No Objection Waiver
The two year home residency requirement may be waived if the home country government issues a no objection statement through its embassy in Washington, D.C. to the U.S. State Department’s Waiver Review Division. The home country government must state that it does not object to the visitor not returning to his or her home country to satisfy the home residency requirement, nor does the home country government object to the visitor pursuing U.S. residency. In effect, the home government is certifying that it does not object to the granting of the waiver.
Each country has its own regulations concerning no objection statements. Some countries will never issue such statements, while other countries will issue them for almost all who seek them. The requirements and procedures for each country vary. For example, some governments will seek reimbursements for funding provided for the J Visa holder’s program or prior education.
In order to obtain a no objection statement, the applicant will request the statement from the home country government through its embassy in Washington, D.C. The embassy will then inform the applicant of its internal requirements and procedures for issuing the statement. If the J Visa holder successfully completes the embassy process, the home country will send the no objection statement to the U.S. State Department. The Waiver Review Division of the U.S. State Department will then determine whether the home residency requirement applies for some other reason, such as government funding having been provided, and then will make a recommendation to USCIS. USCIS makes the final determination but nearly always follows the recommendation of the U. S. State Department.
Although this is the most commonly sought type of J Waiver, a no objection statement is not useful in all cases. Typically, no objection statements will not be enough to relieve exchange visitors of the home residency requirement if they are receiving graduate medical education or training, or if the visit was funded by the U.S. government rather than a foreign government.
Contact our attorneys today for more information on how you can obtain a waiver to the J visa two year home residency requirement.