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The Messersmith Law Firm, P.A. J-1 Waivers and INA §212(e)
No Objection Waiver

How Is a No Objection Statement Issued if the Home Country Has No Embassy in Washington?

State Department guidance recognizes that a home government without an embassy in Washington may act through its diplomatic mission. The official statement must still be transmitted directly to the Waiver Review Division.

Reviewed by Peter Messersmith · 2026-09-14

The Foreign Affairs Manual recognizes a diplomatic-mission alternative

The FAM states that the No Objection diplomatic note is normally issued by the home-government embassy in Washington, or by its diplomatic mission if there is no embassy.

The statement still comes from the home government

The absence of an embassy does not convert the filing into an applicant-submitted document.

The diplomatic mission transmits it directly

The required government statement must be sent directly to the Waiver Review Division using the authorized State Department channel.

The designated-ministry route may also be relevant

DOS separately permits a designated ministry in the home country to issue the statement for forwarding through the U.S. diplomatic mission in that country.

Legal Authorities and Sources

  1. U.S. Department of State Foreign Affairs Manual — 9 FAM 302.13
  2. U.S. Department of State — How to Apply for a J-1 Waiver
  3. U.S. Department of State — J-1 Waiver Eligibility

Frequently Asked Questions

Is an embassy in Washington always required?

No. State Department guidance recognizes the home country's diplomatic mission when there is no embassy.

Can the applicant submit the diplomatic note personally?

No.

Is there also a ministry route?

Yes.

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