a. They received funding from the United States Government, their own government, or an international organization in connection with their participation in the Exchange Visitor Program.

b. The education, training, or skill they are pursuing in this country appears on the Exchange Visitor Skills List for their country.

c. They acquired J-1 status on or after January 10, 1977, for the purpose of receiving graduate medical education or training.

Note: The law precludes use of this option by medical doctors listed in "c" above.

If an exchange visitor elects to apply for a waiver on this basis, the statement of "No Objection" must be sent directly from his or her embassy in Washington, DC to Visa Services in the United States Department of State. The Embassy must state that the visitor's government has no objection to his or her a) not returning to the home country to satisfy the two-year foreign residence requirement and b) remaining in the U.S. if he or she chooses. When the "No Objection" statement originates from the exchange visitor's government in the home country, it must be forwarded by that government directly to the American Consul at the U.S. Embassy or Consulate, which in turn will transmit the statement to Visa Services. The "No Objection" statement should be sent to the address provided above.

Once Visa Services has received the "No Objection" statement, the exchange visitor will be sent a Data Sheet to be completed and returned via certified mail along with legible copies of all the IAP-66 forms (formerly DSP-66), covering every period of his or her participation in an exchange visitor program, and an explanation for any period spent in some other visa status, out of status, or outside the United States. To expedite the application, many embassies have adopted the procedure of sending the applicant's completed Data Sheet and all IAP-66 forms along with the "No Objection" statement.

Visa Services will forward its recommendation that the waiver be granted or denied to the Immigration and Naturalization Service (INS) Center having jurisdiction over the exchange visitor's current place of residence in the United States. A copy will be forwarded to the exchange visitor.

If an exchange visitor is working on a project for or of interest to a United States Government agency, that agency may determine that the visitor's continued stay in the United States is vital to one of its programs. The head of the agency, or duly appointed designee, may request a waiver on behalf of the exchange visitor stating that his or her continued stay in the United States is in the public interest. The application must be sent directly to Visa Services (see address above).

If Visa Services agrees with the agency that a waiver should be granted, it will forward such recommendation to INS.

If the exchange visitor can demonstrate that his or her departure from the United States would cause extreme hardship to his or her United States citizen or lawful permanent resident spouse or child, he or she may apply for a waiver by filing an INS Form I-612 with the INS office having jurisdiction over his or her current place of residence in the United States. If INS makes a finding of exceptional hardship, it will forward the application to Visa Services for a recommendation. Please note that mere separation from family is not considered to be sufficient to establish exceptional hardship. If Visa Services determines that the hardship outweighs the program, policy and foreign relations considerations, it will forward a favorable recommendation to INS which will grant or deny the waiver.

INS normally follows Visa Services' recommendations to grant the waiver on all of the above grounds although it has the authority to deny the waiver. If the recommendation from Visa Services is negative, INS is precluded from granting the waiver.

Note: The law permits only medical doctors to apply for a waiver on this basis.

Pursuant to the requirements of Public Law 103-416, signed by President Clinton on October 25, 1994, if the foreign medical graduate a) demonstrates a bona fide offer of full-time employment at a health care facility in a designated health care professional shortage area, b) agrees to begin employment at the facility within 90 days of receiving a waiver and c) signs a contract to continue to work at the health care facility for a total of not less than three years, the designated State Department of Health, or its equivalent, may request a waiver on behalf of the exchange visitor. The request letter must state that his or her continued stay in the United States is in the public interest. Copies of all IAP-66 forms issued to the exchange visitor should be included with the waiver application. The application must be sent directly to Visa Services (see address above).

No more than 20 such applications may be granted for each state each federal fiscal year. If Visa Services agrees with the State Department of Health, or its equivalent, that a waiver should be granted, it will forward a recommendation to INS. This section applies to aliens admitted to the United States under Section 101(a)(15)(J) of the Immigration and Nationality Act, or acquiring such status after admission to the United States, before, on, or after October 25, 1994, and before June 1, 2002.