India is not included on the US Department of State’s 2024 Exchange Visitor Skills List. The 2024 list applies to exchange visitors admitted in J status or who obtained J status on or after December 9, 2024. For a person who obtained J status before that date, the Department of State says the two year home country physical presence requirement no longer applies on the basis of the Skills List when the person’s country is not on the 2024 list, even if an earlier list applied. Government funding or US graduate medical education or training can still trigger INA §212(e). Review the person’s J status dates, DS-2019 records, funding history, and the current Exchange Visitor Skills List guidance before concluding that the requirement no longer applies.
When INA §212(e) does apply, an exchange visitor generally must spend an aggregate of two years in the required country or obtain a waiver before receiving certain H, K, or L nonimmigrant visas, an immigrant visa, or permanent residence. The Department of State identifies five waiver bases: a No Objection Statement; a request by an Interested US Federal Government Agency; persecution; exceptional hardship to a qualifying US citizen or lawful permanent resident spouse or child; and a request by a designated State Public Health Department under the Conrad State 30 program. See the official waiver eligibility guidance.
Related immigration information: J-1 visa, J-1 visa waiver, H-1B visa, L-1 visa, and permanent residence.
What is an Indian NORI certificate?
NORI means “No Obligation to Return to India.” For an Indian national who is subject to INA §212(e), the NORI process is the Indian government’s process for considering a No Objection Statement for the US J-1 waiver process. A NORI certificate is not itself the final US waiver approval. The Department of State reviews the waiver request and makes a recommendation; USCIS makes the final decision.
Important 2025 change: Ministry of Education NOC
On May 1, 2025, India’s Ministry of Education announced that its separate No Objection Certificate requirement had been removed for all NORI applicants. That change does not mean that every supporting document or every category specific clearance has been eliminated. The Ministry of External Affairs continues to publish NORI instructions, and applicants should follow the current instructions for their category and the Indian mission or post handling the request. See the Ministry of Education public notice and the Ministry of External Affairs NORI guidance.
Current NORI application route and documents
The Ministry of External Affairs states that applicants residing in India apply through its Consular, Passport and Visa Division in New Delhi. Applicants living in the United States or another country outside India apply through the nearest Indian Mission or Post. The mission’s current checklist should be confirmed before submitting documents.
The Ministry’s published NORI instructions identify the following materials for the standard application process:
- An ink signed application requesting issuance of a NORI certificate.
- An original notarized affidavit on stamp paper describing the applicant’s visit to the United States and relevant passport, J-1 program, stay, and address details.
- An original notarized biodata statement covering education, passport and J-1 visa details, and the addresses requested by the Ministry.
- Copies of the Indian passports, including the passport used for travel to the United States, and the relevant US J-1 visa pages.
- A copy of the Department of State waiver case number barcode page issued through the J-1 waiver application process.
The Ministry’s published guidance separately addresses government visitors and physicians. Government visitors must obtain clearance from the parent department, and physicians must obtain the required clearance from the Ministry of Health and Family Welfare. These category specific requirements should not be confused with the Ministry of Education NOC requirement removed in May 2025. Consult the current MEA NORI instructions and the relevant Indian Mission or Post before relying on a document list.
How the NORI certificate fits the US waiver process
The applicant generally starts the US waiver process by completing the online Form DS-3035 and obtaining a waiver case number. The Indian government’s No Objection Statement must be transmitted through the official route; an applicant should not assume that a copy provided to the applicant can be substituted for the required government transmission. The Department of State explains the current submission process in its J-1 waiver instructions and waiver FAQs.
A No Objection Statement does not guarantee a waiver. The Department of State considers each request individually, and a different waiver basis may be necessary when a No Objection Statement is unavailable or does not fit the facts. The proper route depends on the reason INA §212(e) applies, program funding, medical training history, and the applicant’s immigration plans.
The firm handles J-1 waiver and related immigration matters. Please contact Messersmith Law Firm at 305-515-0613 or info@messersmithlaw.com to discuss an individual case.