Interested Government Agency (IGA) Waiver

Ranchod Law Group

March 4, 2024

The two-year foreign residency requirement associated with the J-1 visa requires certain exchange visitors to return to their home country or last permanent residency for two years after the completion of their J-1 program. However, you may be able to bypass this requirement if you receive an Interested Government Agency (IGA) Waiver.

If you’re an exchange visitor working on a project that’s of significant interest to a government agency, and your departure from the United States would be detrimental, the interested Federal Executive Agency can request that the foreign residency requirement be waived.

Do You Qualify for an IGA Waiver?

If you’re subject to the 2-year foreign residency requirement and have difficulty obtaining a No Objection Statement from your home country, an IGA waiver may be a suitable alternative. Here are five factors to consider when determining your eligibility:

Sponsoring IGA: You must have a sponsoring IGA to start the IGA waiver application process; if your project or program receives funding from a governing agency, that agency can sponsor you.
Employer/Prospective Employer Support: Most, if not all, IGAs exclusively accept waiver applications submitted by the employer or prospective employer of the individual seeking the waiver. In some cases, you may be required to obtain support from higher-level administrators in addition to your immediate supervisor. The IGA may also specify certain actions that the employer must take, such as endorsing the IGA’s waiver application, providing project information, or conducting recruitment efforts to assess alternative candidates who are not subject to the foreign residency requirement.
Project Timeline: IGA waivers are typically sought when the time constraints imposed by the J-1 program (even with extensions) are inadequate for completing the research project or program. You should be able to demonstrate your involvement in the project and how returning to your home country for two years would have a detrimental effect on it.
Your Role in Program: Your achievements while involved in the program or project can play a significant role in whether the waiver application is granted, so highlighting your role is crucial. Some examples of contributions that will add strength to your case are publications you’ve contributed to, patents, or significant breakthroughs in research.
Recommendation Letters: Building strong personal relationships with program or project supervisors is highly recommended, as letters of recommendation or support will greatly improve the chances of your waiver being approved. Letters from experts outside the project can also be beneficial because they can provide additional support for your talents and accomplishments in your field.

The more of the above criteria you meet, the higher the likelihood of your application being approved.

The IGA Waiver Process

Here’s an overview of the steps involved in applying for an IGA Waiver:

Determine Your Sponsoring IGA: You must identify which government agency will sponsor your Waiver Request. Your project need not be directly related to the agency’s work. Each agency has its own criteria for sponsoring a J-1 Waiver, and we can help you find the right fit.

Complete the State Department J-1 Waiver Review Application: Fill out the J-1 Waiver Review Application provided by the U.S. State Department’s Waiver Review Division. This form includes questions about your program, funding, and the basis for seeking a J-1 waiver. Submit it along with other required documents and the processing fee to the Waiver Review Division.

Request Sponsorship from the IGA: Your employer or prospective employer, (not you or your sponsor) must request the waiver on your behalf. They should provide a convincing statement explaining how granting the waiver benefits the agency’s interests and why it would be detrimental if you returned to your home country. Include supporting documentation and letters of recommendation from experts in your field.

Receive Final Determination: The State Department will review your application and send its recommendation to the USCIS for the final decision. The USCIS usually grants a waiver if the State Department’s recommendation is favorable.

Seek Professional Guidance

Given the complexity of the IGA Waiver process, it’s strongly recommended to seek the advice of an experienced immigration attorney to ensure the success of your application.

If you believe you may qualify for an IGA Waiver or have questions about the process, please contact the Ranchod Law Group. With over 20 years of experience in immigration law and a focus on J-1 waivers, we’re well-versed in the waiver options available and will help you find the best one for your situation. We’re here to provide personalized support to help you secure a J-1 visa waiver and advance your career goals in the United States.