Once the visa validation period has expired, certain J-1 visa holders are then subject to the Foreign Residency Requirement which mandates that the visa holder must return to their home country for two years before they are eligible to come back to the United States under certain nonimmigrant visas (H visas, L visas, K visas) or apply for a green card. However, if your countries embassy submits a No Objection Statement on your behalf, it can allow you to avoid the Foreign Residency Requirement. This guide if for you if you want to learn about qualifying for a J-1 Waiver with a no objection statement, how to apply for one with your embassy, the processing times, costs and more.
Who is Subject to the Foreign Residency Requirement?
Not all J-1 visa holders are subject to the two-year home residency requirement. This requirement only applies if your J-1 program meets at least one of these three specific conditions:
- You received funding from the U.S. government, your home country’s government, or an international organization for your exchange program. (such as the Fulbright scholarship).
- The field of study or skill you are engaging in is on the “Exchange Visitor Skills List” for your home country.
- You are in the U.S. to receive graduate medical education or clinical training (e.g., a medical residency or fellowship).
According to VisaNation lawyers, check your documents, either the Form DS-2019 or J-1 Visa Stamp, to determine whether you are subject to “subject to 212(e),” the legal title for the at-home residency requirement.
Examples of J-1 Holders Who Are Often NOT Subject:
- Camp Counselors
- Au Pairs
- Summer Work Travel participants
- Interns or Trainees in fields not on their country’s Skills List and whose programs have no government funding.
What is a No Objection Statement (NOS)
A No Objection Statement (NOS) is an official letter from a J-1 visa holder’s home country government. It confirms to the U.S. Department of State that the government does not object to the visa holder waiving the two-year home-residency requirement.
The statement also declares that the home country does not have an objection to the applicant potentially becoming a permanent resident in the United States.
No Objection Statement Request Process
After the applicant requests the no-objection statement, their home government must issue it and send it directly to the U.S. government. The No Objection statement may be issued by:
- The Embassy in Washington, D.C.: The home country’s embassy creates the NOS and sends it directly to the Department of State’s Waiver Review Division.
- A Ministry in the Home Country: A designated ministry can send the NOS to the U.S. Embassy in that country. The U.S. Embassy then forwards it to the Waiver Review Division.
If favorable and accurately based on the No Objection Statement qualifications, a recommendation letter is sent to the USCIS, which will then make the final decision.
J-1 Waiver Eligibility
To bypass the Foreign Residency Requirement, you need to obtain a DOS J-1 visa waiver. To qualify for this, you need to meet one of the five statutory bases. They are:
- No Objection Statement: We will cover this in detail below.
- Exceptional Hardship: You will need to prove that returning to your country will result in hardship for your dependents, provided that they are U.S. citizens or legal permanent residents (green card holders)
- Government Intervention: If it is in the best interest of an agency of the U.S. government to have you remain in the U.S., then you may qualify for the waiver.
- Persecution: You must be able to prove that returning to your home country will most likely result in being persecuted.
- Conrad Program: In this situation, a waiver can be granted if the J-1 visa holder is a medical graduate who has received an offer for a full-time job in an area with a shortage of healthcare professionals.
You Are Ineligible for a No Objection Statement If You Are:
- A foreign medical physician with J-1 visa status who is receiving graduate medical education/training, unless you have received J-1 visa status before January 10, 1977.
- Directly or indirectly being financially supported by the U.S. government.
The option of obtaining a No Objection Statement depends on the applicant’s home country. Not all countries provide No Objection Statements, while others approve the requests quickly.
On average, it takes most countries 6-8 weeks. The applicant should determine their country’s stance on the No Objection Statement before they begin the waiver process.
How To Get a J-1 Waiver Under a No-Objection Statement Basis
Since the No Objection Statement basis involves both the government of your home country and that of the United States, the best thing is to understand the process from both ends before starting it. The following are the steps for applying for a no-objection statement waiver.
Step One: Confirm Your Eligibility and Research Your Country’s Policy
Before you begin, confirm these two things:
- You are subject to the two-year rule. Your DS-2019 or visa should indicate this.
- You are eligible for a “No Objection Statement” waiver. If your J-1 program was funded by the U.S. Government (e.g., Fulbright), you are generally not eligible for this type of waiver and must pursue other options.
After you have confirmed the above, you need to research the no-objection statement guidelines of your government. Every country has its own policy and instuctions for requesting a no-objection statement for its citizens under a J-1 visa in the U.S. Therefore, you will need to familiarize yourself with the policy.
Some countries may require their citizens to obtain multiple forms from their embassy in the U.S., which they will also have to send to various government institutions in their country. Below are some general guidelines for various countries on the issuing of the no-objections statement:
You can easily find your country’s policy on the internet or by directly contacting relevant governmental departments that oversee these decisions.
Step Two: Complete the J-1 Waiver Online Application (Form DS-3035)
- Go to the Department of State’s (DOS) J Visa Waiver Online portal.
- Complete Form DS-3035 online. The system will generate a unique barcode on the completed form.
- Write your Statement of Reason. For a standard no objection case, this is a simple explanation of why you wish to stay in the U.S. It does not need to be long or complex.
- Pay the non-refundable $120 application fee in the form of a cashier’s check or money order payable to the U.S. Department of State.
- Print the completed DS-3035 application, including the barcoded cover sheet. Do not print a blank form and fill it by hand. Include the following in your packet:
- The printed DS-3035 application page with your barcode, which you must sign.
- Legible copies of all DS-2019 or IAP-66 forms you have ever been issued (this is essential).
- A copy of your current passport’s data page (showing your photo, name, and expiration date).
- Two self-addressed, stamped, legal-size envelopes.
- Mail the entire printed to the correct address listed on the Department of State website using a service with a tracking number. Once received, you will be issued a case number as well as any additional instructions. You can use this case number to check the status of your pending application.
Step Three: Request the No Objection Statement from Your Home Country
With your official case number from the Department of State, you can now request the no objection statement from your government. You will need to follow the steps outlined by the embassy of your country for making the request. You must provide them with your DOS case number, necessary documents and fees, as well as the DOS waiver recommendation number that was issued to you.
If approved, your government will send the No Objection Statement directly to the DOS Waiver Review Division, referencing your case number.
The no-objection statement cannot be submitted by you. It must be exchanged between the two governments directly, though you may receive a copy of it.
Step Four: Await a Final Decision
Once the Department of State has received your application packet and No Objection Statement from your government, it will review your case. If it makes a favorable recommendation, it will forward your file to USCIS for the final approval.
How to Write Your Statement of Reason for J-1 Waiver
A statement of reason is like your supporting evidence for the J-1 waiver request. You will need to explain your reason for requesting a waiver for the home country presence requirement.
In this statement, you need to be concise and honest. Keep in mind that all the DOS needs is a convincing statement. As long as you are truthful, there is no need to overthink it.
If your situation is one where your home country is unlikely to object to waiving the requirement, then your statement of reason can be quite short and direct.
The statement of reason is created on the J-1 visa waiver online webpage. To ensure a smooth process, it is best to prepare and save this statement on your computer beforehand, which will allow you to double-check and edit it as well. You can then copy and paste it onto the webpage when you’re ready.
Sample J-1 Waiver Letter
For example, if you are married to a U.S. citizen, you can write,
“I am married to Bob Broward, who is a U.S. citizen, and we are planning on starting our family in the U.S. Bob Broward and I would like to stay in the U.S. as we already have a good foundation here and very much prefer living in the U.S. compared to my home country.”
Another example, if you have an offer of employment,
I have been offered a job at Regional Analytics in Memphis, TN and I would like to accept the offer to work for the company and live in the U.S.
If your J-1 program was funded by the U.S. government (or in some cases, your home government), you are generally subject to the two-year home residency requirement and cannot usually obtain a waiver through the “No Objection” route. Instead, you may need to pursue a waiver based on exceptional hardship, persecution, or through sponsorship by a U.S. government agency. These cases are complex, and consulting with an immigration attorney experienced in J-1 waivers can significantly improve your chances.
What if My No Objection Statement Request Is Denied?
Your no objection statement may be denied for various reasons. For instance, some countries have adopted a policy of not issuing no-objection statements to their citizens. If your home country has such a policy, your request will most likely receive a denial. Your no-objection waiver may also be denied if you have received funding either from the U.S. government or your home country government during your J-1 program.
Can I Appeal the Denial?
Unfortunately, you cannot appeal or file a motion to reconsider a J-1 waiver denial. Also, you cannot reapply under the same basis that you have been denied. If your no-objection waiver request is denied for any reason, you may explore any of the four remaining bases to get a waiver if your situation meets those requirements.
- Provide evidence that your U.S. citizen or spouse would face exceptional hardship if you return to your home country.
- Provide proof that you will suffer persecution because of your race, religion, political views.
- Get an interested government agency (IGA) to recommend you for a waiver because you are involved in a project or research, and it is in the best interest of the agency for you to remain in the U.S. to complete the work.
- A request by a designated State Public Health Department, under the Conrad Program Waiver for physicians
Processing Time for J-1 No-Objection Waiver
The processing time for a no-objection waiver is within six to eight weeks if you follow the above steps and present your case in a convincing way. It is one of the shortest among the bases for a waiver.
When Can I Change or Adjust My Status After a J-1 Waiver?
Before the final decision is made on your application, you can start an application for a change of status to H-1B, L-1, or any other nonimmigrant status using the waiver recommendation letter from the DOS. Also, if you are eligible to apply for a green card (for instance, you are married to a U.S. citizen or lawful permanent resident), you can also commence the adjustment of status application. If, eventually, the no-objection waiver is approved, then USCIS will proceed to process your adjustment of status or change of status application.
However, if you are no longer in the United States, you must wait for the final approval by USCIS before you can apply for a visa (using the Form I-612 approval) at a U.S. embassy or consulate.
How VisaNation Can Help
Getting a DOS J-1 visa waiver under the no-objection basis can be somewhat tricky, especially as it involves both your home country’s government and that of the U.S. But you can make it easier by working with an experienced immigration lawyer. And this is where we can come in.
VisaNation Law Group J-1 lawyers have helped countless exchange visitors get J-1 visa waivers so that they can remain in the U.S. after their stint has ended.
They are experienced in facilitating the communication and documentation in order to obtain a No Objection Statement from the applicant’s embassy or designated ministry. The VisaNation Law Group J-1 waiver lawyers also understand the Foreign Residency Requirement and have an in-depth knowledge of how to process the specific forms, supplementary documents, and filing fees. VisaNation Law Group attorneys are aware of all the possible options for J-1 visa holders who wish to extend their J-1 visa.
You will significantly improve your chances of getting a no-objection waiver approval if you work with a qualified immigration attorney.
Schedule an appointment today
Frequently Asked Questions
Below you will find answers to the most frequently asked questions about the J-1 No Objection Statement.
How do I get a no-objection letter?
To get a No Objection letter, you first must contact your home country’s relevant government department or your home country’s embassy in Washington, D.C. Your home country may choose to permit you not to bypass the two-year home country presence requirement – it might also decline your request. If your home country approves your request, the government will send all of the necessary documents to the U.S. government. You do not need to do anything.
Is it hard to get a J-1 waiver?
J-1 waiver can be hard to get for some applicants, particularly those whose home countries do not often issue the No Objection Statement. Others might have a very easy application process with a very straightforward Statement of Reason and a cooperative home country.
How hard it is to get the J-1 waiver really depends on how you secured your J-1 visa. If there is any U.S. government funding involved in your receiving the visa, then you will fall under the toughest category to gain the waiver.
Do I have to submit a J-2 waiver for my children if I am applying for a J-1 waiver?
If you are subject to the Foreign Residency Requirement and are applying for a waiver, then your children/dependents will also be subject to the same requirement. The key difference is that you are not required to submit a separate application for your children or dependents.
When you submit your waiver application, you can include your children or dependents in it at no extra cost. However, your dependents or children who came to the U.S. under a J-2 visa cannot apply for the waiver on their own without you applying for a J-1 waiver.