Siskind Susser's J-1 Hardship Waiver Flowchart
If Section 212(e) applies
Review IAP-66/DS-2019
based on skills list OR
form to determine
foreign government
applicability of Section
funding, then proceed to
212(e) J-1 home residency
No Objection Letter
requirement
Waiver (refer to that chart)
If Section 212(e) applies
based on US government
If the J-1 home residency funding or graduate File State Dept. data sheet
requirement does not medical training , if no and case number application,
apply, proceed to normal objection letter not 2 self-addressed envelopes
processing of non- possible, being pursued as and fee with Visa Waiver
immigrant or immigrant well or is not preferred, Review Office in St. Louis
visa proceed based on
hardship, persecution or
government agency waiver
Prepare and submit I-612
If USCIS believes hardship hardship application,
test met, it forwards case supporting documents, fee If USCIS believes hardship
to State Department for its and State Dept. case test not met, find new waiver
recommendation number to the appropriate strategy, file motion to reopen
USCIS Service Center and reconsider, file appeal or
comply with Section 212(e)
State Department enters State will approve case if If State Department,
case in tracking system it was properly filed (i.e. supports hardship claim, it
and begins processing; home country doesn't will forward waiver
additional information may object and applicant recommendation to
be requested by State otherwise eligible for USCIS; applicant at that
Department waiver) time can apply for change
or adjustment of status
If State Department does
not support claim, USCIS
USCIS must approve I-612
may support DOS and
waiver application;
deny or it may overrule
applicant free to proceed
and approve I-612; if
with non-immigrant or
approved, applicant
immigrant visa processing
proceeds to visa
processing