How can I obtain a waiver of the two-year home residency requirement?

FAQ.

Answered by Robin Catmur-Smith, Managing Director of the International Student Resource Center

Last updated: July, 2026

 

The waiver grounds

You must submit an application to the U.S. Department of State (DoS). A J-1 212(e) waiver may be granted by DoS on one of these grounds: a No Objection Statement from your home government, a request from an Interested U.S. Government Agency, exceptional hardship to a U.S.-citizen/LPR spouse or child, or a well-founded fear of persecution. Eligibility and approval odds vary widely by situation.

 

The waiver grounds

  • No Objection Statement — a no-objection letter from your home country’s government.

  • Interested Government Agency — a request from a designated U.S. government agency.

  • Exceptional Hardship — to your U.S.-citizen or lawful-permanent-resident spouse or child.

  • Persecution — demonstrated fear based on race, religion, or political opinion.

Important: Timing is critical. Talk with your RO/ARO before starting a waiver — once a waiver is approved (or favorably recommended), you can no longer extend your J-1 program. Waivers are complex and time-consuming, so consult a qualified immigration attorney.

Reference: U.S. Department of State — Waiver of the Two-Year Home-Country Requirement

How do I pay the I-901 SEVIS fee?

You can pay the I-901 SEVIS fee online at FMJfee.com using a credit or debit card, or by mailing a check or money order. After payment, you will receive a receipt — keep this and bring it to your visa interview.

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