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- H. Singh
- Jan 16, 2024
- 5 min read
Updated: Feb 18, 2024
J1 Visa Waiver (India): I am a post-doctoral research scientist with the University of California, Riverside and I have gone through the J1 visa waiver process (212e waiver). I am sharing my experience with everyone, which I believe would help others obtain a J1 waiver quickly.
I referred to several blogs and videos about how to obtain a J1 visa waiver which was very time-consuming. The whole J1 visa waiver NORI procedure is tedious and a lot of people don’t know how the process is. To reduce the complexity, I have divided the whole process into 3 stages, I will refer to them as NORI stages:
Before I begin I would like to clarify that these J1 visa waiver steps might change in the future or slightly differ for you based on your location within the United States. I applied it from the Consulate Journal of India, San Francisco, California as I live in Riverside, CA. However, the overall J1 visa waiver application process should not vary much.
Table of Contents: J1 Waiver (India)
What is a J1 waiver?
A J1 visa is a non-immigrant visa granted to individuals who want to participate in the exchange visitors program in the United States.
Some individuals will be subject to a 2-year home country physical presence requirement under which the applicant has to go back to their home country and serve for a minimum of 2 years. To waive off this J1 visa two-year rule, you need to obtain a J1 waiver.
Am I subject to the J1 two-year rule?
To check if you are subject to the J1 two-year rule, please check either your J1 visa stamp or your DS-2019 form, as either of them may indicate the 212(e) rule.
J1 Visa Stamp: Check the bottom of your J1 visa; it should indicate "Bearer is subject to section 212(e), Two-year home residency rule does apply".
DS-2019: If you do not find this information on your J1 visa stamp, please review your DS-2019 form. In my case, the information was not on my DS 2019; it was included on my J1 visa stamp. Refer to the DS 2019 screenshot; you may notice a checkmark on option 2, which states 'Subject to two-year residence requirement'.
Not mentioned on DS-2019 or J1 Visa: If you don't find it on the DS-2019 form or J1 visa stamp, please contact your ISS and check if you need a waiver. In most cases, you would need a J1 waiver. I have seen examples where people didn't have the two-year rule mentioned on the visa or DS-2019, but they still had to apply for it later
J1 Waiver Processing Time
The processing time for a J1 waiver is typically 1-2 years. You can apply for a J1 visa waiver at any time; there's no specific restriction. However, it's advisable to apply once you have received a DS-2019 extension for the entire possible term, which is usually up to 5 years.
As mentioned earlier, there are three stages to obtain a J1 visa waiver, and the overall processing time is 1-2 years, possibly less for some, depending on how quickly you can secure a no-objection statement from your home country.
Related: J1 Waiver Attorney
I recommend completing the first two stages of the J1 visa waiver process after you have spent three years on your J1 visa. Apply for the third and final stage once you receive the full 5-year extension on your J1 visa.
This suggestion is important because if the third stage of the J1 visa waiver is approved, you won't be able to extend your J1 visa or DS2019 any further. Therefore, it's advisable to apply for the third stage only after obtaining the entire 5 years of extension on your visa.
Some universities and institutes issue the initial DS-2019 with a complete 5-year period, while others provide yearly extensions, and some offer two or three-year extensions. Your decision should be based on your situation. If you have any doubts, feel free to post your query in the comment section below, and I will be happy to assist you.
Related: How to apply for J2 EAD?
Where to apply for a J1 waiver?
Please refer to the following links to determine which Consulate General of India (CGI) office covers your jurisdiction. I have also compiled the embassy's contact details, jurisdictions, social media pages, and email addresses, which you may find useful not only for the J1 visa waiver but also for general inquiries.
I went in person to the Consulate General of India, in San Francisco. However, you can apply in person or send it via mail.
FAQs on J1 Visa Waiver
Can I expedite the J1 waiver?
Yes, you can expedite the J1 visa waiver process at certain stages. I know a few of my friends successfully did it and I have documented their experiences in detail. I did not expedite it as I had sufficient time to get the J1 visa waiver. Read more.
What is the next step after getting a J1 waiver favorable recommendation?
A J1 waiver favorable recommendation means that the DOS is in favor of granting you the J1 visa waiver and your case will be transferred to U.S. Citizenship and Immigration Services (USCIS) and they will make the final decision on your case. You will be notified by the DOS that your case has been forwarded to USCIS by a letter that you will get through the mail. In my case, I received this letter very late like after 2 months and I was not even expecting it since I didn't know about it. Read more.
What should I mention in the J1 waiver statement of reason?
There could be several ways you can write a statement of the reason for a J1 visa waiver. When I applied for the J1 visa waiver, I included the basis for seeking a J1 visa waiver as more time was required for my ongoing research work at that time. I also wrote an article on this where I shared a few examples including mine. Read more.
When should I apply for a J1 visa waiver?
You should complete the first 2 stages when you have completed 3 years on your J1 visa and apply for stage 3 once you receive the full 5 years of extension on your J1 visa.
Do I need a lawyer for the J1 visa waiver?
This opinion might vary from individual to individual, I would say it's not needed but if you wanna hire one there is no issue with that. I would recommend you read this blog before you take any decision. Several people asked me this question, hence I had to write this in detail. Read more.
Is the J1 two-year rule cumulative?
Yes, the J1 two-year rule is cumulative which means that you must fulfill two year home country requirement for a cumulative total period of at least two years. You can find complete details below.
Where should I send the J1 waiver Stage 1 documents?
Different embassies cover different states. Check which embassy to send your documents based on where you live. You can find the list of states for each consulate here.
Next: J1 Visa Waiver (Stage 1)
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Thank you so much for the informative blog. I have a few questions.
How do the MHRD, State department, and Passport Office contact the applicant after Stage II? Is it by post or email.
Do they send any paperwork certifying Stage II clearance has been obtained?
If they send those by mail, which address do they send it to?
My situation is complicated. I will be leaving the US in 3 months (end of September). Due to some reasons I could not initiate my NORI application and my 5-year J1 VISA term will be over by end of September. I am planning to initiate the application now and I know that I can complete Stage I while I am here.…
Hi Hina,
My wife's post doc position ended early and she will move to F2 status as I am on F1. My couple of questions are:
Can we apply for the waiver process even though her J1 status will end and she will be on F2. Will the Indian and US departments reject our applications because J1 is no longer active?
Can we travel outside the US after completing stages I and II and before starting stage III. I have read that traveling while application is in stage III is not recommended.
Thank you for all your help!
Hi,
I will go back to India from USA in 2 months. Is there anyone who applied J1 waiver after going back to India? Is it possible to do first 2 steps while staying in US and the third one after returning to India?
Hi Hina,
Thank you for this information which is immensely helpful to so many of us.
I have received my reappointment for the third year of my Postdoc in the USA (2024-2025). I am not sure whether our project will be extended beyond 2025 and my current DS2019 expires on 2025. Is it okay to start applying for the waiver now or wait till I get things clarified by my boss since I might need to join another lab next year. I have seen in the comments section that there are no expiry dates for the Step-1 and Step-2. It would be extremely helpful if you can suggest whether this is the right time to apply.
Thanks.
Upasana.
Hi Hina,
Thanks for such a comprehensive overview - my query isn't related to any of the steps in particular. I was wondering if I can change my US address at any point in between these steps? Since I'm unclear on this and there's a possibility that I might change my housing, I haven't been able to start the process. Any guidance here would be super helpful!