Frequently Asked Questions

1. How long does it take to process an application for a waiver?
2. How often do the waiver board members meet?
3. Can you send me a listing of the board members’ names and phone numbers?
4. My visa is about to expire. Can the waiver review board expedite my case?
5. Can your office send me information about institutions that participate in the program?
6. How many copies of the application package would you like submitted?
7. Is there a fee for processing a waiver?
8. Is there a specific format for preparing an application?
9. After a favorable HHS decision, what are the next steps and those processing times?
10. What is the decision-making process?
11. What is the overall public policy underlying the waiver process?
12. How many waivers does the Board review annually?
13. What is the approval rate?
14. How many members does the Board have?
15. Who comprises the Board?
16. Who are the technical reviewers?
17. What is the most common reason for denials?
18. What is the most common mistake applicants (or attorneys) make in HHS waiver applications?
19. What is your best advice to applicants (attorneys) to ensure success of HHS waiver applications?
20. What is the current processing time for waiver denial reconsideration?

1: How long does it take to process an application for a waiver?
A: It usually takes 4 to 12 months to process a waiver case. However, failure to have the correct immigration official’s clearance and signature and all of the supplemental information, clearly marked, item-by-item, may result in further delays.

2: How often do the waiver board members meet?
A: The board members do not usually meet as a unit. Cases are reviewed individually by each board member, in turn.

3: Can you send me a listing of the board members’ names and phone numbers?
A: All questions about your application should be directed to the Board’s Executive Secretary, Joyce E. Jones, at (202) 690-0696.

4: My visa is about to expire. Can the waiver review board expedite my case?
A: No. Cases are processed on a first-come, first-served basis.

5: Can your office send me information about institutions that participate in the program?
A: No. It is the responsibility of each J-1 applicant to locate a sponsoring institution.

6: How many copies of the application package would you like submitted?
A: Send ONLY the original package unbound. Sample of current publications—relevant to the application—should be individually stapled.

7: Is there a fee for processing a waiver?
A: Not at HHS, but there is a State Department fee. More information is available at Exchange Visitor (J) Visas at http://travel.state.gov/visa/temp/types/types_1267.html. (U.S. Department of State)

8: Is there a specific format for preparing an application?
A: The application form should be filled out. Each item on the Supplementary Information sheet should be addressed and marked clearly (items 1 through 9) in a document signed by the applying institution. Cases submitted by outside legal counsel must represent the applicant organization, not just the J-1 applicant. A letter, or Form G-28, Notice of Entry of Appearance as Attorney or Representative at http://www.uscis.gov/files/form/g-28.pdf (PDF - 111KB) (U.S. Citizenship and Immigration Services) must be signed. A cover letter only from counsel is requested with no duplication of the materials supplied by the applicant institution. Exhibits and appendices should not be used.  For clinical care, all documents required in Supplement B must be submitted as one application package.

9: After a favorable HHS decision, what are the next steps and those processing times?
A: HHS forwards a recommendation to the Department of State waiver review branch, which makes their decision and forwards a request to USCIS if favorable.

10: What is the decision-making process?
A: First: Initial review by the Executive Secretary (ES) to assure that the best possible application (i.e. complete information, proper signatures, etc) is forwarded to start the review process.
Second: a technical review by the most relevant HHS component, usually an NIH institute, is prepared as a guide for the Board in their review.
Third: an independent review is done by two board members and returned to the Executive Secretary in the case folder.

11: What is the overall public policy underlying the waiver process?
A: The research and J-l’s role in an application for waiver is weighed against the Board’s criteria in honoring the intent of the J-l exchange visitor program.

12: How many waivers does the Board review annually?
A: Currently approximately 50 new per year.

13: What is the approval rate?
A: Approximately 75% are approved the first time and a total of 85% if there is a reconsideration.

14: How many members does the Board have?
A: The Board at all times consists of three Board members and the Chairman of the Board.

15: Who comprises the Board?
A: All Board Members are HHS employees or scientists emeritus.

16: Who are the technical reviewers?
A: Technical reviews are provided by the most relevant HHS component (usually an NIH Institute).

17: What is the most common reason for denials?
A: The exchange visitor’s own research credentials, i.e. lack of first authorship publications, lack of original and significant contributions to the research program are the most frequent.

18: What is the most common mistake applicants (or attorneys) make in HHS waiver applications?
A: Not providing the right detailed information requested on HHS Supplementary information sheet.
Lack of clarity, lack of specificity in describing to the Board what the exchange visitor’s role is within the program.

19: What is your best advice to applicants (attorneys) to ensure success of HHS waiver applications?
A: If unclear of the instructions they should contact the Executive Secretary directly before preparing their application. (202) 690-0696.

20: What is the current processing time for waiver denial reconsideration?
A: 3 to 4 months.

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Last revised: April 17, 2009