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Click for more articlesUSIA INTEGRATION INTO STATE DEPARTMENT SLOWS WAIVER REVIEW PROCESS

independent agency and was integrated into the Department of State.  The USIA Waiver Review Branch is now the State Department’s Waiver Review Division of the Office of Legislation, Regulation and Advisory Assistance in the Visa Office of the Bureau of Consular Affairs.  This Division performs the same functions once handled by the Waiver Review Branch, reviewing applications for waivers of the two-year foreign residency requirement that is attached to many J-1 exchange visitor visas.

As practitioners and those with cases pending before the Waiver Review Division can attest, the transition from the USIA to the State Department has been anything but smooth.  Applications have been pending for months longer than usual, and it seems as if there has been a complete halt in all processing as well as communications with the public.  The State Department has provided a phone number where information may be obtained, but these have been less than helpful for most people.  An automated line is available for application status inquiries at 202-663-1600.

According to the Waiver Review Division, average processing times are as follows:

·        No objection                                                90-120 days

·        Interested U.S. Government agency             60-90 days

·        State department of health                         60-90 days

·        Exceptional hardship                                       120 days

·        Fear of persecution                                       120 days

·        Advisory opinions                                     8-10 weeks



Of course, these numbers do not necessarily reflect the experiences of all people with pending cases.  Not only are processing times for applications steadily growing longer, there has been a noticeable decline in the Division’s ability to respond to information requests in a timely manner, and in its adherence to its own procedures – for example, there are reports that it has failed to issues copies of its waiver recommendations. 

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Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
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