Foreign nationals who enter the US in J-1 visa status or change their status in the US to J-1 may be subject to INA Section 212(E). Persons subject to 212(E) are required to return to their home country for an aggregate period of two years or obtain a J-1 visa waiver to waive this requirement before they may change their status in the US, obtain H-1B Visa, L-1 visa or permanent residency.
There are four avenues for obtaining a J-1 visa waiver but generally, the easiest way is to request a statement from the foreign national’s home country stating that there is no objection against the foreign national to remaining in the US without returning home for two years. While this is widely considered the easiest way to obtaining a waiver, it is in no way a sure thing. There are several US and foreign agencies that must support the applicant before the no objection letter is issued and the waiver is approved.
For Indian nationals, it’s necessary for the applicant to obtain clearance from the authorities concerned in India, namely
1. The State Government (Department of Home);
2. Department of Education, Ministry of Human Resources Development, Shastri Bhavan, New Delhi OR Ministry of Health & Planning, Government of India, New Delhi. (For medical professionals only); and
3. The concerned passport office from which the application obtained passport to come abroad.
In some cases, a request for clearance from each agency is sufficient. In others, a persuasive statement must be submitted before the agency will approve the request. After issuance of the NORI, the applicant must petition the U.S. Department of State (DOS) for issuance of the J1 waiver.
Hi
Thanks for such a wonderful post, I was looking for this information but could not find it anywhere. Please guide me through my situation.
I was working on a J1 visa for 45 days with a J1 valid visa for 1 year. Due to some medical reasons I had to leave the Job and come back to my country(India).
My Husband is on H1B status and I want to apply for H4.
Do I need to obtain a waiver before applying for H4?
Thank You
Can u suggest to whom or which office I have to approach for the J-1 VISA WAIVER . I HAVE A PASSPORT ISSUED FROM MUMBAI OFFICE.
Dear Sir,
I have processed my application for getting waiver for two year rule. Currently I’m back to India and I’m not sure which department I need to conact to get the No objection letter.
Our foregin ministry doesn’t have an idea.
Regards,
Prashant
Hello,
Could you please inform me contacting address of : The Home Department of Delhi which accepts NORI application for j1 waiver ?
Should I give my USA address or my parents address for returned documents? Which will be more convenient and faster ?
I highly appreciate your response. Thanks in advance.
Hi,
Is there anyone who has contacted any agent (like passport agent) to get your NORI letter from either passport office or state govt? I have been browsing through many many blogs and all I find is that people generally send their attested letters (which they get from Indian consulate in US) to their family member or may be friends, and then they go to passport or state govt offices, and “give” whatever they demand. I am asking that, rather than family or friends, has anyone send the letter directly to a known agent and get the work done?
Thanks in advance!
AJ
HI AJ
did you find any agent?
AS