Archived Information

The Attorney General of the United States is authorized to waive the residence requirement associated with an exchange visitor?s J-1 visa, upon the favorable recommendation of the United States information Agency and the request of an interested United States agency. The United States Department of Education (ED) serves as the United States agency in cases involving education and rehabilitative services.

The Secretary of Education has established the Exchange Visitor Waiver Review Board (Board) to act on behalf of ED. The Board reviews and evaluates applications submitted to ED. The Board evaluates each case solely on the information provided by the applicant. The applicant sustains the burden of establishing that a waiver is justified - in light of the applicable criteria.

The Board reviews applications only on matters involving education and rehabilitative services. The Board evaluates applications against the criteria listed below. The Board does not consider applications based on personal hardship, persecution or "no objection" of the home country: these matters should be directed to the United States Department of State.

Upon making its decision, the Board will notify each applicant and the exchange visitor. The Board forwards successful waiver applications to the Department of State for consideration, along with ED's request that the Department of State recommend a waiver of the J-1 visa residence requirement for the exchange visitor.

The applicant for a waiver is the exchange visitor?s employing educational institution or organization. Applicants requesting the United States Department of Education to recommend a waiver should use these guidelines.

The applicant must submit a completed, signed and dated application form OMB No. 1840-0500 (ED-L60-2P), a copy of which is attached hereto. The applicant should submit a narrative and documentation responding to the Criteria listed below. A checklist is attached to assist applicants.

Please submit an original and two copies of the application to:

For additional information, contact the Board's Executive Director by phone at (202) 502-7817 or by E-mail at: karen.wenk@ed.gov.

The Board evaluates each application on the basis of the evidence presented by the applicant for each of the three criteria. The applicant should submit documentation evidencing that the exchange visitor?s work meets the three criteria, set forth below.

1. The program in which the exchange visitor is employed is of high priority to the national interest of the United States and supports the Secretary of Education's priorities and goals. Include:
   
   
   1. a complete description of the program;
   2. an explanation of how the program supports the Secretary's priorities and goals;
   3. evidence that the program is of high priority to the national interest of the United States; and
   4. the source and duration of the funding for the program, and the exchange visitor?s work with the program - e.g., State, institution, foundation, federal grant, etc.

      Note: the Secretary's priorities and goals can be viewed on the ED web site (www.ed.gov), and are reflected in ED's strategic plans and governing statutes.

2. The exchange visitor is essential to and an integral part of the program, and is devoting a substantial portion of his schedule to teaching and advising students. Include:



1. a detailed explanation of the exchange visitor?s relationship to the program;
2. a description of the future of the program if the waiveris not granted;
3. evidence of the applicant's long range plans for the exchange visitor;
   

   (Note: Include both evidence of the applicant's long range plans for the exchange visitor and the exchange visitor's long-term commitment to the applicant.)

4. a description of the ways in which the exchange visitor will contribute to the program in the future;
5. evidence of the source of the exchange visitor?s salary; (include both the source and the duration)
6. evidence that the exchange visitor is on tenure track;
7. a listing and description of courses taught by the exchange visitor; and
8. a description of the exchange visitor's other activities - e.g., research, counseling, etc.
3. The exchange visitor has outstanding qualifications, training, and experience. Include:



1. a description of the exchange visitor?s substantial contributions - or the potential to make substantial contributions - to American education or in the field of rehabilitative services;
2. the exchange visitor?s resume or curriculum vita;
3. evaluations of the exchange visitor?s teaching ability and performance;
4. a listing of the exchange visitor?s publications;
5. two sample publications or abstracts of the publications;
6. abstracts of the exchange visitor?s research; and
7. letters of recommendation from experts in the program area who are familiar with the exchange visitor?s qualifications, training and experience as related to the program area.

The applicant should provide the following information:

1. Evidence that the exchange visitor is the best qualified person for the position. Include:



1. explanation as to why the applicant did not/could not hire a qualified person not subject to the J-1 visa residence requirement;
2. documentation of the applicant's recruitment process for the position, including copies of advertisements, correspondence of the search committee, number of applicants who applied and visa/citizenship status;
3. a description of applicant's selection process, including the number of persons interviewed for the position and the reasons for selecting the exchange visitor; and
4. evidence of shortage of qualified persons for the position.
2. Exchange Visitor's visa history. Include:



1. explanation of the visa status of exchange visitor - or, if visa has expired, explain visitor?s status;
2. legible copies of all IAP66 forms; and
3. listing of all funds, including the amount and the source, provided to the exchange visitor for study and training in the U.S., up to the date of submission of the application.
3. Other information relevant to establishing that the waiver would benefit the public interest.

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This page last updated June 30, 2000. (pws)