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The Messersmith Law Firm, P.A. J-1 Waivers and INA §212(e)
J-1 Waiver Law

What Does 22 C.F.R. §41.63(d) Require for a No Objection Waiver?

22 C.F.R. §41.63(d) implements the foreign-government No Objection waiver procedure and governs how the required statement reaches the Department of State.

Reviewed by Peter Messersmith · 2026-09-14

No Objection originates with the foreign government

The waiver basis depends on an official written statement from the government of the country of nationality or last legal permanent residence.

The statement is furnished to the Department of State

The regulation controls the manner in which the foreign government provides its No Objection position for consideration in the waiver recommendation process.

DOS still must recommend the waiver

The foreign government's lack of objection does not itself waive §212(e). A favorable DOS recommendation and final DHS action remain necessary.

Graduate medical trainees face a statutory limitation

A foreign medical graduate pursuing graduate medical education or training cannot obtain an ordinary waiver solely on the basis of the home government's No Objection statement.

Legal Authorities and Sources

  1. 22 C.F.R. §41.63 — Two-Year Home-Country Physical Presence Requirement
  2. 8 U.S.C. §1182(e) — Exchange Visitor Foreign Residence Requirement
  3. U.S. Department of State — J-1 Waiver Eligibility

Frequently Asked Questions

Does the embassy's No Objection Statement itself waive 212(e)?

No.

Is DOS still required to recommend the waiver?

Yes.

Can a J-1 physician in graduate medical training use ordinary No Objection?

No.

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