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

What Does DOS Consider After Receiving a No Objection Statement?

The Waiver Review Division does more than verify that the foreign government does not object. State Department guidance describes case-by-case review of program, policy, and foreign-relations considerations before a recommendation is made.

Reviewed by Peter Messersmith · 2026-09-14

DOS reviews the exchange program

The Department considers the program interests served by the original exchange and the reasons advanced for waiver.

Policy and foreign-relations considerations also matter

The Foreign Affairs Manual expressly identifies program, policy, and foreign-relations considerations in the waiver recommendation review.

U.S. government funding can be particularly important

DOS publicly states that waiver recommendation applications from exchange visitors who received U.S. government funding are generally denied because of program and foreign-policy considerations.

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. 22 C.F.R. §41.63

Frequently Asked Questions

Does DOS simply approve a case when the embassy does not object?

No.

What broader considerations can DOS review?

Program, policy, and foreign-relations considerations.

Why can U.S. government funding matter?

It can reflect strong program interests against waiver.

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