US Visa Approved - Malescu Law

J1 no objection waiver approved

Success! We recently assisted a J1 visa holder in securing a J1 no objection waiver within a timeframe of 6 months. Despite lengthy wait times, this success story for our client’s case demonstrates that you can obtain a successful J1 waiver approval within a total processing time of 6 months.

The U.S. Department of State (DOS) issued a favorable waiver recommendation to USCIS within 5 months of receiving all supporting documents. This recommendation was based on the strong No Objection Statement provided by the applicant’s home country government. USCIS then promptly approved the J1 no objection waiver (form I-612) within 1 month of receiving the recommendation. USCIS issued an I-797 Approval Notice.

To learn more about the J1 visa, visit J1 visa explained and J1 visa waiver process and timeline.

J1 No Objection Waiver

Are you a J1 visa holder subject to the two-year home residency requirement? You may be eligible for a J1 visa waiver if you obtain a No Objection Statement (Letter) from your home country government.

This J1 no objection waiver allows you to apply for a green card (adjustment of status or consular processing), change your immigration status within the US, or obtain an H (H1B or H2B), K, or L visa without fulfilling the two-year residency requirement in your home country.

With the No Objection Statement, your home country essentially informs the DOS that they have no objection to you:

  • Waiving the two-year home residency requirement
  • Obtaining permanent residency (green card) in the US

Unfortunately, not all J1 visa holders qualify for a J1 no objection waiver. Consult with an experienced J1 visa lawyer to determine your eligibility and navigate the complex application process.

It is important to understand that not all J1 visas come with the two-year home residency requirement. If you are whether you are subject to the two-year foreign residency requirement,  consult an immigration lawyer as soon as possible.

Benefits of a J1 No Objection Waiver

An approved J1 no objection waiver offers significant advantages for J1 visa holders facing the two-year home residency requirement. With this waiver, you can:

  • Apply for a green card without returning to your home country for two years.
  • Change your immigration status within the United States.
  • Pursue H, K, or L visas without completing the two-year residency requirement.

Alternative J1 Waivers

While this J1 no objection waive was obtained through a No Objection Statement from applicant’s home country government, it is not the only path to overcome the two-year home residency requirement.

Here’s a breakdown of alternative J1 waivers you can apply for:

  • J1 visa Hardship Waiver. This waiver applies if returning to your home country would cause extreme hardship to a U.S. citizen or permanent resident spouse or child.
  • Persecution Waiver. If you face persecution based on race, religion or political opinion upon returning home, you may qualify for this waiver.
  • U.S. Government Agency Waiver. Certain U.S. government agencies can sponsor J1 visa waivers, including for foreign physicians serving in underserved areas or areas experiencing health professional shortage.
  • Conrad 30 Waiver. This program is specifically designed for foreign medical graduates with graduate medical training or education in the United States who agree to practice in underserved areas for at least 3 years. Each state has a limited number of Conrad 30 waivers available annually.

Malescu Law can assist

Malescu Law has extensive experience assisting J1 visa holders navigate the waiver process. We can guide you through the requirements and assist with obtaining the necessary No Objection Statement and J1 No Objection Waiver.

We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.

Contact us or schedule a consultation.

Malescu Law P.A. – Business & Immigration Lawyers

 

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