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J1 Waiver Favorable Recommendation Next Step
I've previously shared my complete journey on applying for the 212(e) rule, also known as the 2-year home residency requirement, and obtaining a J1 visa waiver. In case you missed them, you can easily catch up by following these links.
Table of Contents: J1 Waiver Favorable Recommendation
After getting a positive J1 waiver favorable recommendation from the Department of State (DOS), many of us are curious about what to do next. We might have questions about what this "J1 waiver favorable recommendation" really means and what we should do after receiving it.
Related: EB1 Green Card Example
J1 Waiver Favorable Recommendation
A J1 waiver favorable recommendation means that the Department of State (DOS) is in favor of granting you the waiver and your case will be sent to the U.S. Citizenship and Immigration Services (USCIS), which will ultimately make the final decision on your situation.
You will receive a notification letter from the DOS informing you that your case has been sent to USCIS. This letter will be sent to you by mail. In my own experience, I received this letter quite late – around 2 months after the fact – and I wasn't even anticipating it, as I was unaware of the process.
J1 Waiver Approval Notice
After your case is transferred to the USCIS from DOS, USCIS will send you a notice of action (Form I-797C) within a few weeks. I-797C notice will include a receipt number for your case and using this receipt number you can check the status of your case on the USCIS website.
In addition to the receipt number, the I-797C form includes information such as the notice type ("Receipt Notice"), your case type ("I612 - Application to waive foreign residence requirement"), received date, notice date, and applicant name. Note that this Form I-797C is only the receipt notice and not the actual approval notice which you will receive next. It would look like this.
Related: J1 to H1B
It will take USICS a few weeks to months to take final action on your case, for me it was surprisingly fast my status changed to "case was approved" in 2-3 weeks.
I-612 Approval Notice
Once your case is approved, USCIS will send you another notice of action, Form I-797 with notice type ("Approval Notice") and case type ("I612 - Application to waive foreign residence requirement") which is also called J1 waiver approval notice. I have provided a sample approval notice below. This is the final document and no step is needed further for the J1 waiver.
DOS vs USCIS Approval
It is important to know that obtaining a favorable recommendation from the Department of State (DOS) does not guarantee that your waiver application is approved by USCIS.
Related: Change of status to B2
The USCIS will have to approve your waiver request. However, a DOS favorable recommendation can significantly increase your chances of obtaining a waiver from USCIS.
The following table about "INA 212(e) Waiver Recommendations - FY 2021" will give you an idea, of how many people applied for waivers under different categories and what was the refusal rate for fiscal year 2021 (if you can not see the table please open this link for a better mobile experience).
​Waiver Basis (FY 2021) | Favorable | Unfavorable | Total |
No objection statement | 5,208 | 64 | 5,272 |
Exceptional hardship | 255 | 7 | 262 |
Persecution | 136 | 0 | 136 |
Interested government agency - Physician | 453 | 0 | 453 |
Interested government agency - Others | 54 | 1 | 55 |
State Department of Health | 1136 | 0 | 1136 |
Total | 7242 | 72 | 7314 |
Reference: US Department of State
Now, I get a lot of questions from people asking what will happen to my J2 dependent. Do I need to file separate waivers for them?
Related: How to expedite J1 waiver?
The approval notice that you will get from USCIS will indicate that you or your dependent (J2 visa holder) are granted a waiver by the USCIS. So, you just need one waiver but if your spouse has his/her own J1 visa then they have to go through their own J1 waiver.
Please keep in mind that once subjected are always subjected until you obtain a waiver or fulfill the 2-year home residency rule. For example, if you change your visa type from J1 to F1 for studies, you would still need the waiver when you apply for an H1B visa from an F1 visa after your studies.
Happy to help anyone going through the process. Please write your question in the comment section below. Thank you!
FAQs on J1 Waiver Favorable Recommendation
How to follow up with the Department of State for a J1 waiver application?
You can contact the Department of State via email at 212ewaiver@state.gov. Typically, they respond within 7 to 10 days.
How to track the status of the J1 waiver favorable recommendation (from the Department of State)?
You can check the status of your application at https://j1visawaiverstatus.state.gov/.
Is the I-612 approval notice required for a J1 waiver?
Yes, the I-612 approval notice is the final document you should receive from USCIS, serving as proof of your J1 waiver.
How to track the status of I-612 approval?
You can track the status of I-692 on the USCIS website using the receipt notice you received before obtaining final approval.
I have not received a receipt number from USCIS after my case was transferred by DOS. What should I do?
There could be two possible reasons that I can think of:
Your address has changed since you applied for a J1 waiver. You can update your address by following the instructions in this blog and requesting a copy of the notice.
Your case was not transferred to USCIS. In this case, check with DOS by following up via email at 212ewaiver@state.gov.
What is the current processing time for the I-612 application at USCIS?
The I-612 application is processed at the Vermont and California service centers. The processing time for I-612 approval in 80% of cases is as follows:
Service Center | I-612 processing time |
Vermont Service Center | 3 weeks |
California Service Center | 15.5 months |
You can check the current processing time on the USCIS website, as these times are subject to change.
How to follow up with USCIS for the I-612 approval notice?
You can reach out to USCIS through the virtual chat assistant, Emma, or by calling them directly at 800-375-5283. Using the virtual assistant is more convenient, as calling may involve longer waiting times. Be sure to have your receipt number ready before contacting USCIS via Emma or phone.
Is the I-612 document required for filing a green card?
Yes, if you were subject to the two-year home residency rule, you will be required to submit the I-612 approval notice during the green card processing. You will not need it during I-140 filing but you will need it for I-485 filing.
Do I require an I-612 for the transition from J1 to H1B?
Yes, you will need the I-612 document as proof of the waiver when transitioning from J1 to H1B.
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