Form I-612, Explained
A complete guide to waiving the J-1 visa’s two-year home residency requirement
Under U.S. immigration law, many international exchange visitors and students on J-1 visas are required to return to their home country for at least two years before they’re eligible to apply for a green card or change to most other visa statuses. The rule is designed to ensure that J-1 visitors bring their skills and knowledge back to their home country, but some exceptions apply. That’s where Form I-612 comes in.
What is Form I-612?
Form I-612, officially known as the “Application for Waiver of the Foreign Residence Requirement,” allows certain J-1 exchange visitors (and their J-2 dependents) to request a waiver of the two-year foreign residency requirement.
Why is Form I-612 Important?
The two-year foreign residence requirement can delay or prevent J-1 visa holders from pursuing permanent residence or other nonimmigrant visas in the U.S. Without a waiver, J-1 visa holders cannot:
- Apply for an H, L, or K visa
- Apply for lawful permanent residence (green card)
- Change status to most nonimmigrant visa categories within the U.S.
Filing Form I-612 offers a legal pathway to remain in the United States if the applicant qualifies under specific grounds:
- Exceptional hardship to a U.S. citizen or green card-holding spouse or child, and/or
- Fear of persecution if they return to their home country
Who Can File Form I-612?
You may be eligible to file Form I-612 if:
- You are a J-1 or J-2 exchange visitor who is subject to the two-year home residency rule
- Check your J-1 visa stamp and DS-2019 form for a note indicating whether you are subject to Section 212(e)
- You are applying for a waiver under one of the following legal bases:
- Persecution: You fear persecution in your home country due to race, religion, or political opinion
- Exceptional Hardship: Your U.S. citizen or green card–holding spouse or child would face extreme hardship if you leave. Hardship must go beyond normal family separation
- You are not applying for a No Objection Statement waiver through your home country’s government, or an Interested U.S. Government Agency Waiver.
Boundless Tip
You can file Form I-612 on your own, without employer or sponsor support.
Requirements for Form I-612
To apply for a waiver using Form I-612, you must submit:
- A completed and signed Form I-612
- Proof that your J-1 visa is subject to the two-year rule
- Copies of your Form I-94 and Forms DS-2019
- A detailed written statement explaining the hardship or persecution you or your family would face if you were to return to your home country
- Evidence supporting your claim of exceptional hardship or persecution
- Proof of your relationship to your U.S. citizen or permanent resident spouse or child (e.g., birth certificate, marriage certificate, or naturalization certificate), if applicable
- English translations of any foreign language documents with certification, if applicable
Cost of Form I-612
The filing fee for Form I-612 is $1,100. This fee is non-refundable, and fee waivers are generally not available for this form.
Always check the USCIS fee schedule for the latest information.
How to File Form I-612
To submit Form I-612, follow the steps below:
- Fill out Form I-612 with your personal information
- Gather all supporting documents and evidence
- Include payment via check or money order, or use Form G-1450 for credit card payments
- Send the form to the correct USCIS mailing address based on your location and type of waiver. You can find the most up-to-date addresses on the USCIS I-612 instructions page
Note:
- Each J-2 dependent who is subject to the requirement must file a separate waiver application
- You should not send original documents unless specifically requested
- You must file Form I-612 by mail. You cannot file online
Processing Time for Form I-612
The current processing time for Form I-612 is around 18.1 months. Timelines vary based on the USCIS service center and the complexity of your case.
You can check current wait times using the USCIS Processing Time Tool.
Form I-612 Deadlines and Key Dates
There’s no official deadline for Form I-612, but timing matters:
- It’s wise to apply well in advance of your J-1 visa expiration or any planned change of status
- If you’re subject to the home residency rule, you cannot apply for certain visas or status changes that the requirement would block before your I-612 is approved
Form I-612 FAQs
It’s usually noted on your Form DS-2019 or J-1 visa stamp. You can also request an advisory opinion from the Department of State.
Form I-612 is used specifically for hardship and persecution-based waivers. Other waivers — like the No Objection Statement or Interested Government Agency (IGA) waivers — have different forms and processes.
Not if you’re subject to the home residency requirement. You must wait for your I-612 to be approved first.
Medical documentation, financial records, affidavits from experts, and psychological evaluations can help demonstrate the severity of hardship.
It’s not required, but it may be helpful. Hardship or persecution cases can be complex.
No. Each person subject to the two-year rule must file their own waiver application.
You can, but it may affect your waiver process or other pending applications. It’s a good idea to speak with an attorney before traveling.
If denied, you must fulfill the two-year foreign residence requirement before applying for certain U.S. visas or status changes, unless you qualify for another waiver type.
Form I-612 does not grant work authorization. You must have separate work authorization to legally work in the U.S.
You must include a certified English translation with the original foreign-language documents.