The J-1 Waiver Application with Interest Waiver (Interest Waiver) is a process that allows J-1 visa holders who are subject to the "two-year home country residency" clause to apply for a waiver of that obligation, with the addition of their home country's interest waiver. In this case, the holder's home country must express an "interest" in the J-1 visa holder returning and complying with the residency clause, but with the additional waiver request, the applicant can avoid the need to return.

Who Can File for the J-1 Waiver with Interest Waiver?

1. J-1 Visa holders:some text
   • The exemption applies to individuals who have participated in J-1 exchange programs, such as students, researchers, doctors, among others, and who are subject to the obligation to return to their home country for two years after the completion of the J-1 program.
2. Countries with Interest in the Holder:some text
   • The applicant must be from a country that has expressed an interest in the holder returning to fulfill the two-year residency obligation. This exemption seeks to alleviate that obligation for those countries that do not have such an interest or do not require the applicant to return.

J-1 Waiver with Interest Exemption Requirements

1. Demonstrate the interest of your country of origin:some text
   • The applicant must demonstrate that his or her home country has an interest in his or her return after completing his or her J-1 program. This can be an official letter from the government of his or her home country or any other evidence that demonstrates the government's interest in the applicant complying with the two-year rule.
2. Form DS-3035:some text
   • The applicant must complete Form DS-3035 (Waiver of the Two-Year Home-Country Physical Presence Requirement) as part of the application process.
3. Petition for Waiver to the U.S. Department of State's Waiver Office:some text
   • The waiver application must be submitted to the U.S. Department of State, Office of Visa Waiver Review Division, along with supporting documents demonstrating the home country's interest.
4. Confirmation of Interest Waiver:some text
   • The government of the country of origin must confirm that they have no active interest in the applicant's return to fulfill the two-year obligation.

Process for Filing for J-1 Waiver with Interest Waiver

1. Complete Form DS-3035:some text
   • The applicant must complete Form DS-3035 to initiate the exemption process, which is the official request for exemption from the two-year home country residency requirement.
2. Send the Application with Evidence of Interest from the Country of Origin:some text
   • Once the form is completed, the application must be sent to the U.S. Department of State's Office of Waivers, along with any evidence showing that the home country has an interest in the applicant meeting the two-year residency obligation.
3. Wait for the Exemption Determination:some text
   • The Department of State will review the application and the documents submitted. This process generally takes between 4 to 6 months and can vary depending on the details of each case.
4. Receive the Exemption Decision:some text
   • If the application is approved, the applicant will receive a waiver of the two-year residency obligation. If denied, the applicant must return to his or her home country to fulfill the residency clause.

Processing Times for J-1 Exemption with Interest Exemption

• Form DS-3035 Processing Time:some text
  • The processing of the J-1 waiver application with interest waiver generally takes between 4 and 6 months. This time may vary depending on the workload and complexity of the case.
• Notification of the Decision:some text
  • The applicant will receive notification of the decision made on their application, either by mail or online, at the end of the review process.

Duration of J-1 Exemption with Interest Exemption

• Permanent Exemption:some text
  • Once approved, the applicant will no longer be subject to the two-year residency obligation in their country of origin, which will allow them to change their immigration status and continue with their permanent residency process or other procedures without the need to return to their country of origin.

Important Considerations

• Exemption Management:some text
  • If the J-1 waiver with interest waiver is approved, the applicant will be able to change his or her immigration status within the U.S. and continue with other immigration procedures, such as applying for a green card.
• Not Guaranteed:some text
  • Approval of the waiver is not guaranteed. Each case will be evaluated on an individual basis by the U.S. Department of State Waiver Office and will depend on the evidence submitted and documentation provided.

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