USCIS · Official form

Form I-612, Application for Waiver of the Foreign Residence Requirement (Under Section 212(e) of the Immigration and Nationality Act, as Amended)

Form I-612 asks USCIS to waive the two-year home residence requirement that binds many J-1 exchange visitors, based on exceptional hardship or fear of persecution. Fill in the official PDF below and download it.

This is the genuine USCIS PDF, unmodified. Source: USCIS official page.

What is I-612?

Form I-612 is filed by J-1 exchange visitors (and their J-2 dependents) who are subject to the two-year foreign residence requirement of INA section 212(e). That requirement obliges certain exchange visitors to return to their home country for two years before they can obtain an H or L visa, permanent residence, or a change of status. Form I-612 covers two of the waiver bases: exceptional hardship to a US citizen or lawful permanent resident spouse or child, and fear of persecution in the home country.

Other waiver bases work differently. No-objection statements, interested government agency requests, and Conrad 30 physician waivers all start with the Department of State using Form DS-3035, and USCIS acts only after the State Department makes a favorable recommendation. For the hardship and persecution bases, USCIS decides the underlying question itself through Form I-612 before the case goes to the State Department for its recommendation.

Who files I-612?

  • J-1 exchange visitors subject to the section 212(e) two-year home residence requirement
  • Applicants whose US citizen or permanent resident spouse or child would face exceptional hardship
  • Applicants who would face persecution on account of race, religion, or political opinion if they returned home
  • J-2 dependents subject to the requirement through the principal exchange visitor

How to fill out I-612

  1. Confirm you are subject to section 212(e); your DS-2019 and visa stamp usually note it, and the Department of State can issue an advisory opinion if it is unclear.
  2. Complete your personal information, exchange program details, and the basis for the waiver.
  3. For a hardship waiver, document the exceptional hardship your US citizen or permanent resident spouse or child would suffer both if they relocated with you and if they stayed behind.
  4. For a persecution waiver, document the persecution you would face on account of race, religion, or political opinion.
  5. Download the finished PDF, sign it, and file it with the fee at the USCIS address in the current instructions. USCIS coordinates with the Department of State before a final decision.

Quick fill I-612 on this page

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Frequently asked questions

Do I use Form I-612 for a no-objection waiver?

No. No-objection, interested government agency, and Conrad 30 waivers start with the Department of State using Form DS-3035. Form I-612 is only for the exceptional hardship and persecution bases, which USCIS itself adjudicates.

What does exceptional hardship mean for a J-1 waiver?

Hardship clearly beyond the ordinary disruption of a two-year separation or relocation. Officers look at medical, financial, psychological, and country-condition evidence affecting your US citizen or permanent resident spouse or child in both scenarios: going with you or staying behind.

How do I know if I am subject to the two-year rule?

Check your Form DS-2019 and J-1 visa stamp for a 212(e) annotation. Funding from your home government or the US government, or skills on your country’s skills list, commonly trigger it. The Department of State can issue an advisory opinion if the annotation is missing or wrong.