Recently, some Korean scholars contacted Attorney Zhang at Zhang & Associates, P.C. (www.hooyou.com) about the J-1 waiver procedure. Since a lot of Korean scholars have the similar question, we conducted a research on this issue, and provide you with the following explanation:
The J-1 Visa is a non-immigrant visa available to aliens that fall under the designation of “Exchange Visitor”. Certain classes of J-1 “Exchange Visitor” require that the alien return to his/her home country or country of last permanent residence for a period of two (2) years after the completion of the J-1 status if: 1) the J-1 program is financed by the U.S. government or the government of the alien’s home country; 2) the home country of the alien has a shortage of people with skills that the alien has; or 3) the alien receives medical training as interns or residents.
Exchange visitors who are subject to the two-year foreign residence requirement of Section 212(e) of the Immigration and Nationality Act, may be able to waive this requirement. The Department of State provides five (5) statutory bases that J-1 holders may use to waive the two-year foreign residency requirement, which are the “no objection” waiver, interested government agency waiver, threat of persecution, hardship, or designated state health agency request.
In order to obtain the “no objection” waiver, a letter from your home country must be sent to the U.S. Department of State, which states that it does not object to the two-year foreign residency requirement being waived. The complete process for obtaining a J-1 Visa Waiver is outlined below.
1. Complete a U.S. Department of State Form DS- 3035 (ONLY REVISED FORM DS-3035 will be accepted, all other versions will be returned to the sender unprocessed), J-1 Visa Waiver Recommendation Application online or by hand.
2. If form is completed by hand, then gather the following Application Materials:
• Completed J-1 Visa Waiver Recommendation Application; and
• Two (2) Self-addressed, Stamped, Legal-Sized Envelopes (SASE); and
• A non-refundable processing fee of US $215 per application in the form of a cashier’s check or money order payable to the U.S. Department of State.
3. Mail the completed application to one of the following:
• Postal Service
U.S. Department of State
Waiver Review Division
Box 952137
St. Louis, MO 63195-2137

• Courier Service
U.S. Department of State
Waiver Review Division
P. O. Box 952137
1005 Convention Plaza
St. Louis, MO 63101-1200
For more information on State Department Procedures, please click here.
4. The Waiver Review Division will send your assigned case number along with additional instructions by using your SASE upon receipt of all application materials in Step 2;
5. Contact the consular section of your embassy in Washington, D.C., to request that a “no objection” statement be forwarded to the Department of State on your behalf. Put your assigned case number on all correspondence you send.Korean nationals may direct their requests for no objection letters to the Korean Embassy in Washington D.C. The following is the pertinent contact information:
2320 Massachusetts Ave. NW., Washington, DC 20008
Phone: 202-939-5653
Fax: 202-342-1597
Email: consular_usa@mofat.go.kr
6. After the Embassy forwards the “no objection” statement directly to the Waiver Review Division at the Department of State. The U.S. State Department will forward their recommendations to USCIS. If the application is denied, the State Department will notify the applicant directly.
7. USCIS will then notify you of the application’s final decision.