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.
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.
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.
Need Help With a J-1 Waiver?
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