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The Messersmith Law Firm, P.A. J-1 Waivers and INA §212(e)
No Objection Waiver

Does a No Objection Statement Guarantee Approval of a J-1 Waiver?

No. State Department guidance expressly warns that a foreign government's No Objection Statement only begins consideration of the waiver request. DOS still reviews the individual case and USCIS remains the final waiver authority.

Reviewed by Peter Messersmith · 2026-09-14

The statement begins consideration of the waiver request

The Foreign Affairs Manual warns that exchange visitors sometimes incorrectly assume a home-government statement guarantees waiver approval.

DOS conducts its own review

The Department reviews the individual case, including program, policy, and foreign-relations considerations, before deciding whether to recommend waiver.

U.S. government funding can weigh strongly against waiver

State Department guidance states that U.S. government financing may indicate strong program considerations against granting the waiver, and the public FAQ says such waiver recommendation applications are generally denied.

USCIS is still the final waiver authority

Even a favorable DOS recommendation is forwarded to USCIS, which makes the final waiver decision.

Legal Authorities and Sources

  1. U.S. Department of State Foreign Affairs Manual — 9 FAM 302.13
  2. U.S. Department of State — J-1 Waiver Frequently Asked Questions
  3. U.S. Department of State — J-1 Waiver Eligibility

Frequently Asked Questions

Is a No Objection Statement an approval notice?

No.

Can DOS still recommend against waiver?

Yes.

Who grants the final waiver?

USCIS.

Need Help With a J-1 Waiver?

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