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J-1 Waiver:
No Objection Statement
Q.
How do I request a "no objection" statement, and
where do I send it?
A. You may contact
the consular section of your embassy in Washington, DC, and
request a "no objection" statement to be forwarded
to the Department of State on your behalf. The Embassy must
forward the "no objection" statement directly to the
Waiver Review Division at the Department of State.
Q.
When in the application process should I request a "no
objection" statement?
A. You may request a "no
objection" statement only after you have submitted your
Data Sheet and fee, and after you have received an information
packet from the Waiver Review Division of the Department of
State.
Q.
What if I cannot get a "no objection" statement
from my former country of residence?
A. You may apply for a waiver
in any of the remaining statutory bases. If none of the other
bases applies to you, you must return home and fulfill the home
residence requirement.
Q.
Can anyone apply for a waiver based upon "no objection"
from the home country?
A. No. Foreign medical graduates
sponsored by the Educational Commission for Foreign Medical
Graduates (ECFMG) to do their clinical training cannot apply
for a waiver based on a "no objection" statement.
This is so because exchange visitor physicians admitted to the
US in exchange visitor status or who acquire such status after
admission on or after January 10, 1977, for the purpose of receiving
graduate medical education or training are subject to the two
year foreign residence requirement of Section 212(e) of the
INA. Before their medical training under the sponsorship of
ECFMG, their country must provide a letter of need attesting
to that country's requirement for trained physicians. Therefore,
the exchange visitor physicians are not eligible to apply for
the waiver based on "no objection" statements by their
home governments. Back to top.
Q.
How can I be sure that the Waiver Review Division has received
the "No Objection" statement?
A. You can ask the embassy
from which you requested the "no objection" statement
if it has been sent to the Waiver Review Division. The Waiver
Review Division does not notify each applicant when they receive
a "no objection" statement on the applicant's behalf.
Q.
My "no objection" statement application was denied.
Can I ask for reconsideration?
A. No. Waiver applications
are considered exhaustively, and the policy of the Waiver Review
Division is not to consider "no objection" statement
applications once a final determination has been made. You may,
however, reapply using another statutory basis for waiver should
another one apply to your situation. Back to top.
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