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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.

 

Visitors please note that information on this site is subject to changes in U.S. law. It is general and not case-specific in nature.  Gathering information from this Web site should not be construed as receiving legal advice, and does not establish an attorney-client relationship with Kirberger PC. Issues presented on this site are extremely complex, and require analysis by a qualified immigration attorney on a case-by-case basis. In addition, links to government or other web sites may not be current or accurate. Visitors should consult an attorney on a case-by-case basis before relying on such information.
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