Step by Step Instructions for Preparing a Waiver Application

Filing for a waiver of the 2-year home residence requirement with the Department of Health and Human Services

• The U.S. Department of Health and Human Services (HHS) Exchange Visitor Program accepts applications to request a waiver of the two-year foreign residence requirement on the basis of research performed in an area of priority or significant interest to the agency
• All applications for research waivers are reviewed by the HHS' Exchange Visitor Waiver Review Board
• Contact is
      Joyce E. Jones, Executive Secretary
      Department of Health and Human Services
      Exchange Visitor Waiver Review Board
      Hubert H. Humphrey Building, Room 639-H
      200 Independence Avenue, SW
      Washington, DC 20201
      Phone: (202) 690-0696
• The HHS review board consists of scientific experts who will evaluate the facts presented in the application and determine whether the research program has met the requirements and the researcher’s role satisfies a standard of quality and essential participation

Waiver Application Form and Supplementary Information Instructions

Important note – this is not a U.S. Citizen and Immigration Service (USCIS) application

Please be certain to carefully follow the instructions below.

• A case number must be obtained from the U.S. Department of State before an approved application can be forwarded to the Department of State from HHS
• Form HHS 426 – Application for Waiver of the Two-Year Foreign Residence Requirement of the Exchange Visitor Program (DOC - 41KB) (PDF - 29KB)
• Supplementary information instructions: Supplement A – Research (DOC - 33KB) (PDF - 22KB)
• All materials provided to HHS for application of a waiver must conform to the HHS guidelines and clearly state that it is for the J-1 waiver and no other immigration action
• Application materials for an O-1 visa are not relevant to this process
• Supplement B – Clinical Care (See also Requirements for Waiver for Clinical Care)

Supplement A – Research Required Information

1. Detailed description of the research program in which the exchange visitor is engaged
2. Description of the J-l’s specific research role in the program
3. Information regarding how the exchange visitor’s role and expertise is related to other personnel engaged in the program
4. Provide documentation of national journal advertising and the results to show the applying institution has made efforts to recruit for the exchange visitor’s position at a fair market rate and was unable to find a suitable replacement- additional information can include internet recruitment and letters to colleagues in the field
5. Information on how the loss of the exchange visitor’s services will seriously restrain the success or continuation of the program or a major portion thereof
6. That the applying institution has made long-range plans for the exchange visitor to contribute
7. That the exchange visitor is uniquely qualified to make significant contributions to the program, as confirmed by external recommendation letters and a strong publications record
8. The exchange visitor’s
   • Curriculum Vitae
   • Bibliography
   • Relevant recent publications (i.e. immediate past 3 years)
   • Copies of all nonimmigrant documents, including IAP-66, DS 2019, I-94, I-797, passport

Further explanation of Supplementary Information items

Detailed description of the research program in which the exchange visitor is engaged

• Health and Human Services will determine if the research program meets its criteria
• The scope and nature of the research, whether basic bench science, clinical research, clinical care, translational research, (basic research applied in a clinical setting), including percentage of effort in each area
• Scientific interest demonstrated by grants from sources such as the NIH (identify NIH grant number and provide first page and page showing J-1 percentage of time allocated to the grant)

Description of the J-l’s specific research role in the program

• The HHS review board will evaluate whether the researcher’s role is merely technical or is genuinely innovative, or a combination thereof
• The extent to which the researcher leads the research
• The percentage of time in their overall responsibilities dedicated to research

Information regarding how the exchange visitor’s expertise is related to other personnel engaged in the program

• Clarify each team member’s role and duties within the program, as compared to that of the exchange visitor

Evidence the applying institution made genuine efforts to recruit for the exchange visitor’s position and was unable to find a suitable replacement (Copies of the Ads should be submitted)

• Vigorous efforts to recruit must include:
  • Advertising in appropriate professional journals
  • Internet advertising and
  • letters to colleagues in the field can provide additional proof

Documentation that the loss of the exchange visitor’s services will seriously restrain the success or the continuation of the program or a major portion thereof

• Evidence that the researcher is essential in a program that would suffer significant set backs if the visitor were to leave—examples of set backs

That the applying institution has made long-range plans for the exchange visitor to contribute

• Examples of evidence – long term employment contracts, promotions, salary increases or academic appointments

That the exchange visitor is uniquely qualified to make significant contributions to the program

• External letters of recommendation from experts in the field, colleagues, previous employers in the field of endeavor confirm the exchange visitor possesses outstanding relevant credentials and accomplishments (when previous employment included a position at NIH, any support letter from NIH cannot recommend a waiver - letter can be for program participation and information only)
• Quality, not quantity, is preferred

Last revised: April 22, 2009