J1 No Objection Waiver | An Immigration Attorney's Guide

Описание: A J1 visa holder requiring a J1 waiver may obtain a no objection statement by contacting the consular section of the exchange visitor’s home country’s embassy.

When the J 1 exchange visitor contacts the embassy, he or she must request a no objection letter and request that the embassy forward this statement to the Department of State’s Waiver Review Division.

Each country has unique requirements to qualify for a no objection letter for a J1 waiver. As a result, it is necessary to confirm that embassy will issue the statement before submitting the request, since not all embassies will comply with a request for a no objection letter.

If the embassy will issue a no objection letter, the J1 waiver applicant may want to consider consulting with an Immigration Attorney. Moreover, the J1 exchange visitor should note that an embassy’s processing times for issuing the no objection letter can be lengthy.

The Waiver Review Decision will evaluate whether the J1 exchange visitor meets the requirements for the waiver, and will forward the application to the USCIS for final review. Subsequent to USCIS’s approval of the waiver application, the exchange visitor may complete the Immigrant Visa (green card) or non-immigrant visa process.

DOCTORS WHO PARTICIPATED IN CLINICAL TRAINING SPONSORED BY THE EDUCATIONAL COMMISSION FOR FOREIGN MEDICAL GRADUATES (ECFMG) CANNOT APPLY FOR A NO OBJECTION LETTER TO WAIVE THE TWO YEAR HOME RESIDENCY REQUIREMENT.

If an exchange visitor’s home country does not agree to issue a no objection statement, other waiver options should be pursued. These options include exceptional hardship, persecution, or interested government agency waivers.

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