Many people have been commenting on my J1 waiver blogs that they would like an example/template/sample for the Statement of Reason so they can get an idea of what to write in the J1 waiver statement of reason. If you missed my previous blogs, you can refer to the J1 waiver steps here.
In this blog I am sharing what I wrote in the J1 waiver support letter (and a few other samples), please take a look and modify the sample DS-3035 letter based on your situation. You can explain on what basis you are applying for a J1 waiver, it could be visa change, research, marriage, etc.
DS 3035 Sample/Example Statement of Reason Letter (Example 1)
I am <name> currently working as a post-doctoral research fellow at <workplace>. I am currently on a J1 visa and my exchange visitor eligibility form (DS 2019) started on <month, date, year> and ends on <month, date, year> and includes a two-year home residency (section 212e) requirement.
As an exchange scholar, I am involved in full-time research in <research area>. I am <explain your research/ or other reason>.
My statement: I am investigating cellular and molecular mechanisms of HIV-induced neurodegenerative disease (neuroAIDS) in the presence of co-morbidity factors, such as drugs of abuse. I am also studying the effect of interferon-β and highly active anti-retroviral therapy on the biological function of neurons, glia, and macrophages.
My research is promising results; hence I am confident my further work in this field will provide novel therapeutic avenues. My research work is progressing extremely well and has resulted in a recent (2020) publication in the prestigious ‘Journal of Neuroinflammation’.
Furthermore, I have made several crucial discoveries through my research, which require additional time to be concluded and translated into possible new, and influential publications.
The purpose of my request for a J1 waiver is to be able to continue to work at my current research laboratory at <workplace> and to be able to complete all my pending projects. Since I am the lead person in my research projects, my employer and I think it is necessary for me to stay in the US and complete my projects by obtaining the J1 visa waiver.
Therefore, I am requesting a waiver of the two-year home residency requirement in order to complete my research work on the basis of the No Objection Certificate. My home country (India) and the state government (Govt. of Uttar Pradesh) have already issued me a No Obligation to Return to India certificate and support my requirement to stay in the US and complete my pending research.
The Consulate General of India will be issuing the No Objection Statement directly to you in the near future. I shall be highly obliged if you could consider this Waiver application favorably and give me the J1 visa waiver at the earliest possible date.
I am sharing a few more j1 waiver support letter samples below which would help you construct your statement of reason.
Related: How to apply for J2 EAD?
J1 Waiver Statement of Reason (Example 2)
I <your name> hereby declare that I have not signed any agreement with any public/government organization, bank, university, college, or any other institution to return to India and have not taken advantage of any kind of monetary support in any form. I also confirm that I have neither been sponsored nor been employed by any university, college, or any Government of India / Government of any State institution in India. I also declare that I have not taken any undertaking from any institution or organization to support me to obtain my passport as a condition to return to India.
I also declare that there are no civil or criminal charges against me and I need not return to India in that connection too. I, therefore, am requesting a waiver to continue my research in the USA in order to gain more experience so that I can serve humanity as a better-trained scientist.
J1 Waiver Statement of Reason (Example 3)
I am <your name>, working as a Postdoctoral Associate at the <workplace>. My research is focused on <research area>. Development of these will aid <explain your research area>.
I would like to apply for a waiver of the home-country physical presence requirement of Section 212(e), as it relates to my current status under the exchange visitor program P-1-<number> My waiver request is based on the Statement of No Objection from the home country (India) as I have received the clearances from the Government of India and it will be officially sent to DOS by the Indian Embassy.
Both I and my employer feel that my stay here in the US should be extended for a few more years as the project that I am currently working on will be carried forward for a few more years. My presence in the USA is very important for the timely <insert reason>, followed by the technology transfer to industrial partners for societal benefit.
The waiver is very important for me to enrich my professional experience in research areas that have a direct benefit to society. I believe my extended stay and continued research will benefit both American research and the industries and eventually my home country upon my return. Hence, I request you to grant me the waiver for 2 year home country residence requirement.
Related: How to expedite GC processing?
J1 Waiver Statement of Reason Marriage (Example 4)
I am, <your name>, writing this letter to request a waiver of the two-year home residency requirement under section 212(e) of the Immigration and Nationality Act for my J-1 visa status. I am presently in the United States as a J-1 non-immigrant exchange visitor and I am seeking a waiver of the two-year foreign residency requirement based on my marriage to a U.S. citizen.
I entered the US on <date> as a J-1 non-immigrant exchange visitor to experience a research program <provide program details and duration> at <workplace>. I have greatly relished my time here and have learned a lot from my experience. However, I have since fallen in love and married a U.S. citizen, <spouse name>. Our marriage is a genuine, loving relationship and we wish to start a life together in the United States.
My spouse and I are deeply committed to each other and our future together. <He/She> is a U.S. citizen and has been employed as <Job title> for <add the number of years> at <add the name of company, location>. Our marriage has brought us great happiness and stability and we cannot imagine being separated from each other.
I respectfully request that the Waiver Review Division grant me a waiver of the two-year foreign residency requirement based on my marriage to a U.S. citizen. I have attached proof of our marriage, including our marriage certificate and documentation of my spouse's employment. I have also enclosed a statement from my spouse, who supports my request for a waiver.
Thank you for your time and consideration. I look forward to hearing back from you soon.
J1 Waiver Statement of Reason Divorce (Example 5)
I am, <your name>, writing to request a waiver of the two-year home residency requirement of my J2 visa. The reason for my request is that my J1 spouse and I have divorced.
<Provide a brief background of your situation, including how long you were married, when you obtained your J2 visa, the program your J1 spouse participated in, the duration of the program, SEVIS#, and any other important information.>
Unfortunately, my J1 spouse and I have decided to end our marriage, and we have filed for divorce. As a result of our divorce, I am unable to fulfill the two-year home residency requirement of my J2 visa. I am requesting a waiver so that I may remain in the US and pursue other opportunities.
<Explain in detail the reasons for your waiver request, providing any supporting document like a copy of the divorce decree, if you have family ties/kids or career opportunities/ higher education/ job offer in the US that would impact your return to your home country, you should provide evidence of these.>
I shall be highly obliged if you could consider this waiver application favorably and give me the J1 visa waiver at the earliest possible date.
Thank you for your time and consideration. I look forward to hearing back from you soon.
How to Write a Statement of Reason?
The statement of reason should be well-written, precise, and concise, and should address these key points on a high level, not all are required:
The Intent of J-1 Visa: Explain why you were issued a J-1 visa in the first place and what was your goal for participating in the J-1 program.
The Basis for Seeking Waiver: Clearly express why you want a waiver of the 2-year home-country physical presence requirement. This could be due to remaining research work, marriage, job offer, visa transfer, or any exceptional cases that make it impossible for you to return to your home country for two years.
Explanation of Hardship or Persecution: If you are seeking a waiver based on hardship or persecution, provide a detailed explanation of the situation and how it has affected you or your family. This could include financial, medical, or personal circumstances, for example.
Links to the United States: Explain why returning to your home country for two years is not a possible solution for you and why a waiver is required. This could include job opportunities, family relations, or other convincing reasons for remaining in the United States.
Future Plans: Discuss your plans and how the waiver will help you reach your goals. This could have plans for further education or a job, for example.
Related post: How to find a postdoc position in the US?
It is necessary, to be legitimate, clear, and concise in your J-1 visa waiver statement of reason. The statement should be well-written, and free of grammatical mistakes.
It is also recommended to have the statement reviewed by someone who has successfully received a J1 waiver before submitting it to secure that it satisfies all the needs and provides the best possible chance for a successful waiver application.
Please feel free to ask your question in the comment section below if you have any doubts. Thank you.
Can a J1-waiver be denied?
Yes, a J1 waiver can be denied for multiple reasons like incomplete/false information, insufficient evidence, or ineligibility, for example, if the J1 visa holder is not eligible for a waiver under certain criteria set by the government agency. It may vary from case to case.
The following table would give you a rough idea about the refusal rate for 212(e) in the last few years (if you can't see the table please open this link for a better mobile experience).
Reference: US Department of State
How long does it take to get J1 waiver?
J1 waiver process time can vary a lot depending upon the government agencies involved, how many agencies need to give clearance etc.. but typically it takes several months. Refer to the table below for J1 waiver processing time (if you can't see the table please visit this page for a better mobile experience).
Is it easy to get J1 waiver?
No, it's a very long process, and depending on which country/state you are applying from and how many government agencies are involved, it may take longer time than expected.
Can we expedite the J1 waiver?
Yes, you can expedite a few steps. Read more.
Will the J2 visa holder also be subject to the 2-year rule?
Yes, if J1 is subjected to a 2-year rule then automatically J2 dependents are as well. Read more.
Do we need to apply for J1 and J2 waivers separately?
No, J2 will get the waiver automatically once the J1 visa holder gets the waiver.
Should I hire a lawyer for the J1 waiver?
It totally depends on you, it's going to cost you a lot of money and it's not worth the effort you are going to put in anyways whether you hire a lawyer or not. But you can read more about it here and decide for yourself.
Next: Expedite J1 waiver
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