Apply for an exemption from the two-year residency requirement in the exchange visitor’s home country (2023)

Then submit the necessary supporting documents. These documents are in addition to what you submitted in Step 2. What supporting documents do you need to provide? This depends on the basis for which you are applying for an exemption. Others may need to submit documents for you to the Exemption Review Division. See diagram below. (We refer to others as “Third Party Providers” hereinafter on this site).

You must ensure that third parties send us all receipts on your behalf. The Waiver Review Division will NOT seek missing required supporting documents.

You can then confirm that we have received third-party receipts. You can check the status of your application atJ Visumbefreiung onlineplace. Please allow approximately 1 month after you and the third party have submitted all receipts before reviewing them.

Third parties must send receipts to:

Disclaimer Review Department
US Department of State
CA/VO/DO/W
SA-17, Piso 11
Washington, DC20522-1711

No statement of objection

The government of your home country must issue a certificate of no objection. In particular, the Embassy in Washington, DC must make the declaration. He must state that his government has no objections to his not returning to his home country to fulfill the two-year physical presence requirement in his home country and has no objections to his ability to become a lawful permanent resident of the United States .

The embassy must send the authorization to the Waiver Review Division. 🇧🇷Observation:The embassy cannot provide it for you to send. Contact the consular section of your country's embassy in Washington, DC to make this request.

Alternatively, a competent ministry in your home government can issue the declaration of no objection. The Department would then forward it to the US Chief of Mission, Consular Section of the US Embassy in that country. The US Embassy would then forward it directly to the Waiver Review Division.

Note: US law permits foreign physicians who obtained J-1 status on or after January 10, 1977 to not receive medical training or training to request exceptions on that basis.

Request from an interested US federal agency

A request from an interested US federal agency must be in writing. The head of the agency or his designee must sign the letter and return it to the Waiver Review Division. 🇧🇷Observation:The interested U.S. federal government agency cannot provide the letter for you to file.) The letter must explain why granting a two-year physical presence-at-home exemption is in the U.S. public interest and why it would be detrimental to the agency if you need to return to your home country to fulfill the requirement. Any US federal agency may request an exemption on this basis.

Application from an interested government agency on behalf of a foreign physician who agrees to work in a medically underserved area- The interested US federal agency must submit the following supporting documents to the Exemption Review Division. (Note: The interested organization cannot provide you with supporting documents for submission.):

• Copies of any DS-2019 /IAP-66 forms issued to you;
• Your resume;
• a statementsigned and dated by youit is written exactly like this:

“I, __________ (your name), hereby represent and certify, under penalty of the provisions of 18USC.1001, that: (1) I have sought or obtained cooperation from ________ (enter name of U.S. government agency requesting exemption from an interested government agency on your behalf to obtain an exemption from the two-year physical presence requirement in your home country); and (2) I have no pending application and will not file any further application with any US government department or agency, or equivalent, to act on my behalf in any matter relating to waiver of my two-year residency requirement. 🇧🇷

• A letter of request from the head of the agency or a designated official stating why it is in the public interest for you to be exempt from the two-year residency requirement in your home country (Section 212(e) of the Immigration and Nationality Act);
• A signed contract for a minimum period of three years and 40 hours per week between you and the facility where you will work;
• Evidence that the clinic/facility is located in an area designated by the US Department of Health and Human Services with a shortage of healthcare professionals or medically underserved area;
• A statement signed by the manager of the facility where you will be working stating that the facility is located in a designated area with a skills shortage or insufficient medical care and provides medical care to Medicaid and Medicare eligible patients and to those who need it, patient offerings no insurance. The statement must also include the Federal Information Processing Standards district code and census district or block number (assigned by the Bureau of Census) or 9-digit postal code of the area in which the facility is located;
• Evidence that you have made unsuccessful efforts to recruit a U.S. citizen physician for the position (e.g., and
• Formula G-28or letter from a law firm if you have hired a lawyer to represent you.

Application from an interested Department of Veterans Affairs (VA) government agency on behalf of an exchange visitor to serve in a VA hospital:

• VA hospitals don't have to be in an underserved area; and
• VA applications must include a signed contract between you and the hospital, rather than a three-year contract.

Request from an interested government agency on behalf of a J-2 applicant:With limited exceptions, J-2 spouses and children may not apply for independent waiver recommendations if the J-1 spouse or parents do not apply.

The exceptions for which the Waiver Review Division will review requests for J-2 spouse and child waiver recommendations are:

• if the J-1 spouse or parent is deceased;
• if the J-1 and J-2 spouses are divorced; and
• when a J-2 child turns 21.

All such cases are evaluated on a case-by-case basis by the Waiver Review Division.

If you, as a J-2 Spouse or Child, feel that your situation warrants special attention based on any of the above exceptions, you must complete Online Form DS-3035 and select Interested Government Agency (Non-Medical) and Pay a Processing Fee and submit a statement explaining why you are applying for an exemption and your J-1 spouse or parent is not. Your explanation should also explain why your situation warrants special attention. If applicable, you must also submit the following:

• a copy of your spouse or J-1 parent's death certificate;
• a copy of your J-1 spouse's divorce decree; or
• a copy of your birth certificate if you are a J-2 child age 21 or older.

persecution

you must sendForm I-612 Application for Waiver of Foreign Residency Requirementto the US Citizenship and Immigration Services (USCIS). USCIS will forward its decision to the Waiver Review Division. The Waiver Review Division will proceed with a waiver recommendation on this basis only if USCIS encounters persecution.

You can complete the Fee Waiver (Steps 1 & 2) before submitting Form I-612 to USCISorafter USCIS notifies the Exemption Review Division that it has ordered tracking. If you complete steps 1 and 2 before submitting Form I-612 to USCIS, you will not receive a refund of the application fee if USCIS fails to make a tracing determination.

Exceptional Hardship for a Spouse or Child of a US Citizen (or Lawful Permanent Resident).

Note: Mere separation from your spouse or child as a US citizen (or lawful permanent resident) is not sufficient to constitute exceptional hardship.

you must sendForm I-612 Application for Waiver of Foreign Residency Requirementto the US Citizenship and Immigration Services (USCIS). USCIS will forward its decision to the Waiver Review Division. The Waiver Review Division will proceed with a waiver recommendation on this basis only if USCIS encounters exceptional difficulties.

You can complete the Fee Waiver (Steps 1 & 2) before submitting Form I-612 to USCISorafter USCIS notifies the Waiver Review Division that it has determined exceptional difficulties. If you complete steps 1 and 2 before submitting Form I-612 to USCIS, you will not receive a refund of the application fee unless USCIS determines an exceptional hardship.

Enrollment through a designated state health department or equivalent (Conrad State 30 program)

Note: Only foreign physicians who obtained their J-1 exchange visitor status to pursue medical education or training may apply for an exemption on this basis.

Check aList of state health departments🇧🇷 The designated state health department must submit the following to the Exemption Review Division.(Observation:The State Department of Health cannot provide these documents for presentation.):

• Copies of all your DS-2019/IAP-66 forms;
• Your resume;
• A letter from your state Department of Health and Human Services designated official (appointed by your state governor) stating that it is in the public interest for you to remain in the United States and containing the following:

1. Your name
2. Your country of last lawful permanent residence
3. medical facility name
4. installation address
5. Health Care Professional Shortage Area (HPSA) ID number assigned by the US Department of Health and Human Services
6. A letter from the facility that wants to hire you;

• Evidence that the facility is located in an area with a shortage of healthcare professionals or an area that is medically underserved;
• A signed contract of at least 40 hours a week for three years between the facility and you, signed by you and the head of the facility; and
• Formula G-28or letter from a law firm if you have hired a lawyer to represent you.

A WARNING:You will request a waiver based on thiseDid you also receive financial support from the government of your home country to participate in the exchange program? If this is the case, your home country government must send a letter of authorization to the Waiver Review Division. (please lookNo statement of objectioninstructions.) The statement of no objection isFurthermoreto the aforementioned waiver request from the responsible state health department. The no-objection statement must state that it is a waiver of a designated State Department of Public Health (or equivalent) or Conrad State 30 Program.