USDA J-Waiver Criteria

CRITERIA FOR IGA ENDORSEMENT CONSIDERATION IN SUPPORT OF TWO-YEAR FOREIGN RESIDENCE REQUIREMENT WAIVERS

"Under Section 212(e) of the Immigration and Nationality Act (Title 8 of the U.S. Code), an interested United States Government agency may support a application from a foreign national for a waiver of the two-year foreign residence requirement. According to 22 CFR 41.63(c)(1) and (c)(2) the foreign national must be “actively and substantially involved in a program or activity sponsored by or of interest to [the] agency”, and “the grant[ing] of [a] waiver … would be in the public interest” and the program or activity would be detrimentally affected were the foreign national “unable to continue his or her involvement.” In addition to the minimum requirements outlined in 22 CFR 41.63, the United States Department of Agriculture (USDA) requires that the program or activity provide direct benefit to a USDA office or agency.

USDA has created the following list of criteria required for consideration of an IGA petition. ..." - USDA, Aug. 2013.  [Thanks to David Ware.]