Part 1: Information about you
A-Number, USCIS online account number, Social Security number, names, mailing address, your last U.S. address if you live abroad, marital status, birth details, citizenship and country of last foreign residence.
I-612
Application for Waiver of the Foreign Residence Requirement (under Section 212(e) of the Immigration and Nationality Act, as Amended)
- Agency
- USCIS
- Revision
- Edition 04/01/24
- Fillable fields
- 205
- Pages
- 7
- Official source
- USCIS form page
- Checked
- October 20, 2026
Form I-612: Application for Waiver of the Foreign Residence Requirement
Form I-612, Application for Waiver of the Foreign Residence Requirement (under Section 212(e) of the INA, as Amended), is how a J-1 exchange visitor asks for a waiver of the two-year foreign residence requirement.
The instructions say INA section 212(e) requires certain J-1 and J-2 exchange visitors to return to their home country or country of last foreign residence for at least two years before they may apply for an immigrant visa, adjustment of status, or a change of status such as to H or L.
Form I-612 covers two bases: exceptional hardship to a U.S. citizen or lawful permanent resident spouse or child, or a belief that returning would lead to persecution on account of race, religion or political opinion. The instructions say the requirement cannot be waived unless the Department of State's Waiver Review Division makes a favorable recommendation.
What's on Form I-612
Part 2: Reason for the requirement
Select all that apply: a government-financed program, a grant such as a Fulbright grant, a country that designated your specialized skill, or graduate medical education on or after January 10, 1977.
Part 3: Reason for the waiver and J-2 dependents
One box for exceptional hardship or persecution, then the name, birth date, citizenship and country of last foreign residence of each J-2 spouse and child included.
Part 4: Additional information about you
Exchange program numbers and sponsors, major field of activity, occupation, last J-1 entry date and port of entry, and details of the U.S. citizen or permanent resident spouse or children claimed for hardship.
Part 5: Applicant's statement and signature
Whether you read the form yourself or used an interpreter, whether a preparer helped, your contact details, the declaration and certification, and your signature.
Parts 6 to 8: Interpreter, preparer and extra space
The interpreter's and preparer's details and certifications, including whether a preparer is an attorney or accredited representative, plus additional information space.
How to fill out Form I-612
- 1
Use one edition and write clearly
The USCIS page says the edition date and page numbers should be visible on every printed page, all from the same edition. Type or print in black ink. Write N/A where a question does not apply and None for a zero.
- 2
Mark why the requirement applies in Part 2
The instructions list the conditions that make an exchange visitor subject to the requirement. For questions about that, they suggest contacting the responsible program officer or a U.S. Embassy or Consulate.
- 3
Select one reason and attach a signed statement
The form says a hardship claim needs a signed, dated statement with financial details on your and your spouse's income and savings, or the application is incomplete. A persecution claim needs its own signed statement.
- 4
List every J-2 dependent
Enter each J-2 spouse and child in Part 3, using Part 8 for more space. The instructions say J-2 dependents not listed will not receive waivers with you.
- 5
Describe the hardship relatives in Part 4
For a hardship claim, give how the spouse or child obtained U.S. citizenship, with naturalization or certificate details, or their permanent resident details such as the A-Number and preference category.
- 6
Sign Part 5
The instructions say a stamped or typewritten name is not accepted, and a parent or legal guardian may sign for an applicant under 14. This page lets you fill the form online free, then print it for signature.
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Where to file, evidence and fees
Where to mail
For a hardship or persecution waiver, the USCIS page says to mail the form to the USCIS Elgin Lockbox or Phoenix Lockbox, depending on where you live, and lists separate USPS and courier addresses.
Department of State waivers
For an Interested U.S. Government Agency request, a No Objection statement or the Conrad Waiver Program, the USCIS page says to follow the process on the Department of State website.
Fee
The fee is on the USCIS Fee Schedule page, and the instructions point to Form G-1055. Fees can change, so check it on the day you file. The instructions say USCIS rejects a form sent without the correct fee or a signature.
Evidence for every application
Your statement on the hardship or persecution, copies of all Forms DS-2019 or IAP-66 for every exchange program you or your spouse joined, and a copy of your Form I-94. The instructions say not to send an original passport.
Evidence for a hardship claim
Proof of the spouse's or child's U.S. citizenship or permanent resident status, proof of the relationship, the marriage certificate, proof all prior marriages ended, and the child's birth certificate if the claim is based on a child.
Missing Form I-94
The instructions say a paper copy of an electronic Form I-94 can be obtained on the CBP website, and if that is not possible, by filing Form I-102 with USCIS.
Related forms
I-102
Application for Replacement/Initial Nonimmigrant Arrival-Departure Document
115 fields, 5 pages
G-28
Notice of Entry of Appearance as Attorney or Accredited Representative
101 fields, 4 pages
G-28I
Notice of Entry of Appearance as Attorney in Matters Outside the Geographical Confines of the United States
83 fields, 4 pages
G-1055
Fee Schedule
64 fields, 58 pages
Who files Form I-612?
Official sources and the blank
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Questions about Form I-612
What is the two-year foreign residence requirement?
The instructions say INA section 212(e) requires certain J-1 and J-2 exchange visitors to return to their home country or country of last foreign residence for at least two years before applying for an immigrant visa, adjustment or a change of status.
Can a J-2 spouse file Form I-612 alone?
The instructions say J-2 spouses still married to the J-1 and unmarried children under 21 may not file on their own behalf. They are listed on the J-1's application instead.
Is Form I-612 used for a No Objection or Conrad waiver?
No. The instructions say those, and waivers requested by an Interested U.S. Government Agency, are not filed with USCIS. The Department of State website describes the process.
Who decides a Form I-612 waiver?
The instructions say the requirement cannot be waived unless the Department of State's Waiver Review Division makes a favorable recommendation to the Secretary of Homeland Security. USCIS notifies the applicant of the decision in writing.
How do I know if I am subject to the requirement?
The instructions list three conditions, such as program funding by a government or graduate medical education. They suggest asking the responsible program officer or a U.S. Embassy or Consulate.
What is the Form I-612 filing fee?
USCIS fees change, so this page does not list one. The I-612 page points to the USCIS Fee Schedule, and the instructions point to Form G-1055.