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Views Read Edit View history. Otherwise, if none of the other waiver bases applies, you must fulfill the two-year home-country physical-presence requirement.
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If you believe that you qualify for a waiver of the two-year home-country physical presence requirement under both persecution and exceptional hardship to your U. You could apply for a waiver of the two-year home-country physical presence requirement through the request of an Interested U. You may apply using only one waiver basis, and it must apply to your situation. A key difference is:. Review the U. Department of Health and Human Services website, as this information falls under its authority. You should allow approximately one month from the time all documents were submitted before checking your status online.
If the system does not indicate that your supporting documents were received Step 3 of the Instructions , then you need to check to verify that they were sent to us on your behalf. If you submitted a waiver recommendation application that is still pending a decision by the Waiver Review Division and you have new relevant information, you may send that information by mail to the Waiver Review Division.
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While it is possible to submit additional documents after you have submitted your original application, we encourage all applicants to make their best case when submitting their applications at the beginning of the process. Waiver recommendation applications are thoroughly considered, and the Waiver Review Division does not have a policy to reconsider applications once a final determination has been made. You may, however, reapply using another basis for waiver, if another basis applies to your situation.
Recommendation applications are denied when the reasons given for requesting the waiver do not outweigh the program and foreign policy considerations of the exchange visitor program. For this reason, waiver recommendation applications from exchange visitors who received U.
Home-Country Rule Definition:
With one exception, a denied waiver recommendation application cannot be reconsidered or appealed, and you should not apply again under the same basis as used in your original waiver request. The one exception is if you requested a waiver based on persecution or exceptional hardship to a U. Your spouse or parent will need to list you when completing the application for waiver recommendation, Form DS With a few exceptions, J-2 spouses and children cannot independently apply for waiver recommendations when their J-1 spouses or parents are not applying.
The exceptions where the Waiver Review Division will consider requests for waiver recommendations from J-2 spouses and children are:. Your statement should also explain why your situation merits special consideration. As applicable, you must also submit:. Since the fee is a processing fee, it is kept whether your waiver request is approved or denied.
However, you should use the same case number as used in your first request for any subsequent applications. Generally, the country skills list for your country of citizenship or nationality applies to you. However, if the country of your citizenship or nationality differs from the country of your last legal permanent residence at the time you obtained your J-1 exchange visitor status, the skills list from the country of your last permanent residence at the time you obtained your J status would apply.
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Please note that some countries do not have skills lists. Generally, the country which was your country of legal permanent residence when you received your J-1 status is the country to which you must return to fulfill the two-year home-country physical presence requirement, unless you obtain a waiver or the exception discussed in the next FAQ applies to you.