Can a U.S. Government-Funded J-1 Get a No Objection Waiver?
A foreign government may issue a No Objection Statement, but DOS expressly warns that waiver recommendation applications from exchange visitors who received U.S. government funding are generally denied.
It creates a significant approval risk. A No Objection Statement from the home government does not eliminate the U.S. government interest in an exchange program it funded. DOS states that waiver recommendation applications from exchange visitors who received U.S. government funding are generally denied because the reasons for the waiver must outweigh program and foreign policy considerations. Before relying on the No Objection basis, determine whether the funding was direct or indirect and whether another waiver basis is independently available.
A home-government statement does not erase U.S. funding
The foreign government's willingness to issue a No Objection Statement addresses that government's objection. It does not eliminate the U.S. government's interest in an exchange program that it financed.
DOS publishes a specific warning
DOS states in its waiver FAQs that applications from exchange visitors who received U.S. government funding are generally denied because waiver reasons must outweigh program and foreign-policy considerations.
Determine whether the funding was actually governmental
Funding analysis should examine the source of the money, including grants and indirect funding, rather than assuming that a private university or institution necessarily means the program was privately funded.
Another waiver basis may be more appropriate
Depending on the facts, an Interested Government Agency, persecution, or exceptional hardship basis may provide a different legal framework. Eligibility must be independently established for whichever route is selected.
Frequently Asked Questions
Will an embassy No Objection Statement overcome U.S. government funding?
Not necessarily. DOS expressly says U.S.-government-funded waiver recommendation cases are generally denied.
What counts as U.S. government funding?
The analysis can include direct or indirect U.S. government financing, in whole or in part.
Should I consider another waiver category?
Possibly, if the facts independently satisfy another statutory waiver basis.
Need Help With a J-1 Waiver?
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