J-1 Waivers During a Government Shutdown: IGA, Hardship, No Objection

(UNITED STATES) With a federal funding lapse looming, applicants with a J-1 visa who are seeking relief from the two-year home residency rule are asking the same question: Will my waiver application stall? As of October 1, 2025, fee-funded services continue even during a shutdown, and that includes most parts of the waiver process.

The U.S. Citizenship and Immigration Services (USCIS) runs mainly on fees rather than annual appropriations, so it can accept and work on Form I-612, Application for Waiver of the Foreign Residence Requirement, the application used to request a waiver of the foreign residence requirement. That means the core path for hardship and persecution claims remains open, and in many cases, so does processing tied to no objection and Interested Government Agency (IGA) cases.

What keeps moving, and what may slow down

USCIS will keep accepting and processing Form I-612 because it is fee-based. Applicants can still file new cases, respond to requests for evidence, and receive decisions.

The Department of State (DOS) continues to play a central role in J-1 waiver recommendations. While DOS draws on mixed funding, most shutdown impacts described by agencies in recent cycles have focused on non-fee activities.

According to analysis by VisaVerge.com, the most direct risk during a shutdown is not a total stop, but slower handoffs or administrative steps that rely on interagency coordination.

• No objection cases
  • The home country’s ministry or embassy issues a statement saying it does not object to the person staying in the United States rather than returning home for two years.
  • The U.S. shutdown itself does not block a foreign government from sending that statement.
  • If the process requires coordination with a U.S. office that is only partly staffed, that piece may slow.
• Hardship or persecution claims
  • USCIS handles adjudication for these cases, and they can move forward because they rely on fee revenue.
  • Any extra checks that involve other agencies could take longer if those partners reduce operations.
• IGA waivers
  • A U.S. agency asks that the two-year home residency requirement be waived due to the public interest.
  • If an agency has limited staff during a shutdown, its internal review, signature process, or transmission of the request could take more time, even if USCIS remains open.

In practice, applicants may not see a dramatic change at the filing stage. The greatest risk is a longer wait when the process calls for coordination beyond the basic USCIS review or when a specific U.S. agency must act on an IGA request.

Practical guidance for J-1 waiver applicants

J-1 waiver pathways share the same goal—removing the two-year home residency condition—but they differ in who supplies the key evidence and which government bodies must agree. During a shutdown, applicants can take steps to keep their cases moving:

• File and track the case
  • You can still submit Form I-612 for a waiver application tied to hardship or persecution.
  • USCIS keeps working on such filings because they are paid for by fees.
  • Link the correct form: Form I-612, Application for Waiver of the Foreign Residence Requirement.
• Watch status changes closely
  • DOS issues recommendations to USCIS, which then makes the final decision.
  • If your path involves DOS review, log in to your case portals often and keep copies of any notices.
• Expect possible delays in interagency steps
  • Even if USCIS continues, tasks that require DOS action, an IGA’s internal approval, or extra background checks may take longer when some offices have limited staff.
• Prepare complete packets
  • A strong, well-documented file reduces the need for back-and-forth.
  • For hardship cases, include clear evidence showing how returning home would cause exceptional hardship to a U.S. citizen or lawful permanent resident spouse or child.
  • For persecution cases, include detailed country conditions, affidavits, and any legal reports that support the claim.

• Keep timelines in mind
  • If your J-1 status end date or work start date in another status is approaching, plan for buffer time.
  • A waiver does not by itself grant work permission. To work or stay in another status, you must file the correct change of status or immigrant process after the waiver is granted, subject to normal eligibility rules.

Important: A waiver approval does not give employment authorization or a new status. It only removes the two-year home residency bar.

Common concerns and practical notes

• No objection statements
  • These statements come from the home country government, not a U.S. office, so they can still be issued.
  • The potential slowdown appears when a U.S. agency needs to confirm or process the document during reduced staffing. Even then, the effect is more likely a delay rather than a full stop.
• IGA requests
  • Stay in steady contact with the requesting U.S. agency.
  • If that office faces short staffing, plan for extra time to secure endorsements, complete internal memos, and send the official request.
  • Applicants whose research, medical service, or public interest work depends on this route should also speak with program sponsors about timing and any temporary coverage needed if approval takes longer.
• Uneven timelines are likely
  • One case may move quickly through USCIS but wait longer for a DOS recommendation, while another may slow at an agency that must provide an IGA letter.
  • During prior funding gaps, this mixed pace was common, and the same pattern is likely again.

For families, employers, and sponsors

Timing matters for families and employers. A J-1 exchange visitor who hopes to switch to H-1B, start a residency program, or file for permanent residence often needs the two-year home residency rule waived first.

• Because a waiver application can take months even in normal times, a shutdown-period slowdown can ripple into start dates and payroll.
• Schools, hospitals, and labs may need to adjust onboarding plans to avoid gaps in service or missed teaching weeks.

Employers and sponsors should:
1. Prepare alternative start dates.
2. Confirm which steps rely on USCIS versus another agency.
3. Set up quick communication channels with counsel and HR.

Clear planning reduces last-minute scrambles if a document takes an extra few weeks.

Transparency and monitoring

Advocates say transparency during a shutdown is the best tool available. Agencies generally post status pages and public updates when operations change. If an office must pause a specific service that touches J-1 waiver processing, it typically announces it.

• Applicants should save these notices with their files in case a deadline is affected and later needs an explanation.
• VisaVerge.com reports that, while news of a government shutdown can raise fears of broad stops, fee-based immigration work tends to keep running.

Final practical checklist

• File on time and send complete evidence.
• Monitor both DOS and USCIS steps regularly.
• Build in extra time for interagency coordination.
• Confirm your waiver category: no objection, IGA, or hardship/persecution — each path has different evidence needs and timing risks.
• Remember that removal of the two-year home residency condition is only one part of a broader plan (future status change, consular processing, or adjustment of status), none of which is automatic after a waiver is granted.