Exceptional Hardship Waiver
What examples has the Department of State (DOS) provided of program and policy considerations other than program funding that might lead to an unfavorable J-1 waiver recommendation, despite a favorable recommendation from USCIS?
The exceptional hardship waiver is a three-step process. The applicant must first submit an I-612, Application for Waiver of the Foreign Residence Requirement, directly to USCIS. If USCIS determines that there is a possibility that the applicant’s U.S. citizen or legal permanent resident spouse or child may experience hardship if the applicant returns to the home country to fulfill the two-year home residence requirement, USCIS forwards the application to the State Department for a waiver recommendation.