HHS Exchange Visitor J-1 Visa Waiver Program

A person wearing a white lab coat sits at a desk reviewing notes while looking at brain scan images displayed on a computer monitor in a clinical or research setting.

The U.S. Department of Health and Human Services (HHS) is responsible for managing the waiver requests for the U.S. Exchange Visitor Program as it relates to health research and clinical care. This program accepts applications to request waivers of the 2-year foreign residence requirement for Exchange Visitors engaged in:

  • Research performed in an area of priority or significant interest to the department (HHS) as an Interested Government Agency (IGA) (45 CFR 50.4(a)).
  • Health care services needed in a Health Professional Shortage Area (HPSA) in the United States.

J-1 Visa Foreign Residence Requirement Waiver Request Process

Here’s how the J-1 foreign residence waiver process works:

  1. Exchange Visitor (Physician) J-1 Visa holder files Form DS-3035 with the U.S. Department of State and receives a unique case number.
  2. Institution (health facility, research institution, etc.) requesting a foreign residence requirement waiver submits waiver request package and HHS Form 426 [PDF, 70 KB] to the U.S. Department of Health and Human Services (HHS).
    NOTE: Please record the case number received from the U.S. Department of State on the form as this enables the application to be tracked from start to finish.
  3. HHS reviews application for completeness and regulatory eligibility under 45 CFR Part 50.
  4. HHS issues a recommendation to the U.S. Department of State as an Interested Government Agency (IGA)(45 CFR 50.1).
  5. The U.S Department of State reviews the application and recommendation provided by HHS and issues a recommendation to the U.S. Department of Homeland Security (DHS).
  6. DHS reviews the application summary and recommendation provided and makes the final immigration waiver decision.

Before Applying

Before submitting an application:

  • Exchange visitors must first apply to the U.S. Department of State and receive a case number (Form DS-3035).
  • The application must clearly state that the applicant is requesting a J-1 visa foreign residence requirement waiver.
  • No other immigration related request should be submitted through this process. This process is for J-1 visa foreign residence requirement only.

For more information, see frequently asked questions.

How to Apply (Applicants)

All complete applications must be submitted electronically to HHS.

Please follow the step-by-step instructions to prepare and submit your waiver request. These instructions apply to both research and clinical care waiver applications.

Learn how to request a waiver

Submit an Application

Email submissions to:

J-1 Visa Holders are Exchange Visitors – physicians that have a requirement as part of their visa to leave the United States (foreign residence requirement) at the end of their education and training for which their J-1 visa was issued.

Applicants are Institutions, Employers, or their legal representatives that request a waver of the foreign residence requirement on behalf of the J-1 Visa holder.

The Office of Global Affairs (OGA) within the U.S. Department of Health and Human Services (HHS) has authority to recommend a waiver of the foreign residence requirement for Exchange Visitors (Physician) J-1 visa holders to the U.S. Department of State (DoS) for their consideration for further recommendation to the U.S. Department of Homeland Security (DHS).

HHS is an “Interested Government Agency” as required by 45 CFR Part 50; this enables J-1 visa holders to apply to HHS for a recommendation for waiver of the foreign residence requirement.

Content last reviewed