What Is a No Objection J-1 Waiver?
A No Objection waiver is one of the principal ways to request relief from the INA §212(e) two-year home-country physical presence requirement. It depends on the relevant foreign government formally stating that it does not object to the waiver.
A No Objection waiver is a request to waive INA §212(e) based on the relevant foreign government formally stating that it does not object to the exchange visitor not returning to satisfy the two-year home-country physical presence requirement and does not object to the possibility of the exchange visitor becoming a U.S. lawful permanent resident. The statement must be transmitted through the government channels required by DOS. It is supporting evidence for the waiver request, not the final waiver approval.
The home government must affirm that it does not object
A No Objection waiver is based on a formal statement from the relevant foreign government. The government must state that it has no objection to the exchange visitor not returning to satisfy the two-year home-country physical presence requirement.
The statement must also confirm that the government has no objection to the possibility that the exchange visitor could become a lawful permanent resident of the United States.
The statement goes directly to the Department of State
The exchange visitor does not simply obtain a letter and upload it personally. The Department of State requires the No Objection Statement to travel through specified government channels to the Waiver Review Division.
The No Objection Statement is only part of the waiver process
The applicant must also complete Form DS-3035, submit the required Department of State materials and fee, and ensure that the No Objection Statement is associated with the waiver case.
The physician restriction is important
Foreign medical physicians who acquired J-1 status on or after January 10, 1977 for graduate medical education or training cannot obtain a waiver under the ordinary No Objection basis.
Frequently Asked Questions
What does No Objection mean?
It means the relevant foreign government formally states that it does not object to the exchange visitor receiving a waiver of §212(e).
Does the applicant send the statement to DOS?
No. DOS requires the statement to be transmitted through the designated governmental channel.
Can a J-1 physician use a No Objection waiver?
Not when the physician obtained J-1 status on or after January 10, 1977 to receive graduate medical education or training.
Need Help With a J-1 Waiver?
The Messersmith Law Firm represents J-1 exchange visitors, physicians, researchers, professionals, and families in complex INA §212(e) matters.
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