Visa J-1 and the 212(e) waiver

212(e) Waiver

1. What are the consequences to an individual with a J-1 visa and having a 212(e)restriction in his passport/ IAP-66? Any J-1 exchange visitor with a 212(e) notation in his passport / IAP-66 is ineligible for permanent residence, or nonimmigrant visas in the H or L category or change his or her nonimmigrant status to any other nonimmigrant status except A or G status until he/she spends two years after completion of his/her J-1 status in the United States in his/her home country 2. Is there a process whereby an individual with a 212(e) restriction may apply for a waiver? Yes. An individual with J-1 visa may qualify for a waiver of this section in some circumstances. 3. In what circumstances does the U.S. Embassy impose a 212(e) restriction in his/her passport / IAP-66? A. When the exchange visitor possesses skills that have been determined to be in short supply in their own countries. B. When the exchange visitor’s program is financed in whole or in part by either the U.S. government or by the government of the alien’s country. C. When the exchange visitor enter the U.S. to receive graduate medical education or training. 4. How may the exchange visitor satisfy the requirements of the 212(e) restriction if no waiver can be obtained on his/her behalf?  The exchange visitor must physically reside in his/her country of nationality or last residence for two years in the aggregate. 5. When may an exchange visitor obtain a waver of the 212(e) restriction imposed by the U.S. Embassy? A. He /she obtains a "no objection" letter from his/her embassy; B. The foreign residence requirement would impose an exceptional hardship to his her U.S. citizen or permanent resident spouse or child; C. The exchange visitor would be subjected to persecution upon returning home; D. A U.S. government agency applies for a waiver on behalf of the exchange visitor; or E. A state health department recommends a waiver for the J-1 physician. 6. Does the 212(e) waiver, if approved, cover the family members of the exchange visitor? Yes. The dependents of the exchange visitor are not subject to the two years foreign residence requirements if the principal has been grated a waiver by one of the above listed methods 7. May an exchange visitor apply for a nonimmigrant visa other than an H or L visa at a U.S. embassy even if he / she has not been in his country for two years or obtained a 212(e) waiver?  Yes. The 212(e) restriction does not prevent an individual from applying for a nonimmigrant visa (except H or L visa) at the U.S. embassy in her/her country 8. Does the 212(e) restriction prevent an individual from applying for asylum in the U.S. states and, if approved, later apply for adjustment of status to permanent residence? No. Section 212(e) does not prevent an individual from obtaining his permanent residence in the United States if he has an approved application for asylum. 9. What are doctors bar from qualifying even if he / she obtains a 212(e) waiver? A. Changing his / her status to another nonimmigrant status; and B. Applying for suspension of deportation. . Disclaimer:  The information contained herein is intended for general informational purposes only. It is not intended as legal advice. You must consult with an attorney to obtain specific, comprehensive legal advice. Also note that the INS fees are subject to change without notice. For current INS fee information contact the U.S. Immigration and Naturalization Service directly.