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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.


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.


J1 waiver approval notice

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.

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


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?

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:

  1. 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.

  2. 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.


I-612 processing time

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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22 Comments


Manisha Poonia
Manisha Poonia
Aug 15, 2024

I have a quick question. I am applying for NORI and I got all three certificates from India, now, before I submit my documents for final process, I have a confusion. My J-1 visa is expired and my DS-2019 is valid till 2026. I am planning to go to india in Jan 2025. Let’s say if I get my final waiver approval before my travel, would it be fine with my j1visa stamping with valid DS-2019?

Like

maggandandigne
Jul 22, 2024

Hi, What if the DOS's recommendation is "Not Favorable", does USCIS still send me a receipt notice before their final decision? Thank you

Edited
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Hina Singh
Hina Singh
Jul 28, 2024
Replying to

Thanks. It has been forwarded to USCIS, so I don't think there is anything further to do except wait for their response. Did you receive any receipt number from USCIS, and how long have you been waiting?

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Geetika Agarwal
Geetika Agarwal
Jun 18, 2024

Do we receive any document from DoS for favorable recommendation?

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Hina Singh
Hina Singh
Jun 18, 2024
Replying to

Yes, I received a letter from the Department of State (DOS) very late, informing me that my case has been transferred to USCIS and that I have been granted a favorable recommendation. The letter did not include a receipt number. However, this letter doesn't hold much significance, and it's not always sent out. I know a few applicants who never received such a letter. Thanks.

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Rats Cats
Rats Cats
Jun 13, 2024

If I get a new DS-2019 and change my sponsor but already have visa stamped till next year, will I have to get visa stamped again coz I changed my DS-2019 or I can use the same visa to enter.

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Hina Singh
Hina Singh
Jun 18, 2024
Replying to

According to me, you don't need a new visa stamp as long as your current visa is still valid. I have traveled with my old visa stamp and a new DS-2019 from a new employer. Just make sure to carry your new DS-2019 with you, as the immigration officer may ask to see it. You can also check with your international office. Thanks.

Edited
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Katy Koby
Katy Koby
May 07, 2024

If i'm J2 Visa holder and subject of 2 year foreign residence requirement and won Green Card in DV lottery, how can i get Green card?

Like
Hina Singh
Hina Singh
May 08, 2024
Replying to

You have to get waiver, without that you can not get green card. Thanks.

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J1 Waiver Favorable Recommendation Next Step

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By Hina Singh

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