Theoretically, you can file a Supreme Court case for the unconstitutional hardships waiver waiting times violating your constitutional rights. But it requires very substantial financial investments, maybe a decade of legal effort, and would only help those who face this challenge after you. Most of us regular people eventually go through this and even get our green cards and prefer never to forget this difficult time. On top of that, you will need evidence that your constitutional rights were violated, and DOS can always counterclaim that they are understaffed and under-budgeted, likely resulting in the case dismissal without a hearing. With DOS being quite a black box, it's hard to build an argument. There was a person who tried to collect the hardships cases and run some analysis on them; remember what happened to him? Furthermore, the strongest argument against any J-1 hardship seeker can be "Nobody forced you to take the J-1". It's not like they do not tell you that there is a 2YHR. It's just they are not clear enough about how big of a trouble it can be. Many people have no idea about J-1 2YHR until they encounter it. This is actually the biggest fallacy of the J-1: if you can get hired as a J-1, you most likely can file for the NIW green card. In summary, as an individual, you probably can't do much to change this situation as it has remained unchanged for the past 30 years. Wait it out if you can, or file mandamus if you can afford it. If you win a couple of million in the lottery and would be willing to spend it on a legal battle with DOS in the supreme court, let me know.