Wolfsdorf Rosenthal LLP

USCIS Announces Processing Changes for J-1 Foreign Residence Waivers Under 212(e)


U.S. Citizenship and Immigration Services (USCIS) issued a public notice on December 19, 2006, outlining processing changes for new filings, based on claims of exceptional hardship or persecution, of the Application of Waiver of the Foreign Residence Requirement of section 212(e) of the Immigration and Nationality Act. Among other things, USCIS’s Nebraska, Texas, and Vermont Service Centers have begun forwarding to the California Service Center any such new filings. USCIS noted that it is not necessary for those who filed an I-612 previously to file a new application. New applicants seeking such a waiver should file their I-612s with the Service Center having jurisdiction over the applicant’s place of residence.

USCIS also noted that all 212(e) waiver recommendations received by the agency from the Department of State (DOS) based on a “no objection” statement from the individual’s home country, a request by an interested U.S. government agency, or a request by a state health department (State Conrad 30) are being forwarded to the Vermont Service Center (VSC) for processing. Waiver recommendations based on these three eligibility categories are transmitted electronically from the DOS to the VSC and are included in USCIS’s electronic case management system as an I-612. Following the review of DOS’s recommendation and completion of requisite security checks, the Service Center will issue a decision on the waiver request.
The notice is available at www.uscis.gov.

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