J-1 waiver
J-1 waiver: how to get out of the two-year home residency rule
Some J-1 exchange visitors must spend 2 years in their home country before they can get an H or L visa or a green card. A waiver removes that rule. Here are the 5 ways to ask for one.
Last checked October 2026 · Sources
- The rule
- INA 212(e), 8 U.S.C. 1182(e)
- Home country time
- 2 years in total
- Waiver bases
- 5
- Legal fee
- Quoted on request
Quick answer
What is a J-1 waiver?
A J-1 waiver lifts the two-year home residency requirement in INA 212(e). Without it, a subject J-1 or J-2 cannot get an H or L visa, an immigrant visa or a green card until they spend 2 years in total in their home country. There are 5 waiver bases. The State Department recommends, and USCIS decides.
- Hardship and persecution waivers start with Form I-612 at USCIS.
- No objection, government agency and Conrad 30 waivers start with the State Department.
- Doctors who came for graduate medical training cannot use a no objection waiver.
- A waiver needs a favorable State Department recommendation.
Are you subject?
Who must follow the two-year rule?
You are subject if any of these apply (INA 212(e), 8 CFR 212.7(c))):
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Government money
The US government or your home government paid for any part of your exchange program, directly or indirectly.
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Your skill is on the Skills List
Your field was on your country’s Exchange Visitor Skills List. The list was revised on December 9, 2024. If your country is no longer listed, this reason no longer applies. Other reasons still can.
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Graduate medical training
You came as a J-1, on or after January 10, 1977, for graduate medical education or training.
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J-2 family
A J-2 spouse or child of a subject J-1 is also subject.
Not sure? Your DS-2019 and visa may carry a note, but your responsible program officer or a partner-firm attorney can confirm.
The 5 waivers
The five J-1 waiver bases at a glance
Each one has its own starting point. All need a favorable State Department recommendation before USCIS can grant the waiver.
| Waiver basis | Who it fits | Where it starts | Key limit |
|---|---|---|---|
| No objection statement | Your home government writes that it does not object to the waiver | State Department | Not available to doctors who came for graduate medical training |
| Interested government agency | A US federal agency asks for you because your work matters to it | State Department | For doctors, the 3-year service rules in 8 U.S.C. 1184(l) apply |
| Conrad 30 (state health department) | Doctors who came for graduate medical training and take a job in an underserved area | State Department, through the state health department | Up to 30 waivers per state each fiscal year |
| Persecution | You would face persecution at home because of race, religion or political opinion | USCIS, Form I-612 | You must explain in detail why, in a signed statement |
| Exceptional hardship | Leaving would cause exceptional hardship to your US citizen or permanent resident spouse or child | USCIS, Form I-612 | Hardship to you alone does not count |
Sources: 8 U.S.C. 1182(e), 8 U.S.C. 1184(l), Form I-612 instructions.
Conrad 30
Conrad 30 waiver for physicians: the rules
| Rule | What it means |
|---|---|
| Job | A bona fide, full-time contract to practice medicine in H-1B status for at least 3 years. The State Department treats full time as 40 hours a week. |
| Place | A facility in an area HHS designates as a Health Professional Shortage Area, Medically Underserved Area or Medically Underserved Population. A state may use up to 10 of its slots for facilities outside those areas that serve patients from them. |
| Start date | Within 90 days of getting the waiver |
| Status | The employer files Form I-129 to change you from J-1 to H-1B. That H-1B does not count against the H-1B cap. |
| If you do not finish | You and your family become subject to the two-year rule again |
| Program status | Temporary. Congress renews it in short steps. A Feb. 2026 law covered J-1 status gained before Sept. 30, 2026. A Sept. 2, 2026 funding law (P.L. 119-103) continues that 2026 extension through Dec. 11, 2026. Your attorney checks the current status. |
Sources: 8 U.S.C. 1184(l), the Conrad 30 sunset note under 8 U.S.C. 1182, P.L. 119-103, sections 101(6) and 106(3) and the USCIS Conrad 30 page. The USCIS page still shows an October 2025 lapse alert. Each state sets its own application rules. See also visas for physicians.
Process
How to apply for a J-1 waiver
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Confirm you are subject
Week 1Check your DS-2019 forms, funding and field. Ask your program officer if unclear.
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Pick your waiver basis
Week 1A partner-firm attorney matches your facts to one of the 5 bases.
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Open a State Department case
The State Department must recommend every waiver. Its fee for a waiver of the two-year rule is $120. Conrad 30 applicants use its Form DS-3035. For no objection, your home government gives the State Department a written statement.
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Hardship or persecution: file Form I-612
Include your signed statement, your DS-2019 forms, your I-94 and proof of your spouse’s or child’s status and your relationship. For hardship, include income and savings details, and a doctor’s letter for medical claims.
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Wait for the recommendation
The State Department sends its recommendation to USCIS. Only USCIS grants or denies the waiver.
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Then change status or file for a green card
Once approved, you can pursue H or L status or a green card, if you qualify.
Costs
J-1 waiver fees, as of October 2026
| Item | Fee |
|---|---|
| Form I-612 (hardship or persecution) | $1,100 |
| State Department waiver of the two-year requirement | $120 |
| Our legal fee (partner-firm attorneys) | Quoted on request, flat, before you sign |
I-612 fee from Form G-1055, edition 10/01/26. State Department fee from 22 CFR 22.1, item 35(b).
FAQ
Questions people ask
You are subject if government money paid for your program, your skill was on your country’s Skills List, or you came for graduate medical training. J-2 family members of a subject J-1 are also subject. Your program officer or an attorney can confirm.
Not if you are subject and have not spent 2 years in total at home. The rule blocks H and L visas, immigrant visas and green cards. Other visas, like O-1, are not on that list. But a subject J-1 generally cannot change to another status inside the US without a waiver (8 CFR 248.2), so you would apply from abroad.
No. Doctors who came as J-1s for graduate medical training cannot use a no objection waiver. They usually look at Conrad 30 or an interested government agency waiver.
The State Department makes a recommendation. USCIS makes the final decision. A waiver cannot be granted without a favorable recommendation.
Not while still married to the J-1. The J-1 lists the J-2 spouse and children on the application. A J-2 who was a J-1 in their own program files separately.
No one can promise that. A partner-firm attorney checks your facts first and builds the strongest honest case.
Not sure which waiver fits you?
J-1 waiver cases are handled by licensed attorneys at our independent partner firm. Green Card Guide is not a law firm. You get a flat fee quote before you sign.
Sources · checked October 2026
- 8 U.S.C. 1182(e), INA 212(e) (Cornell LII)
- 8 U.S.C. 1184(l), restrictions on waiver (Cornell LII)
- 8 CFR 212.7(c): Section 212(e) (eCFR)
- 8 CFR 248.2: Ineligible classes for change of status (eCFR)
- USCIS, Form I-612 (updated 06/01/2026)
- USCIS, Form I-612 Instructions (edition 04/01/24)
- USCIS, Conrad 30 Waiver Program (updated 10/01/2025)
- Federal Register, Public Notice of Revised Exchange Visitor Skills List (Dec 9, 2024)
- USCIS, Form G-1055 Fee Schedule (edition 10/01/26)
- 22 CFR 22.1: State Department schedule of fees (Cornell LII)
- Public Law 119-103, Continuing Appropriations and Extensions Act, 2027, secs. 101(6) and 106(3) (GovInfo)
This page is general information, not legal advice. Rules and fees change; a partner-firm attorney confirms what applies to you before anything is filed.
