J-1 Waiver Fees Suspended & Processing Times for Waiver Requests
Posted Jan 29, 2000

As had been mentioned a few months ago in the Immigration Law Bulletin of the Law Office of Sheela Murthy, on September 27, 1999, the United States Information Agency (USIA) published a notice announcing a user fee for applications for waivers of the 2 year home country residency requirement (HRR). This fee was imposed on certain J-1 visa holders applying for the waiver of the HRR. Section 212(e) of the Immigration and Nationality Act requires certain J-1 visa holders to return to their home country, or country of last residence, for two years before applying for the H-1B status or adjusting status to permanent residence. Various articles about waivers of this requirement have been published in previous issues of the Law Office of Sheela Murthy, P.C. Law Bulletin.

The rule implementing a user fee for waiver applications was to take effect on January 1, 2000. However, on October 1, 1999, the USIA became a part of the Department of State (DOS). DOS has published a rule, effective December 30, 1999, indicating that the imposition of a user fee is "delayed indefinitely."

Notwithstanding this rule, clients of the Law Office of Sheela Murthy have been receiving letters from the DOS requesting the payment of the user fee. It appears that these user fees are imposed when the agency is ready to recommend that the INS approve the waiver.

DOS now has announced a status inquiry phone line for waiver cases: 202-663-1600. Information is apparently updated every two days. DOS also issued a list of processing times. At this point it is unclear whether they are actual processing times, or only goals.

Waivers based upon:

• No objection should be about 90-120 days

• Interested U.S. Government agency about 60-90 days

• State department of health about 60-90 days

• Exceptional hardship about 120 days

• Fear of persecution about 120 days

Advisory opinions as to whether one is subject to the 2-year requirement reportedly take 8 to 10 weeks. We believe that if these time frames are followed carefully, then we may be in a better position than before!

The Law Office of Sheela Murthy, P.C.