HHS Exchange Visitor J-1 Visa Waiver Program Frequently Asked Questions (FAQs)

The Exchange Visitor Waiver Review Board (45 CFR 50.2) receives applications on a rolling basis and considers applications in as timely a manner as possible. Processing times for applications may vary based on factors such as application volume and completeness. Applicants will be notified once a recommendation has been made to the U.S Department of State.

Cases are processed on a first-come, first-served basis. Each application is evaluated individually based on the facts available. (45 CFR 50.3(b)).

It is the responsibility of each Exchange Visitor J-1 applicant to locate sponsoring institutions. The role of HHS is to review applications received based on regulatory requirements and make a recommendation to the U.S. Department of State.

All applications must be submitted electronically to HHS as a single, complete application package. Incomplete submissions may result in processing delays. Required Supplemental information varies by waiver type. Please refer to the Application Instructions Webpage for detailed requirements.

HHS does not charge a fee to process a waiver request. Other agencies associated with this process may require a fee for application and processing. Please see those agencies for information on their submission policies associated with the Exchange Visitor Visa (J-1) Waiver process.

For more information, visit Waiver of the Exchange Visitor Two-Year Home-Country Physical Presence Requirement (U.S. Department of State).

The application form should be submitted according to the instructions.

HHS forwards affirmative recommendations to the U.S. Department of State (DoS) for its consideration of further recommendation. Should the State Department recommend granting the request to waive the 2-year foreign residence requirement for the J-1 visa holder, it will forward its recommendation to the U.S. Department of Homeland Security (DHS) for DHS’s consideration.

Applications for waivers under 45 CFR Part 50.4, Waivers for Research, are evaluated and reviewed in accordance with the regulation. Applications receive an unfavorable recommendation for failure to demonstrate evidence of one of the following requirements of this part of 45 CFR Part 50, noted below.

The applicant does not adequately establish that the Exchange Visitor meets the regulatory criteria as follows:

• The program or activity at the applicant institution or organization in which the Exchange Visitor is employed is not deemed high priority and of national or international significance in an area of interest to the Department.
• The Exchange Visitor is an integral part of the program or activity, or of an essential component thereof, so that loss of his/her services would necessitate discontinuance of the program, or a major phase of it.
• The Exchange Visitor has outstanding qualifications, training and experience well beyond the usually expected accomplishments at the graduate, postgraduate, and residency levels, and clearly demonstrates the capability to make original and significant contributions to the program.

OR

The applicant submits an incomplete application.

The regulation is stringent and restrictive.

45 CFR 50.3 (b) notes the criteria for waivers. The Exchange Visitor Waiver Review Board carefully applies stringent and restrictive criteria to its consideration of requests that it support waivers for Exchange Visitors.

The standard for applications is set by the regulation, therefore, ensuring that the application provides adequate and specific evidence of meeting the requirements of the regulation is essential to success.

If a package has been denied due to missing or incomplete required documentation, the updated package may be resubmitted in its entirety with complete information. If the application is not recommended based on the merits (i.e., it does not meet the stringent or restrictive regulatory requirements) the applicant is not encouraged to resubmit for consideration.