J-1 Visa No Objection Statement: Who Issues It and What It Means
Table of Contents
What Is a No Objection Statement?
Your home government's statement that it has no objection to a waiver of the J-1 Visa two-year home-country physical presence requirement.
Key Takeaways
- Your home government issues it, not you or your employer.
- It goes directly through official channels to the State Department's Waiver Review Division.
- It supports one basis for a Waiver; it is not the waiver itself.
- Issued by
- Your home government
- Recipient
- Waiver Review Division
- Request it after
- Receiving your waiver case number
- Final waiver authority
- USCIS
What It Must Say
Your government must state that it has no objection to you not returning home to fulfill the Two-Year Rule, and no objection to the possibility of you becoming a US lawful permanent resident.
The State Department says to request the statement once you have your waiver case number, which you receive when you complete the online application.
Source: Department of State: Eligibility for a J-1 Visa Two-Year Requirement Waiver · Department of State: J-1 Waiver Frequently Asked Questions
Who Sends It
Normally, your country's embassy in Washington, DC issues the statement and sends it directly to the Waiver Review Division. The embassy cannot give it to you to submit yourself.
Alternatively, a designated ministry in your home government may issue it and send it to the US Chief of Mission, Consular Section at the US embassy in that country. That embassy forwards it to the Waiver Review Division.
Source: Department of State: Apply for a J-1 Visa Two-Year Requirement Waiver
Limits of This Basis
Foreign physicians who acquired J-1 status on or after January 10, 1977 for graduate medical education or training cannot use the No Objection basis.
If your home government funded your exchange, a Conrad State 30 request requires a No Objection Statement as an additional document, not as the waiver basis.
A statement does not guarantee a favorable recommendation. The State Department can deny a recommendation when the reasons for the waiver do not outweigh exchange-program and foreign-policy considerations. USCIS makes the final waiver decision.
Source: Department of State: Eligibility for a J-1 Visa Two-Year Requirement Waiver · Department of State: J-1 Waiver Frequently Asked Questions · Department of State: Apply for a J-1 Visa Two-Year Requirement Waiver
FAQs
What if my government will not issue the statement?
You may apply under another waiver basis if it fits your situation. If none applies, you must fulfill the two-year requirement.
Source: Department of State: J-1 Waiver Frequently Asked Questions
Does this replace my DS-3035 application?
No. It is a supporting document, in addition to your application, copies of your DS-2019/IAP-66 forms and fee.
Source: Department of State: Apply for a J-1 Visa Two-Year Requirement Waiver
The Bottom Line
Your government's statement supports a waiver request. It must follow official channels, and only USCIS can approve the waiver.
Related Terms
- WaiverA USCIS exemption from the J-1 Visa two-year home-country physical presence requirement under INA § 212(e).more
- Two-Year RuleSome J-1 participants must spend two years in their home country before getting an H or L visa or a green card.more
- USCISU.S. Citizenship and Immigration Services, the agency that decides J-1 Visa stay extensions, status changes, waivers and J-2 work authorization.more
- Change of StatusUSCIS approval to move from one nonimmigrant status to another while you remain in the United States.more
- DS-2019The Certificate of Eligibility your J-1 sponsor issues. You need it to apply for your visa.more
Sources
- Department of State: Eligibility for a J-1 Visa Two-Year Requirement Waiver
- Department of State: J-1 Waiver Frequently Asked Questions
- Department of State: Apply for a J-1 Visa Two-Year Requirement Waiver