. According to USIA, regardless of the type of waiver request, the cost of processing is roughly the same. The agency has set the fee at $136, based upon its calculation of the per unit cost of processing waiver requests.