Occasionally, I’ve been asked by other foreign academics who got job offers in the U.S. whether it is possible to have the home-stay (=”foreign residence”) requirement associated with some J1-visa waived. So, here’s from what I know about it from my own experience – I successfully applied for such a waiver in 2006-2007. Of course, this information may be outdated since the specifics change all the time, and I cannot guarantee for the correctness of any of the information on this page, but maybe some of it is useful.
What is the J1 home-stay requirement?
If you entered the U.S. on a J1 visa, e.g. because you came with Fulbright, then you may be subject to a home-stay requirement. As far as I know it’s usually 2 years that you will be required to spend in your home country before you can accept a job in the U.S. This excludes educational training, such as the F1-OPT pre- or post-doctoral training, which you can do for the whatever period of F1-OPT you have been granted, but then you have to go back to your home country and cannot start a job as faculty at a U.S. institution. The motivation behind this requirement is somewhat understandable -after all we’re being invited into the country under the assumption to bring back whatever education we receive to our home country AND under the assumption not to take positions from Americans. Depending on where your funding came from (the U.S., your home country, or both) there are multiple parties who don’t really have an interest in allowing you start a job in the U.S. However, the requirement to go back to your home country can be incredibly disruptive to an academic career (not to talk about relationships!), and not all home countries even have any job in the area that you’ve been trained in.
Until relatively recently, it was virtually impossible to get the home-stay requirement waived. I have heard of cases where even intervention by members of the senate did not prevent people from being forced to leave the country. This situation seems to have changed at least 2-4 years ago. When I got offered a job in 2006, I first heard from various sources at different schools that it was impossible, but then I heard of one professor who had recently gone through the process of having the home-stay requirement waived.
The process
I think this is the best place to start: the official application webpage from the Department of State. You need to assemble all previous IAP-66s/D-2019s, which can turn out to be a bit tricky. Fulbright does not store them anymore, but I got lucky and one of my former employers still had a (barely readable) copy, which they scanned for me. You will have to apply for a letter from your embassy (the embassy of your home country) where they have to state that they are fine waiving your requirement. That itself does not guarantee that the application for a waiver will be successful. You also will need to write a statement of reason for the Deparmtent of State (which is where the application is evaluated). In my application I also attached a statement from Fulbright that they were ok with the waiver since I received conflicting infomration as to whether that was required or not.
Finally, make sure you apply through the right path. There are several reasons (=paths) for a J1 home-stay waiver application. I took the “no objection” path (that’s why I needed the letter from my embassy).
Statement of reason
Since I wasn’t at all familiar with the format the statement of reason should take, I asked around a bit, but I only found one example. Since it could be useful and since it worked, here is what I wrote to the Department of State (the online application form provides a place for you to enter a statement).
To the Department of State: My current research is best carried out at the Department of Brain and Cognitive Sciences at the University of Rochester. I am requesting a waiver of the two-year foreign residence requirement in order to satisfactorily pursue my professional research objectives and to advance my research program. The two-year foreign residence requirement is associated with the J1 visa I had from 08/18/2000 – 06/18/2001. I have requested a “No Objection” statement from the Embassy of Germany with the support of the Fulbright Commission (the sponsor of my J-1). I would be happy to send you the Fulbright Commission’s statement along with a more detailed statement of reason why I think I am eligible for a waiver. Sincerely, FlorianHow long does it take?
It was about a six month process plus time for preparation (about 3 months but I am slow at such things). But is has apparently gotten a lot faster (6-8 weeks is what the website says now). In you planning, keep in mind that the waiver has to go through the Department of State and that there is a “background check” involved (I think it was the Department of Homeland …) AND all of this needs to be done before you can apply for your new work visa (e.g. an H1-B to start a faculty position)! In my case, I used the F1-OPT training visa to bridge the time between my graduation and the new job while waiting for the waiver to come through — a bit nerve-wrecking … (you can start a job on an F1-OPT, I believe, but in any case you can do a post-doc on a F1-OPT). There is a way to fast-track your H1-B application, but it’ll cost (you or usually the hiring institution) and even then it’ll take a few weeks and you cannot start your new job (= getting paid) without the H1-B.
Do you need a lawyer?
I head conflicting statements about this, but I applied without a lawyer. I briefly had contacted a lawyer and he was honest enough to suggest that I would not need his help as long as I just followed the instructions.
Did I get something wrong? Updates? Please leave a comment below. Much appreciated (you can leave the comment anonymously).
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Um, don’t count on the 6-8 week period. We just went through that. The 6-8 week period starts from when ‘all documentation is received.’ From the moment of mailing until official receipt was 2 months. Ridiculous but fully 50% of the State Department sniff their own glue (the other half being great). From time of official ‘receipt’ to official start was another 2 months. The difference? Since we did not have one of the original DS-2019, we had to request a letter from the sponsoring company saying they did not have the original DS-2019 and had no information on the applicant (us). We filled in the required information and sent it in along with the letter. The State Department noted this as received originally, then changed it around and said it didn’t count. This was 4 weeks of the two month delay. We approached the State Department about what to do since this information wasn’t available (you would think, since they issued it originally that they would have a copy, but no, forget it). After going round and round with some of the most arrogant people I have ever had the misfortune to deal with, a photo copy of the original DS 2019 was found. Sheer luck because this was 12 years old. What would have happened if we hadn’t found it? Who can say. It took another three weeks from mailing it in to the State Department acknowledging receipt. Over all 4 months form mailing of appropriate documents to official clock starting.
yeah, it took me longer than the official time period, too. I had to track down an old IAP and my sponsoring organization had not kept a copy. Luckily a former employer had one! My experience with the State Department was ok though. It just took forever to get all materials together.
Tiflo,
I go to the U of R also. I just applied and it’s pending. Could you e-mail me at: atziazas@gmail.com? (I am pretty much freaking out from the wait). If you are still at the U of R we could grab a coffee at Starbuck’s in Wilson Commons. I applied but I want to show you how I filled this in, for additional input. Also, my Dean (from the Simon School) and the Career Management Center offered to send letters to the committee. What do you think about this?
Hi ‘Achilles’,
I always think additional letters are unlikely to hurt (provided they are enthusiastic), but it seemed to me that they in all likelihood won’t even really look at the. Unfortunately, I cannot meet right now, because I am swamped in conference preparations – we have 5 papers at a conference next week. I’ll be back 3/20. But honestly, I don’t think I will be of much help. There’s nothing I know that isn’t already on these pages. I really just went through the same thing and have no additional expertise
.
Florian
I have found out some more information. The initial time period is due partially to the fact that the application is sent to one office for financial processing. It is then sent to the DoS. This second step took 6-7 weeks. Why?
According to some websites, every paper sent by mail to the DoS has to be sent out for irradiation, then somewhere else for some other process and then to the DoS. Get your paper work right because every incoming snail mail will take at least 8 days before it can even be logged in.
There are two people who log stuff in. That is all they do. They do not consider if hte paperwork is correct or not, they just log it by type. If you send in something it may appear on the website as received but all that means is logged in. If there is a problem with that peice of paper, you won’t find out until a case officer looks at it.
Thanks for the extra information. I think in general applicants should plan for at least 6 months to avoid unpleasant surprises.
In all of this, let’s not forget that it used to be completely impossible to get out of the home-stay requirement. At least it’s possible now
.
can you please clarify why did Fulbright give you the no objection letter? I mean what are the reasons that you gave to them in order to get this letter?
Hi,
let me clarify first: the letter of no objection comes from your embassy (i.e. the embassy of your country of citizenship), not from Fulbright. I did talk with the Fulbright representative though (Kate Leiva, I believe; it has been some time) and, as I recall, they were happy to provide a letter that they, too, had no objection. I was clear about my situation — that I had gotten offered a job that I could not have gotten in Germany, that I had already been selected from amongst other candidates (so, I wasn’t taking the job of any equally or more qualified citizen). I don’t know which aspects of that were crucial. I just followed advice I had gotten from other colleagues of mine you had gone through similar applications. Does that help?
Hi. Thanks for sharing. It is helpful. I am a Fulrbight with a Wall Street research job abd there is no such job in Bulgaria but this is no argument the Bulgarian Fulbright commission would accept. I asked them once if this grant has an option of repaying it back and they said something like “How can you ask this. This is a violation of the fulbright idea” along these lines.
hehe My Statement of Reason is much longer, may be I shall try to make it more concise…
Excellent site, keep up the good work
Hi,
Thanks for the great info. Your site is the first one that I’ve come across that specifically mentions a successful application for the waiver. Good to hear that it is possible.
I’m surprised that your letter was really short. I thought you were suppose to write a long letter explaining why you are applying for the waiver. Thanks for showing us what you wrote!
I was just wondering if you have any thoughts about this. But my wife’s J visa started on Sept 2008 and expires on Dec 2012 (I’m on J2). Should she apply for the waiver closer to the Dec 2012 deadline or can she start applying sooner (like next year)?
Once again…Thanks for everything…I’m encouraged
Hi Tobey,
thanks for the feedback. Let me be clear, I am really no expert in these matters. I just wrote down my personal experience. So I don’t know the right answer to your question. I personally applied as early as possible (as soon as I found out that I was subject to the home-stay requirement, which I had actually forgotten, since it was linked to a visa I had had about 7 years earlier …). Just be sure to convince your embassy that staying in the US is opening professional or other opportunities to your wife that she would not have if she left (at least for my embassy that seemed to be of importance). Good luck, and sorry to not be of more help,
Florian
Hi, once the department of state sends a favorable recommendation to USCIS, how long does it takes for USCIS to approve the case? and also.. do you need the approval letter from USCIS to start the paperwork to become a resident? thanks for your time
Hi, sorry, I really don’t know the answer to this. The last part was pretty fast (1-2 months?). But maybe other people reading this blog can answer you. Sorry.
Finding this information has really made my day. In the past few weeks I’ve been made to think that it’s impossible to get the waiver if you were on a Fulbright. I know the chances are slim, but hearing that it does happen has really lifted my spirits!
Does anybody know if there’s a relationship between the amount you received from Fulbright (I only got $6000) and the chances of getting the waiver?
Hey, glad this is of help. I DO remember that the Fulbright representative I talked to back then asked me about how much I had received from them and that she seemed relieved it wasn’t that much (I had a separate stipend, so I only go health insurance and some flight costs for about ~$1,800 from them; the other sponsor was not related to the visa).
Hi everyone,
I am in the same process now. I just talked with an immigration attorney today and he said my case is very unlikely. He said even if I get a no objection letter from my government (and they do allow that), it is very likely that the fullbright will object to that.
For those of you who had a no objection letter from the fullbright, could you share with me how that was possible?
Thanks.
Hi, well, as far as I know, Fulbright used to not give no object letters (that’s what I was told originally, too), but it seems that they have changed their opinion. Unless they changed their opinion again, they probably will write you one. Have you already contacted them? I would try that first. You have nothing to loose. Make clear how important it is for you to be able to stay in the U.S.
I was on a Fullbright between 2003-2005 (during my masters degree) and then the university took over and changed my status from J-1 to F-1 when I was about to start my PhD and i have been an F-1 since then.
Now, i am applying for jobs in USA and i am worried since i need to apply for a waiver. My home country and the fullbright at home said they have no problem writing me no objection letters.
In addition, I found out that my field is NOT on the skills list of my home country. I was wondering if there is any fullbrighter (who got no objection letters) whose waiver request was approved.
The reason is that from the search I have been doing, it seems like even if your field is NOT on the skills list, if Fullbright is involved in funding (and in my case, the answer is yes), the waiver will not be possible.
I would appreciate any help.
Thanks.
Also, i did try talking with a lady in Fulbright here in USA and she did not let me finish and said she can not advise me on this issue.
So, no help from there.
Sorry, to hear that. I hope there is someone out there who knows the answer. I only remember that Fulbright told me that they wouldn’t even really need to write that letter because technically the Department of State does not require it. Have you tried calling the Department of State?
This is a moderated blog
. So, I need to approve the entries first. Sorry, if that was not clear.
Thanks for the answer. So, how could you end up with Fulbright writing that letter on your behalf (that is what you had written before)?
In the statement of reason that was posted here, it said that the person had the support of the Fulbright Commission, so that means they were able to have the fullbright approve the waiver, isn’t that correct?
Sorry with many questions, it is just that since i am a fullbrighter. I have a feeling without me trying to convince them for the waiver, it is very likely that the department ot state will disapprove my waiver request.
You recommended me calling the department of state. Did you do that also? I thought the person you talked to was from the fulbright. Who would you recomend talking to in the department of state?
thanks.
Yes, you are correct. I was a Fulbrighter and I received a letter from Fulbright. I simply called the West Coast office and made my case. Since I also had been on another stipend, I received a relatively moderate amount from Fulbright. Maybe that affected the situation.
And, yes, I also called the Department of State. I searched for some hotline online and called and after a LOOOOOOOOONG wait somebody answered, listened to my case, and told me what to do. I don’t remember whether it was worth it, but in your case it may be (if you feel you’re not getting the Fulbright letter). If you end up doing that, I would really appreciate if you could post the number here and maybe a short summary of your experience.
Good luck,
Florian
Thanks so much. I was planning to prepare my case and talk with the same lady you mentioned, however, I am not from the west coast, so i will probably need to deal with the right regional office and person.
You mentioned that you called the Department of State. Do you remember their number and who you talked to?
Thanks.
Unfortunately, I do not remember the number. Can you post it, if you find it? It may help others!
ok, i will do that, thanks. Also, as you mentioned before, i received a relatively modest funding from fullbright during the two years I was J-1. It basically covered one round trip ticket per year and health insurance.
Do you think I should emphasize this in my talk with the fulbright person since i heard that lesser the amount, the higher the chance of approval of waiver. What do you think?
Also, do you think I should also call the same lady you mentioned even if i am not from the west coast? or would they forward me to someone else automatically?
thanks.
I would call whoever is responsible for you. Don’t try to skip the hierarchy. Then you risk upsetting that person and since the FB hierarchy is pretty flat, it won’t do you much good anyway, I would think.
I would definitely mention that you did not receive much (but we sure to be clear that you still appreciated that help).
Thank you. I had two questions. One is that you mentioned that you briefly contacted a lawyer and he/she said that you do not need his/her help as long as you follow the instructions. Could you share with me the name of the lawyer you talked to? It is just if my talking with Fulbright on the phone is not successful, i might need to talk with a lawyer as well. Name and contact info would really help me.
Second thing is when you were writing your statement of reason, did you have a specific job at hand? I am just wondering whether writing a specific job offer would change the outcome of the situation. Also, i do not know if it was your statement of reason you shared online, but if it was yours, you mentioned a specific university name, did you already have a job offer from them, or were you already working at that university when you were applying?
Also, you mentioned that you were fullbright for one year between 2000-2001, could you mention around how much you got funding from fullbright. If you do not want to share this, it is fine. I am just wondering an approximate amount. Mine was 3500 dollars for one year, so 7000 dollars for two, which basically covered ticket and health insurance, whereas my university took over everything.
Thanks so very much. It is a very stressful time and i am very worried to be honest.
Dear cyp80,
Unfortunately, I don’t remember the lawyer’s name (this was almost 4 years ago). Yes, I had a job at hand. I had already been hired (via my F1-OPT since I transitioned right out of grad school into a job). As a matter of fact, I had forgotten about my home stay requirement until I tried to apply for a work visa. So, I very much understand how stressful this situation is for you.
I don’t remember the exact amount I got from Fulbright. They reimbursed a flight and covered my health insurance (I had an EAP tuition waiver from Berkeley and a German stipend for my living costs). And, of course, they did a lot more beyond the financial help.
Good luck,
Florian
Thank you so much for your response and encouraging words. Could you let me know which documents you attached when you requested a waiver? So, no objection letter from the government, job offer?, did you also send the letter from Fulbright?
As far as i know, the government forwards the letter to the department of state on one’s behalf, how about the letter from fulbright? did they send it to your home address or did they forward it to the department of state? did you also send job offer, and what other documents?
I am applying to tenure-track positions, so i am not even sure if they will accept me under F-1 OPT if they hire me, since by rule, without the waiver, i can not even apply for tenure-track positions.
I am planning to gaduate by the end of summer 2010, but since i know the process takes long, i wanted to apply now, so i will not have a job offer when I apply, since i am still sending my application forms.
Thanks. I am sorry for taking your time with these questions. I could not tell you how much I appreciate it.
Hi Deniz [?],
basically, I attached the hell out of it. I even had a letter from my department stating that I had been selected after a international search, but, of course, that is not required. You can’t attach too much as long as you are clear about what you attach, so that important info doesn’t get lost.
Hello,
I would greatly appreciate any opinions or info. that you may have.
I am subject to the 2yr residency requirement as part of a 1 year exchange program from 1997 to 1998. It was all funded ($10,000 total) by the US Gov’t and as part of the program I studied in a US high school for 1 full year. Since 1998, I have been in my home country for 6 months, but still have 18 months left. Moreover, I have completed my undergraduate and graduate degrees in the US (private funding – F1 Visa).
I am putting together the waiver application and I was told by the embassy that they will give me a “No Objection Letter”.
Currently, I am in the US studying. I will be soon applying for a M.S. Accounting program to start in the Fall, 2010. I will finish the program May 2011. My intentions are to take the C.P.A. examinations; however, I will not become chartered accountant unless I work for a public US accounting firm for few years.
Moreover, I am engaged to a US permanent resident, who will be eligible to apply for US citizenship in the Spring of 2011. We will be tying the knot in Spring of 2010. After she becomes a citizen sometimes in 2011, we plan on applying for adjustment of status for me if residency requirement is waived.
I am lost about what I should include in my “Statement of Reason”. Part of my says, write about the M.S. Accounting, CPA exam and required work for certification and stress that somehow the certification will benefit my home country.
The other part of me says, just write about my relationship, my marriage, and my intentions about changing my status.
I apologize for a long post, but please share your opinions, experience, and knowledge.
Thank you all
What are the chances of another Rochesterian reading this =)?! I hope some people will read and respond to this. I vaguely recall that there were different reasons that the Department of State page lists that one can give in a Waiver. Is that right? Wasn’t it the case that only one of them is the “No objection” route? I also vaguely recall, however, that it said something that waivers are not granted to spouses unless there is a case of hardship. I may have this completely wrong. Ah, wait, here we go. I found it on the Dept. of State page (http://travel.state.gov/visa/temp/info/info_1288.html) under Exceptional hardship to a United States citizen (or legal permanent resident) spouse or child of an exchange visitor. If that does not apply, I guess I would focus on the no objection part. But, then again, I am really not an expert
.
Oh, and while I am at it, I found a couple of other pages with info on home-stay requirement visa waivers:
http://www.expertlaw.com/forums/showthread.php?t=48859
http://www.postdoc.ucla.edu/node/853
http://forums.immigration.com/showthread.php?t=291152
and from the Department of State and related pages:
http://travel.state.gov/visa/temp/info/info_1288.html
http://www.shusterman.com/cgi/ex-link.pl?travel.state.gov/pdf/J_WaiverFAQ21-DEC-06.pdf
http://www.shusterman.com/cgi/ex-link.pl?www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=36a0194d3e88d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=48819c7755cb9010VgnVCM10000045f3d6a1RCRD
hallo florian,
sehr coole seite, super infos!!
bin auch ueber fulbright (germany) hier in den staaten seit 2007 und hab hier meinen master gemacht. nun arbeite ich in einer werbeagentur und mein ds 2019 ist bis naechstes jahr mai gueltig. ich wollte mich fuer ein J1-waiver und ein O1 (artist-visa) bewerben und eigentlich hatte ich vor, es ueber einen anwalt zu machen, aber nachdem, was ich hier so lese, habe ich mut gefassst, zumindest die J-1 waiver application selbst zu machen.
hatte nur eine frage bzgl. dem schreiben von fulbright, das du zur unterstuetzung bekommen hast. du meintest, dass du fulbright an der westkueste angeschrieben haettest. ich bin in new york und fuer uns ist das IIE (institute of international education) zustaendig. die uebernehmen alle angelegenheiten fuer intl. fulbrighter. meine frage an dich ist, ob ich lieber fulbright in berlin anschreibe oder das IIE? ich koennt mir vorstellen, dass fulbright in berlin das nicht so toll findet, da sie ja so sehr auf die zweijahres-klausel wert legen (bzw. hoffentlich ‘gelegt haben’). andererseits… die wuerden es sowieso nach meiner application erfahren, richtig? also vielleicht doch lieber direkt anschreiben und ueber mein vorhaben ehrlich berichten?
muss mir nur gute gruende ueberlegen, weshalb ich hier bleiben muss, anstatt nach deutschland zurueck zu kehren, da ich ja kein wichtiges research oder so mache, sondern einfach nur nach meinem master in einer werbeagentur als designer arbeite. der grund, weshalb ich hier bleiben moechte, ist mehr wegen der stadt, den karrieremoeglichkeiten und meinem freund. aber das kann ich ja schlecht schreiben, haha…
anyway.. freu mich jetzt schon auf deine antwort und danke, fuer deine hilfreichen infos!!!
Hi Twinklestar
,
given my understanding of the situation, I would talk to the IIE in NYC. They are responsible for you. If your funding came from Germany (Fulbright funding can come from U.S. sources, home country sources, or bilateral funds), they may forward you, but I think they are the ones you have to write to.
Yeah, think about what you argue for. But, FWIW, also keep in mind that the rule is there for a reason
(so that we go back at some point to share the experiences that we had abroad before we vanish forever to the states).
Florian
hi!
another stupid question that i forgot to ask earlier.
the no objection letter… in my case, i have to receive the letter from the US embassy in germany, right? did you just call them up? (there’s no e-mail address on their web site) or do you have a helpful link of contact info for this?
thanks bunches!
Hi, nope, assuming you’re German (given your previous post
, the no objection letter has to be requested from the German embassy in the US (Washington). It’s your home country government that has to have no objection (which doesn’t guarantee that the Department of State will be satisfied, but it’s a necessary condition).
As I recall, there is a link on the Washington D.C. embassy’s page.
Florian
hi!
thanks bunches for your quick response! i already got in touch with fulbright germany (IIE in new york seems to be not that cooperative), and want to share what they said, since it might help other ppl who read your blog. the fulbright commission would be okay with providing me a letter called “Unbedenklichkeitsbescheinigung” (something like an inoffical no objection statement from fulbright, stating that they don’t have any objections if i want to apply for the J1-waiver) after i’ve sent them some good reasons why i want to apply for the waiver. i hope that this will help me a lot in convincing the DOS. i’m afraid though that my case is very unlikely to be successful since i’ve received a full scholarship from fulbright which is a ton lot of money.. -.-;; but you never know unless you try!
thanks again!
Hey, thanks a lot for providing feedback. This is going to be very helpful for others.
Hello,
I studied in the US from 1992 to 1996 with a Fulbright scholarship, which entailed Fulbright finding me a college to partially fund me and covered a return ticket from Fulbright. So I had a J-1 from 1992 to 1996 but I continued my studies from 1996 to 2002 with an F-1 visa. Can I count the number of days I have been physically present in my home country (i.e. vacations) since 1996 or does it have to be starting in 2002?? I have been in Canada since 2002 and in my home country for a total of 410 days since 1996. How am I supposed to prove this to the US state dept? I have the dates on my passport but I don’t have my IAP 66s anymore. Also can I ask an office (?) in my home country confirming the time I spent at home? I have been issued several IAP 66s from 1992-1996 and I think I can find only 1 copy. Does the US department even keep track of J-1s from 1992-1996? I mean it’s been 13 years. I feel that they should just let me be
Does anyone know my chances of getting a job in the US without this J-1 thing being a problem. I am freezing in Canada
p.s. CYP80, are you from Cyprus?? I’d be curious to know your experiences.
While I am really not an expert in this (repeat repeat
, I do think you can count all days after the J1, but technically you can only count home stays, not holiday. I think this is sometimes taken to mean that you have residency in your home country, though I would think they probably don’t check that in great detail.
As for IAPs, it’s your responsibility to keep them, but you may be surprised how long former employers may keep them. You could phone around and try to get a hold of them. That worked for me.
Thanks. So you are not sure if my home visits would create a problem? But even then I only have 410 days accumulated. Do you just show them copies of your passport stamps? Do you think the state dept would still have my name in its records as having had J-1 14 years ago?? I wish I could find this out without having to ask for a waiver.
Sorry, I don’t know the answer. Maybe somebody else reading this will. I think the accumulated number of days will be in your favor, as long as you answer that they were part of residency in your home country.
Hi Memo,
Yes, I am from Cyprus. If there is any specific question, please do not hesitate to write here and i would be happy to help.
Best,
Cyp80
URGENT : What is our take on this??????????
http://travel.state.gov/visa/temp/types/types_4514.html#?css=print
Hi Omar,
what do you mean? Is this for applications for waivers through the special skills program? That is, I believe, different from the no objection letter approach, right?
Florian
Hi all,
I am now in the process of trying to get a waiver for myself and my girlfriend (who also has a J1 visa with a 2yr home requirement). Does anybody know of any regulations that have changed in 2010? we will definitely do the following:
- apply for a no objection statement through the (in my case) Dutch embassy
- try to get a statement from Fulbright that they have no objection either (us was told before we accepted the scholarship that is was relatively easy to waive it, no this seems not to be the case. We received about $12500 each which was absolutely great, however if this would limit us from staying here we would be more than happy to repay this amount, but that is also not possible…)
- get a letter of recommendation from future employers in the US.
Does anybody have any other tips on what we can do to maximize our chances?
Any advice would be mostly appreciated!
Hey, I’m going to apply for a waiver. In case it doesn’t work, do you think that having double nationality may help to get around the two-year restriction. I do want to go back to my country but after a few years only.
Thanks!
Javier
Hey Henry,
no idea, but I would be surprised if that matters. It may give you a choice which home country you go back to …
Does anybody reading this have experience with the effect of dual citizenship?
Thanks so much for posting your experience and for continuous updates on the comments! Super-nice of you!
I have a quick question regarding the no objection letter from Fulbright. Did you write it and got it signed or do they have a template. And if, have you ever seen it? I need to draft the letter for my scholarship foundation and I am not quite sure how it’s supposed to look. I guess fairly short and formal will do?
Also, I posted your statement on a very popular immigration website that I have used a lot in the past. I should have asked you first, sorry. Please let me know if you are not ok with it and I will remove it.
http://forums.immigration.com/showthread.php?309599-j-waiver-no-objection-letter&p=2157909&posted=1#post2157909
I am writing my statement at the moment and I am wondering how serious I should take it. Yours is so short and simple that I doubt that anybody really cares…
Hi,
thanks for the feedback. Spreading the word is, of course, ok, though it makes me feel that I should stress again that I am really not an expert in immigration matters (merely a “user”) – in case that isn’t plenty obvious
. I based my statement on a statement of a colleague who had gone through the process (back then actually, the only colleague I could find that had gone through the process and, believe me, I asked a LOT of colleagues). So, it’s not a template, just something that I had been told would suffice.
Florian
Hi guys,
I want to share my experience and what I know about this process.
I was on J1 visa at the end of 1990s (USIA/Muskie), then switched on F1, and now I am on H1B working for a great company. Couple years ago I tried to apply for a waiver to be able to get a green card and used a lawyer. My lawyer forgot to send fee and I paid her almost 1 year for nothing because DOS gives you case No, but does not initiate your case until gets a fee. Never use Azulay Seiden and something lawyers, very unprofessional! Any person with high school diploma can do better job! Why I contacted them? My friends told me that it’s better to be represented by a lawyer. I still think it may add validity to your case, but look for GOOD lawyers! Later I found a different lawyer, but actually paid only for representation – I collected all documents by myself and just gave him a package to send to the DOS. Now my biggest problem is no-objection letter. I would never imagine that this becomes the major problem. My embassy sent me a letter stating that as I was funded by American money my trip to the US is considered as a private trip and they cannot issue no-objection letter. This is neither Yes, nor NO. So, I am stuck. My H1B will expire soon and I will have to leave the US. Good thing is that I am not going to my home country. While in the US I got Canadian permanent residency – just in case. It may take 2 to 3 years, but it’s worth if you don’t want to go home. Some of my friends with the same problem are now Canadians. I also know people who got green card – they just did not mention that they were on J1 visa. This is also a good way out of this 2-year requirement, especially if you had J1 before 2000. Immigration and DOS did not follow every foreigner at that time. If you have any useful info for me – like can embassy be made to answer, please share on this blog.
Greg
Hi Greg,
thanks for posting this! I think this will be very useful information. Good luck in Canada =).
Talking about useful, I also just received a ping from this very detailed description of the application — apparently by a J-2 applicant from Japan: http://mkngnw.wordpress.com/2010/04/26/waiver-of-the-j-visa-2-year-foreign-residence-requirement/.
Florian
Hi all,I am going to get married and I have 2 year rule.I am an internship student now.I belieeve getting married is not a reason we can write for NOS.thats second time at same company.I was a work and travel student and I finished my school, they called me back to work for them.They dont extend my visa anymore and they dont provide h visa.I know its kinda lazy what I want but can somebody write me a full paragraph of reason that I can write on waive form and US. goverment can accept my reason.I really dont know what I can write.I really need that.I will appreciate for all you do.thanks.
Hi,
Thanks for posting your experience. Thats nice of you.
I am currently trying to send all my stuff in for the waiver, however i had overstayed my J1 visa. What are the chances of having the waiver denied or accepted?
Also, what would you enter in for the question” time not covered by ds 2019…rem i overstayed my visa…
my embassy has no problem sending a no objection letter and my program sponsor already sent me a no objection letter. Let me also add that i was never funded by any government. Any help will be appreciated. Thanks alot!
that means u stayed there by illegal or not but if you wanna make sure, go ahead and send an e-mail to department of state before u send your papers and they can give you information about that.Can I ask you what you wrote for statement of reason ?
Hi Florian,
I had a quick question about your application. You wrote to the DOS “…I would be happy to send you the Fulbright Commission’s statement along with a more detailed statement of reason why I think I am eligible for a waiver…”
Did you really send along another statement? If so, how long was that? Or did you wait for an answer for that and they never requested a detailed statement of reason, so you never sent one?
I’d really appreciate your answer. Thanks!
Hi Twinklestar
,
they never asked for it, so I never send it.
florian
I wanted to know why you did not apply as interested goverment waiverfrom the university I think university is a goverment entity and should be able to ask for waiver did you try this method
Hi hk,
universities are not government bodies. I am pretty sure this term refers to government research institutes (e.g. NIH and military etc.).
florian
hi, I have a J1 visa subjecto the 2 year equirement and I am looking for an Assistant Professor Position.
1) Suppose I get an O-Visa. Can I then switch to an H visa and evade the 2 year requirement?
2) Suppose I go to Europe. Since I have a passport from Latin American country where my visa was issued, can I come back two years from now and
“fulfill” the two-year requirement.
Thanks
Ignacio,
I am assuming that you probably resolved your situation. If you need any assistance, send me an email and i might assist you or refer you to someone. Due to Fulbright, my j-1 waiver was denied, but with the help of a good lawyer, I received an O-1 visa that allows you to work.
Best,
cyp80
1) Suppose I get an O-Visa. Can I then switch to an H visa and evade the 2 year requirement?
2) Suppose I go to Europe. Since I have a passport from Latin American country where my visa was issued, can I come back two years from now and
“fulfill” the two-year requirement.
Thanks
I am fairly certain that the answer to 2) is “yes”, but I have no idea about 1). Again, I am a psycholinguist
. Keep that in mind. But maybe someone else reading this does know.
florian
I am in a J1. I’ll graduate soon and will have academic training. If I go to my country during sumemrs does this count as part of fulfilling the two-year requirement.
Thanks
Ignacio
las time i checked, any time in your country counts if it adds up to the required time. so make sure to record when you were in your home country.
Hi all,
Just to inform you that after months of hard work, I submitted my application package to Department of State and also to my home embassy in Washington ten days ago.
Now, time to wait for a decision for the next 2-4 months. I will keep you informed once a decision has been made.
Best,
cyp80
Hi cyp80,
How are you doing?
I have been reading your posts and your plan to waive the two-year rule with great interest. (I will be in the same situation some time in the near future.)
Are there any news regarding the decision? (At the end of March you wrote that the process may take about 2-4 months which would be about now.)
I hope it went all well.
Thanks for your reply.
David
Dear David,
It has been a long time since I entered this website. As you can imagine, this has been a very stressful time. I applied for a J-1 waiver with the help of my lawyer (who someone else recommended). I need to admit she did a great job, asssting me, helping me with the documents to get. I received a no-objection letter from my home embassy in DC, and despite this and the good letters, my waiver was denied in mid-May due to Fulbright.
I know that there are some exceptions, but more than 90 percent of the times, if you are a Fulbright scholar, you can pretty much forget the waiver. Yet, my lawyer said we have other options. Again, months of paperwork, letters, she filed my O-1 visa petition on August 01 and she said that O-1 visas are processed in 2 weeks (and no need for premium processing and extra charge) and I received my approval from USCIS on August 12.
It is required that after O-1 visa approval that I leave US, apply for a visa stamp at US consulate in my home country (or any third country but they prefer that we do it in our home country) and the enter US wit the new visa. My current F-1 OPT expires on August 31. Before this date, i need to leave US.
Thus, to do this, i am flying home on Tuesday and be back in US in 2.5 weeks. Hopefully, this should give me enough time to get the visa.
If you have any questions, feel free to send me an email. I need to emphasize once more that I couldn’t do this without a good lawyer. A person who was in the same situation referred this lawyer to me and i am so thankful to him that he did. So, i could definitely recommend her to you.
Good luck. All the best,
cyp80
Hi Denise,
Good luck and thank you for replying to this comment
Florian
Dear cyp80,
Thank you so much for your reply! (There was no “reply” button at the end of your post so I had to reply to my own post. I hope you still this message though).
I’m sorry the J-1 waiver got denied, but I’m really happy for you because of the O-1 visa. Nice job! I assume you applied for tenure track positions or similar jobs in academia? Also, I assume for getting the O-1 visa you need to be well-published and a member of important organizations?
I really would like to send you an e-mail so I can ask you about the lawyer and other details, but I don’t see your e-mail address.
My e-mail address is dave2005_8 (at) hotmail.com
Could you send me an e-mail?
Thanks so much!
David
Hi David
Denis’s email Address is given as part of her post
mailto:denizyucel18@yahoo.com
Hth
F
Thanks, Florian!
David
Hi guys,
I have some updates. In international office they told me that I can switch to O visa after my H1B expires. So I don’t have to leave country for 1 year. O visa is for6 years also. I assume you can easily switch from O visa to H and the from H to O and do this indefinitely. The only problem – your dependents cannot work. Next, if you go to some other country, not your own country to fulfill 2 year requirement, this will not count as a waiver. But if you don’t tell them this will be counted. One more extreme example. My friend that I met recently told me that he had J1 visa in early 90-s, but then applied for a green card (he never indicated about J1 visa) and got it in 2004. Now he is a citizen. The only problem is that every time he got mail from Immigration, he was and still is nervous.
Good luck to all of you,
Greg
Dear Florian,
Do you know how long it took for sponsor views to be sent?
Thank you,
cyp80
Dear cyp80,
as I recall, the Fulbright confirmations arrived within one or two weeks, back then.
Florian
Thank you for your response. Best,
cyp80
Hello, I’m a fulbright, with the j1 visa with the 2 year rule, after my program ended I went to my country and there was a huge strike…. so I decided to go back to USA using my tourist visa, I entered the country with no problems but after consulting immigration lawyers I could not get another visa because I had the “j1 visa and 2 year rule” there on my back…. 1 year later I received a certificate from Fulbright that my exchange wass a success and they were congratulating me with a nice looking “US department of education” certificate….
So I would like to get this fixed and time has passed 4 years and I’m stuck. I tried to get married but unfortunately I did not want to get married ’cause I did not want to end up stuck with someone who would be asking me for money if I’m barely surviving myseld.
I have applied to the Diversity Lottery and keep doing that every year…
Does anyone have any suggestions?? should I marry someone and get the no objection letter from my embassy, request a letter from Fulbright in my country, Fulbright funded me about 2,000 monthly, I was teaching at a highschool.
any suggestions, tips or comments would be appreciated. Thanks guys
How did you get a letter from Fulbright? My fiance was told that Fulbright didn’t do that – they wouldn’t give him a letter – he has a no objection letter from his country but is waiting on the US side. Who does he need to contact to get a letter?
Thanks
su
They don’t like it but they do it when you make clear that you have a no objection letter and that your professional future really lies in the US. I also happened to have been relatively active in academic exchange organizations and I gave the argument that this is another way to contribute to the mission of Fulbright without having to go back. I am not sure though that this mattered.
F
This page is really helpful, Florian! Thank you so much! I just learned that my agency will be able to help me apply for the waiver. However, I heard someone said that I have to stay with the J1 for about 20-22 months before I’m eligible to request a waiver. Have you heard anything about this? I’ve only been on the J1 for 1 year. Not sure if it’s enough to apply for the waiver…
Dear CT,
unfortunately, I don’t know the answer to this. It’s the first time I hear of this alleged restriction. I think most people apply for waivers AFTER the J1 has expired, but I may be wrong about this. Perhaps other people reading this blog will answer.
Florian
Hi Everyone,
Firstly, Thanks to Florian for starting and moderating this discussion – it is really has been a very useful resource.
So, my situation is similar to many of you. I came to the US on a Fulbright in 2008 to do a post-doc fellowship. As many of you know the next logical career step is to apply for a faculty position. There are many potential opportunities here in the US, but literally none whatsoever in my home country (Ireland, due to hiring freeze in all public sectors institutions including universities). However, of course, I have the 2 Yr HRR to contend with, which needs to be waived if I am to work here in the US.
I applied for the waiver based on ‘No Objection’. My Statement of Reason was about 1 page long, with 3 main arguments (some of which were inspired by this forum!). The first, I mentioned already, was that there are NO opportunities in my home country. The second was that my research here was going very well here and its likely to continuing to be very productive. Finally that I am also involved in many student exchanges between here and Ireland, and thus am still working towards the overall goal of fulbright, albeit indirectly (thanks for that one Florian!). Actually, I just remembered, there was one other part where I said my grant was quite small (~ $3,000) and I would be willing to pay that amount back
However, unfortunately I received the response from the DOS this week and my application was denied. I am not sure what to try next. I believe that there is no option for appeal in these cases. The whole situation is a bit of a shame because I think that FB is a great idea, but surely the original point of the program was not to be a hindrance to a persons career?
Anyhow, one can only play with the cards one is dealt, I suppose!
Comments and questions welcome
O
Hi Oran,
I agree that this HRR can cause real (unintended) problems. I always felt that FB’s mission was to further intercultural understanding. Like you, I received a very small FB stipend (I had other funding covering the rest of my costs) and it almost ruined what now turns out to be a fun career in the US.
I should say that I back then forgot about the HRR (my J1 one was before I actually did my PhD in the States). So I was on an F1 for my studies, then F1-OPT and I only realized that I had an HRR when I already was working for a university: my F1-OPT was about to run out and I wanted to apply for an H1-B. So, imagine my panic at that moment. I have no idea why they agreed to it, but one difference is that I applied when I already had a job (not intentionally, but that’s when I found out about the HRR). My chair supported my case with a letter describing the international search that had led to my hire and how I wasn’t taking anybody’s job since they wouldn’t have hired anyone else anyway. Another difference is that I had already spend some time between the J1 and the F1 in my home country. I don’t remember right now how much time, but I think about one year. Perhaps that mattered, too.
Have you looked into whether you’re eligible for a greencard application? Does the HRR apply to greencard applications as well? I know it applies to H1-B applications, but I am not sure about greencards. There is an “exceptional scholar” route to the greencard (I recommend pursuing that with a lawyer, ideally paid by your future employer, – it’s expensive, and even with a lawyer it’s quite some effort; still, it’s doable).
Florian
Oran,
I was just in the same situation. If you need any assistance, send me an email and i would be happy to refer a good lawyer who could help you.
My waiver due to fulbright was denied and she helped me and i received an O-1 visa. So, there are options.
Best,
cyp80
cyp80. I hope you are still following the thread. I applied the J-1 waiver 4 months ago and still han not received any answer. In fact, the DoS has been waiting the sponsor view from Fulbright for last 2.5 months. Can you please send me the contact info of the lawyer who helped you with the O visa. Do you know if one can transfer eventually from O to Hb1? Thnak you very much. Sam
Hi Sam, that does seem like a long time to be waiting for the response to your waiver application (I think mine came back in 2 months or so). However, I was told at the time that the wait time can vary considerably depending on certain ‘factors’ (which most of us outside the DoS are not privy to!). I do hope you get a favorable response, however as you probably know, the odds are stacked against anyone that came here on a Fulbright. So, if your waiver is denied and you decide to pursue the O visa it is worth remembering that the reason this option is that the O visa is, by definition, a non-immigrant visa and thus can never lead to residency, OR any other visa which could eventually lead to that status (such as H1B). Basically, if you go on to an O, the 2YrHRR can be ‘pushed to the back’ of your time on that visa but before transitioning on to another (immigrant) visa or green card after that – you would have to address the 2YrHRR once and for all! Bear in mind that I am not a lawyer and that this is just my understanding of the situation from my experience with it! Best of luck, Oran
Thank you Oran. Yes, it looks like there is no way around a negative waiver decision. I do not know why the sponsor view takes so long? Somebody told me that it is because the Fulbright Foreign Scholarship Board meets only quarterly? I do not know if the board is the committee that decides whether Fulbright supports waiver applications? Maybe somebody knows?
Dear Sam,
as far as I can tell, Fulbright’s decision depends on whether you received money from just your home country, the US, or both, on how much it was, and on what the bilateral agreements between your country and the US were. Some people get a confirmation that Fulbright is providing a waiver within a few days of giving them a call. Others have apparently been categorically denied such a waiver. When I asked Fulbright (in 2007), waivers were just becoming more common and after I explained my case (on the phone), they wrote a letter within a few days. That was all before I ever submitted the application.
Florian
In fact, grounds changed few years ago. The amount of money is not a determing factor whether you receive a favorable J-1 waiver recommendation or not. There are few persons in the US Fulbright that review applications and determines wheter you are eligable or not. My Fulbright sponsor view has been pending 2.5 months. I have experienced very good service at the DoS (thumps up). The person taking care of my case at the DoS have been contacting the person reviewing my case at the US Fulbright several times, but without any luck. I think it is in Fulbright’s interest to keep these waiting times relative lengthy.
Hi Sam,
thanks for your comment. I don’t see though how it’s advantages for Fulbright to keep people waiting. I don’t think they have any agenda. They are, however, bound to take their mission as an exchange program seriously. Part of that is, I think, that congress and perhaps the senate, which –as far as I understand– have an influence over funding for this program probably don’t want to see American tax dollars being spend to get folks here who are meant to only visit for the short-term (of course, not all Fulbright recipients actually receive US funds). In any case, I’d give Fulbright a call. that’s what I did back then and only then things started to happen (and their reaction was pretty much immediate). But perhaps, as you suggest, things have changed?
florian
Thanks Florian, Maybe you are right. Just a short comment. I have been trying to call and email them. I can’t get through the swicthboard operator (the person taking the calls). They say that they no nothing and they have no authority give any information. Maybe visiting Washington can help:)
I called my local Fulbright contact (at the West Coast office) back then and asked for a phone meeting. Good luck!
Thank you. I have no program officer at the Fulbright but with the IIE. Maybe systems have changed in last years? Thank you for your help.
Hi everyone,
I have similar situation as many of you. I am currently pursuing PhD in Princeton on the Fulbright (Science and Technology) fellowship. Presumably, I will try to get a waiver in future (I still have few years if I count one postdoc which is allowed). As I understand, to get no objection is impossible (Fulbright paid a lot of money for me – both tuition and stipend for 3 years), but there is also a “Interest of state agency” reason. As a physicist I will be probably involved in NSF or DOE grants (as a postdoc, not now), so this reason might be interesting for me. Does anybody have any experience with applying for a waiver based on this reason.
Thanks.
Hi ‘landau’,
as I recall from back when I applied this route is pretty restricted to professions directly relevant to medical and national security concerns. For that reason I didn’t consider that route back then (I am holding two NSF grants atm).
Florian
Thanks for the answer. Suppose that after all I have to go back to my home country (Czech republic). Do you have any information how you are supposed to prove after 2 years that you really were in your home country? I guess if you work inside EU they can not keep track of it.
Thanks.
I don’t think you need to proof it. It’s theoretically tractable based on your I-94s. But it might be a good idea to keep flight tickets.
Guys, I just thought I share with you that I got my greencard this April (2012) — five years after I submitted the waiver for the J1 home stay requirement. I was on H1Bs during those five years. I probably could have gone up earlier, but it was quite a bit of effort (I took the O1 route in case anybody is interested). At some point, I’ll post a summary of my experiences here. I’d say it took about a little over one year from starting to plan it in earnest to having the card. Phew.
Tiflo, congratulations on your greencard!!! – extremely well deserved
Thanks everybody for sharing all this great information. My latest J1 visa stamp reads:
“Bearer is NOT subject to section 212e
Two year rule does apply”
As the statement seems contradictory, several people have recommended me to request an Advisory Opinion at DOS, before entering into the whole waiver process. In your experience, is this worth (the advisory opinion)? Or most cases are by default confirmed as subject to section 212e
Hi,
I vaguely recall the same statement on my application back then. Unfortunately, searching online only returned a page in Hebrew (from the translation, it’s clear that the poster has the same/a similar question as you). Actually, searching a bit more returns a lot of similar questions. One immigration lawyer’s response is “Typos do happen”. I don’t think that’s it though since I seem to recall that it said the same on mine (which was successful). I would definitely call them and ask for a supervisor.
Florian
Thanks Florian, I’ll consult with them. Let’s say a J1 waiver is obtained, what is the immediate next step:
a) File for Adjustment of Status ( I-485), advance parole travel (I-131), and employment authorization (I-765) simultaneously? or
b) Apply for the O1 visa in the meantime.
As I don’t anticipate to follow the family-based or employment-based common routes
Best,
hmmm. That’s clearly beyond my expertise. I seem to vaguely recall those that my lawyer filed all those things at the same time. Looking at my notes that seems to be the case. If you’re question is as to whether I applied for an H1B or an interim visa back then, I went straight for the H1B. It came really close, but the H1B can be expedited if you pay extra. Sorry, if I misunderstood.
Florian
Tiflo, your blog was very useful for me when I applied for visa waiver, so I am posting my story here since it might be of use for other guys. I was on Fulbright (junior advanced visiting researcher to complete my phd dissertation, one academic year) and after completing my program I decided to apply for a phd there. My Fulbright was funded both by my home country and U.S. government, so the case was rather hopeless. I got 3 great letters of support from my University in the States (one of the professors was a former fulbrighter, so we thought it might help), my statement was also strong and well-grounded but no way. I also got favorable recommendation from my embassy, but this is never (?) a problem I guess. here is the timeline:
Department of State Decision: Not Favorable Recommendation
Item Action Date
Sponsor Views Received July 10, 2012
Recommendation Sent July 10, 2012
Request for Sponsor Views Sent June 12, 2012
No Objection Statement Received June 11, 2012
Fee Received April 24, 2012
Form DS-3035 Received April 24, 2012
Form DS-2019 Received April 24, 2012
Passport Data Page Received April 24, 2012
Statement Of Reason Received April 24, 2012
Other Received April 24, 2012
good luck to all applying for a waiver, judging from my experiences and information I collected, it is hard but possible to get a waiver when the funding was rather low and/or the program wasn’t sponsored by both countries (your home c and U.S.), but if the your funding came from both countries and you received a stipend (not only for the tuition, but also your daily expences) – it is impossible. Anyway – best of luck and fingers crossed for you guys!
Thanks for posting this!
I have applied for hardship waiver and Uscis forwarded by application to DOS. When i use to enter my case number it would display pending and show documents recieved. Interestingly for last 2 days , when i enter my case number, it says no new update on your case number. It doesnt show pending and document recieved. Does any one know whats going on ?
My J-1 program was not directly sponsored by my home government, US Government or any other international agency (eg Fulbright). However, my professor pays me from research grants that he obtained from US Government agencies (eg NSF, DoE etc). On the DS-3035 waiver application should I check ‘Yes’ or ‘No’ where it asks me whether I was supported by US Government funds? Thanks and once again, great thread of information.
Dear Ajit,
again, not being an expert, I’d say “no”, unless you were the direct recipient of the grant, e.g. if it is a Training grant. If it is a research grant to your professor, it is paid from the government to the university and the university employs you. In that case, I’d say no.
Florian
I have a question: how long should be the statement of reasons? and any tips/templates?
Thank you very much, I am getting crazy just to obtain the no objection letter from the embassy…
Regards,
Lorenzo
It’s typically rather short (1-2 paragraphs). I think I posted mine somewhere on this page, didn’t I?
I’m about to start my J1 visa application. Who does the decision whether you need a 2-year mandatory stay? Would you recommend me getting a NOS while applying for J1 visa? Or shall I just leave it then and wait until I get a job offer in US?
Hey, I am not sure I understand your question. Are you asking what the consequences of the 2-year homestay requirement are? It means you can’t take a paid job in the US with the exception of internships or RAships and certain other exceptions for students prior to graduation or up to 1 year post-graduation. Before you can apply for a visa that would allow you take jobs (other than those exceptions), you will have to either return to your home country for a total of 2 years (can be split into several periods that total 2 years) or you have to apply for a waiver to that requirement.
A NOS only makes sense in the context of the application for a waiver. Of course, you could ask your embassy now whether they would give you one later, though things might change by the time you need it. Also, if you get the NOS now, it would have a very old date on it by the time it will become relevant (when you apply for a waiver). I don’t know how that would be perceived.
Basically my question is, when is the best time to get a waiver (NOS). Right from the start of your J1 visa or when you finish your J1 visa and receive a job offer?
I’m pretty sure protein crystallography (which is the research I’m doing) doesn’t exist in Philippines (my home residence) and therefore, I would end up working in a different country ie US. I can perhaps go back here in UK (where I finished my PhD) and work for another postdoc but certainly, I don’t want to get restricted and not able to get a job in US if an opportunity comes.
I don’t know the answer. I wouldn’t apply for it before it becomes relevant. The NOS is the smallest part anyway. I think most embassies provided NOSes. It’s usually more of a question whether your sponsoring agency supports the case (e.g., Fulbright) and whether the US agencies are willing to waive the requirement, which, however, seems to become more and more the default. At least that’s my impression. I welcome opinions of others who have posted here.
Thanks! I’m not sponsored by my home country, neither by any agency. I’m directly funded by my supervisor in UCLA (who is funded by DOE, NIH, etc). I’ll probably just leave it til when it’s relevant. Hope my J1 visa application will go smoothly.
Hello! This is my first comment here so I just
wanted to give a quick shout out and say I genuinely enjoy reading through
your posts. Can you recommend any other blogs/websites/forums that cover the same topics?
Thanks!
This sounds like spam, but I wasn’t sure. If it isn’t can you repost with a more specific question? Thank you.
Hi, Florian,
Great comments. Very helpful!!
Could you please clarify how did you strong your arguments on statement of reason?
Thanks
Mary
It was very short. Is there something specific you’re wondering about?
I do not know whether this forum is still active, but I would like to know how easy/difficult it is to base a waiver request on hardship. I was sponsored for a 4 year phd (completely) on the fulbright. this means they have payed a fairly good amount of money for me. However, I belong to a country which is on the state department’s list of extremely unsafe places to travel. I have got married to an American, and there is no chance of him being safe there, or leaving his phd in America half way through…. do you think there is a possibility that i could get the hardship waiver. your input means a lot. please help.
Dear Tehreem,
I don’t know the answer, but perhaps others do. One thing I don’t understand: if you married a US citizen, can’t you directly apply for citizenship? Also, isn’t there a special route for the waiver that applies to folks marrying US citizens? It’s been a while so things might have changed.
Florian
Hi Florian,
This is a great blog! Thanks for all the work you’ve put into it!
I’m planning to apply for a waiver and I was wondering if I can request the “No Objection Letter” before filling out the on-line application and paying the $215.00 processing fee. In case I receive a negative answer from my embassy, I wouldn’t like to waste the money. I appreciate your input!
Thanks for taking the time to keep this blog active!
Hi Malina,
finally, a question that I think I can answer, haha =). Yes, that’s what I did. I first gathered all my information and then paid the fee. Good luck with your application!
Florian
Thanks for your quick response!!
Hi again Florian!
Do you remember by any chance what you told your Embassy when you asked for the No objection letter? I’m about to e-mail the embassy and I wasn’t sure if I should motivate why I think I’m eligible for it (maybe send them the statement of purpose I will upload on the DOS website) or just ask for the letter without that many details?
Also, is it required to have a letter from an employer when you send your application to DOS? I’m worried about my employer’s reaction
Thank you so much!!
Hi
I’m traveling and don’t have my NOS with me. It was short (4-6 sentences) but I did motivate my request, that I had been offered a job by a great department. I highlighted that the choice was between unemployed academic in Germany or having the chance of a productive research career at one of the best places in the world for what I do.
Hth
Florian