Update for anyone who might be going through the same process:

I heard back 3.5 months after the recommendation was sent, the consulate sent me an email telling me to send in my passport to the consulate. This is their implied way of saying my waiver was approved. I just had to send in a $40 usd cashier check and my passport. They mailed my passport back in about 4.5 weeks with the visa sticker that says:

Annotation
212 (SMALL A) (9) A) (SMALL I) WAIVER GRANTED

The visa expires in 5 years so I’m guessing that is also the length of the waiver. Even though my visa is for 5 years, I have to leave and re enter US every 2 years.

@KatM

It sounds good, interesting they didn't actually take the package or the fee. The fee by the way is $930USD.

I think they will either simply approve the visa (most likely) or if Homeland Security has an issue and wants more information, you may get a request to file the actual waiver. (less likely)

This is just my speculation by the way, I have no knowledge/experience of this type of waiver, so on this message board, KatM IS the expert.

I agree there is very little info out there on this so I'm happy to share my experience. I am a Canadian citizen, and this is the US consulate in Toronto that processes certain types of US visas. In 2022 I was trying to do a waiver and an E2 investor visa and my lawyer recommended that I try to get the waiver approved first before going to get the E2 visa, which makes sense, and the E2 interview was scheduled for way out in 2023 anyway.

I posted before in here that I got denied for the waiver after 6-7 months of waiting since I applied for it too soon (5 yrs ban for unable to overcome presumed immigration intent). But I decided to go for the interview anyway and my lawyer told me to bring my waiver reapplication package with me to apply at the consulate - 8 CFR § 212.2 is the law he found that should allow me to do this. So at the interview of course the officer has information of my ban. He said he's giving me an administrative leave refusal (so different than a standard refusal). He doesn't accept my waiver package but eventually emailed me 2 weeks later saying he has forwarded a favourable recommendation to the DHS for my waiver. So it looks like I have reapplied for the waiver through the consulate WITHOUT an application NOR the $920 application fee. I wish I could have submitted my new personal statement and some volunteering reference letters to strengthen my re-application but I guess it was a great outcome to get a direct recommendation from the consulate - it's basically saying my visa would be approved and the applicant would be beneficial for the US society so they should grant a waiver. I'm not celebrating yet as it's not a slam drunk approval even though (according to other websites) the rate is apparently very high , and they usually only deny a recommendation if they think you pose too high of a risk to society.

Happy to answer any additional questions.

@KatM

No idea although 4 months is normal for "regular" waivers.

Can you explain the process you went through
-getting an appointment
-what happened there
-your circumstances? For example you are not a Canadian Citizen, I assume so that is different.

The reason I am asking is because I usually don't even DO waivers for non citizens, because too often I have found them impossible to get processed. Any information would allow me to better advise people but more importantly, there is VERY little information about the consulate and applying for a waiver.