Last Updated on June 9, 2024 by Anda Malescu
Success! We recently had a J1 Visa Waiver Approved based on a J1 No Objection Statement from the applicant’s home country government. In this case, the J1 No Objection Waiver was approved within 5 months from the date the U.S. Department of State (DOS) received all the documents including the No Objection Statement from the applicant’s home country government.
To learn more about the basis for obtaining a J1 no objection waiver, visit our complete guide to J-1 visa waiver, J1 visa waiver overview and J1 visa waiver process and timeline.
An approved J1 visa waiver allows an individual with a J1 visa subject to a 2-year home residence requirement to obtain a green card, change status in the US or obtain an H, K or L visa without completing the 2 years in their home countries.
You need to obtain a J1 Visa Waiver if you have a J1 visa that is subject to the 2-year home country physical presence requirement, and you cannot return home for two years but would like to do the following:
- File an adjustment of status application in the United States;
- Get an immigrant visa at a US Consulate abroad;
- File for a change of status in the U.S. (except for A and G visa classification);
- Get a visa in the K, H, L visa categories at a US Embassy abroad;
J1 No Objection Waiver
There are 5 types of J1 visa waivers that you can obtain and the J1 No Objection Waiver is one of them. You can read more about the other types of waiver on in our complete guide to J-1 visa waiver.
The J1 No Objection Waiver is based on a No Objection Statement from your home government. Essentially, with a No Objection Waiver, your home government is notifying the DOS that it does not object to you not returning home to satisfy the 2-year home residence requirement and does not object to you becoming a permanent resident of the United States.
However, not all individuals subject to the 2-year foreign residence requirement can obtain a J1 No Objection Waiver. To learn if you qualify for a J1 No Objection Waiver, you should contact an experienced J1 visa lawyer to assist you.
It is also important to understand that not all persons who hold a J1 visa in their passport are subject to the 2-year home country physical presence requirement.
Only the following individuals are subject to the 2-year foreign residence rule:
- Exchange Programs. Individuals who were issued a J1 visa to participate in exchange programs funded directly or indirectly by the US or home country government
- Specialized skill or knowledge. Individuals who have specialized skill or knowledge designated by their home country as important
- Graduate medical education or training. Individuals who come to the US to receive graduate medical education or training
How do you know if you need a J1 Visa Waiver?
It is hard for someone other than an attorney to determine if you are subject to the 2-year foreign residence rule and you need a J1 visa waiver. This is because consular officers sometimes add the 2-year home presence requirement in error and sometimes forget to add it when in fact it applies.
Typically, you should be able to know if you are subject to this requirement by simply looking at the annotation on your J1 Visa stamp in your passport. However, in practice, you can be subject to the 2-year rule even if your J1 visa stamp does not say you are or vice versa.
But regardless of whether the consular officer has made an error or not, if you are subject to the 2-year foreign residence requirement and you need to adjust status, obtain an immigrant visa, changes status or obtain certain visas prior to returning home for 2 years, then you need to obtain a J1 Visa Waiver.
To summarize, if you are subject to the two-year home country physical presence requirement, you must return to your home country for at least two years after your exchange visitor program ends. If you cannot return home for two years, you must apply for a J1 Visa waiver.
To evaluate if you are subject to the 2-year foreign residence requirement, contact a J1 visa lawyer as soon as possible.
Malescu Law can assist
The J1 visa waiver process is complex as it may involve working with various government agencies including DOS, USCIS, other US agencies and home country government.
Our experienced immigration lawyers in Miami, Florida USA can assist you navigate the J1 visa waiver application process and requirements and evaluate if you are subject to the 2-year foreign residence requirement.
Contact us or book a consultation with our J1 visa lawyers in Miami, Florida USA.
Malescu Law P.A. – Business & Immigration Lawyers
