What Must a J-1 No Objection Statement Say?
DOS requires the foreign government to affirm both that it does not object to the exchange visitor failing to return for the two-year requirement and that it does not object to the possibility of lawful permanent residence in the United States.
No objection to not completing the two years abroad
The statement must affirm that the foreign government has no objection to the exchange visitor not returning to satisfy the two-year home-country physical presence requirement.
No objection to possible permanent residence
The statement must also affirm that the government has no objection to the possibility of the exchange visitor becoming a lawful permanent resident of the United States.
A general letter of support is not the same thing
A letter stating that an embassy supports the applicant, has no employment objection, or has no objection to a U.S. visa does not necessarily satisfy the specific No Objection waiver requirements. The statement must address the §212(e) waiver itself.
No Objection Statement Requirements
- The statement must come from the relevant foreign government through a government channel recognized by the Department of State.
- The government must state that it has no objection to the exchange visitor not returning to the home country to satisfy the two year physical presence requirement.
- The government must also state that it has no objection to the possibility of the exchange visitor becoming a U.S. lawful permanent resident.
- The statement should identify the exchange visitor and waiver case clearly enough for DOS to associate it with the correct case.
- A general letter of support, employment approval, visa support letter, or similar document is not a substitute unless it contains the required No Objection statements and is transmitted through the proper government channel.
- The applicant should not personally submit the official No Objection Statement to the Waiver Review Division. DOS requires direct government transmission.
Frequently Asked Questions
What are the two core statements the government must make?
It must express no objection to the applicant not returning for the two-year requirement and no objection to possible U.S. lawful permanent residence.
Is a normal embassy support letter enough?
Not necessarily. DOS requires a No Objection Statement directed to the §212(e) waiver.
Can an applicant draft the final government statement?
The foreign government controls issuance of the official statement, although an embassy may have its own application form or requested format.
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.
Contact Us