Many Indian Ph.D holders (and also others) visit USA on J1 VISA to pursue their postdoctoral research. Usually these visitors (J-1) are subject to a two-year home-country physical presence requirement which require them to return to respective home country for at least two years at the end of the exchange visitor program. This is also known as the foreign residence requirement under U.S. law, Immigration and Nationality Act, Section 212(e). Following link is usefull to check whether if you are subjected to this rule:
https://j1visawaiverrecommendation.state.gov/
Once J1 visitor return to India, and if he/she wish to visit USA again (for work), he/she have to apply for J1 VISA waiver. The procedure for applying “J1 waiver” has been well described to those people who apply for J1 waiver from USA. But procedure for applying “J1 waiver from India” has not been well described. I personally went through this situation (I am from Karnataka, India). So I decided to document all the steps involved in the process. Purpose of this website is to give discrete details on various steps involved in applying J1 waiver from India. If you follow the procedure described below, I am sure you will get your J1 waiver without much delay.
Click here to download forms;
https://sites.google.com/site/applyingj1waverfromindia/system/app/pages/search?scope=search-site&q=NORI
The most important precaution!
Make sure that address in your passport is same as your current address (most of the time it is not, because you got your passport when you are doing your Ph.D at university and 90% of the case it’s not your home town ). If address is not same, I strongly recommend you to make new passport with your current address. I am telling you, this is key step in the successes of obtaining J1 waiver from India. This step speed up J1 waiver procedure through bypassing repeated police enquiry.
Following steps are involved in applying J1 waiver from India (the current example is based on apply J1 waiver from Karnataka).
Step 1: Obtaining NOC from three offices
Go ahead and notarize 4 or 5 sets of the attached document “NORI Affidavit updated” and “Biodata-updated” on 100 rupee stamp paper (to download forms, type NORI on "search this site" present at top right corner). In addition to new passport number, make sure to enter Old passport number on which you visited to USA.
Print the attached document 1, 2 and 3. Then send the each set to following office address (with registered post, make sure to keep the tracking number).
Office 1 : The Under Secretary, Home Department (Passport & Foreigners), Government of Karnataka, Vidhanasoudha, Dr. Ambedkar Veedhi, BANGALORE – 560 001.
Office 2: The Passport Officer, Regional Passport Office, 8th Block, 80 Feet Road, Koramangala, BANGALORE – 560 095.
Office 3: Ministry of Human Resource Development, Department of higher Education, External Scholarship Division, 2nd Floor, Wing-6, West Block-1, R.K. Puram, Delhi-110 066.
When you send above documents to request NOC, make sure that you to stay in your current address. Because, you may receive call from police station for the enquiry (if you make new passport you will not receive call). Usually within one to two months you will receive all three NOCs from respective office. If not, keep tracking them through phone and email.
Step 2: Filling online DS3035 application and sending three NOC and third party barcode packet for J1 waiver
Then, fill the DS-3035 document from following link:
https://j1visawaiverrecommendation.state.gov/
(go to Complete an online application for a J-1 waiver recommendation.)
Print the PDF file and arrange two application packets as follows and send to respective addresses:
Application packet 1
1) Original NOC from a) Regional passport office, Bangalore, Karnataka, b) State Home Department, Karnataka, and c) Ministry of Human Resource, New Delhi, India.
2) Original Notarized affidavit and Biodata on Rs 100 electronic bond paper (use one from 5 sets prepared in step 1).
3) Copy of Third Party Bar Code page from US state Department containing Waiver Review Case File number (this is present at the end of the DS-3035 PDF file generated from online filling).
4) Copies of Indian Passport (New and old), US VISA stamp on passport and DS2019 forms (all).
5) Cover letter (attached document 4)
Send this application packet to: Consular section, CPV Division, Ministry of External Affairs,
Patiala House Annexe, Tilak Marg, New Delhi-110001.
Application packet 2
1. From DS-3035 PDF file print “Waiver Review Division Barcode Page” (on second page).
2. From DS-3035 PDF file print “J-1 VISA WAIVER RECOMMENDATION APPLICATION” including “supplementary applicant information pages”
3. Copies of all (including your spouse and kids) DS-2019 forms (on which you visited to USA) and old and new passport copies.
4. Application fee of $120 PER J-1 APPLICANT (no fee for J2 applicants). Please send a cashier's check or money order in U.S.currency drawn on a U.S. bank, made payable to THE U.S. DEPARTMENT OF STATE. Include your name, date and place of birth on whatever form of payment you submit.
5. Two self-addressed (see precaution below) , USA stamp envelopes.
Send this application packet 2 to: U.S. Department of State, Waiver Review Division, P.O. Box 952137, St. Louis, MO 63195-2137
Precaution: If you have friend in USA, I strongly recommend you to take his help. Send all your document to him/her bye e-mail and ask them to take $120 cashier's check or money. Also tell them to write his/her address on self-addressed envelope and post to application packet to following address:
After completing step 2, within a month you will receive copy of “NORI recommendation letter” from Consular section, India, who will then transfer your “NORI recommendation letter” to US Embassy in New Delhi, India. Then US Embassy in New Delhi, India will transfer your “NORI recommendation letter” U.S. Department of State, Waiver Review Division.
When “U.S. Department of State, Waiver Review Division” receive NORI letter from respective people, they will update the status online. You can check the status of your application online using your case number (where you generated DS-3035).
Then “U.S. Department of State, Waiver Review Division” will recommend your case to United States Citizenship and Immigration Services (USCIS) for the J1 waiver (you/your friend will also receive same letter by mail, self-addressed envelope). All this process depends on “how soon” Consular section of India send your NORI to US Embassy in New Delhi. So, if you do not get any response after month, get in touch with consular section of India by e mail.
When your case reaches to USCIS, you will receive case number for your application. They usually take 3-4 weeks to grant J1 waiver. You (or your friend) will receive document by mail stating that you have been waived from “two year home country stay”. The whole process, that is Step 1 and Step 2, usually take minimum 4 months. In my case it took bit longer (6 months). Hope above information is useful. Good luck.