J-1 Visa Waiver No Objection Statement: P.R. China

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 Chinese nationals, there are seven main requirements, though exact requirements may differ from case to case to obtain the No Objection Statement (NOS).

1.  The NOS applicant must be a Chinese citizen holding a personal passport;

2.  The NOS applicant must have received private or government funding;

3.  The NOS applicant must have been present in the US for one year at the time of application;

4.  The NOS applicant must be at least six months from completing the J1 program;

5.  The NOS applicant must have registered with the Chinese Education Deparment;

6.  The NOS applicant must have settled with the J1 program sponsor regarding housing and financial issues; and

7.  The NOS applicant must provide a valid reason why the NOS should be granted.

Exceptions can be made in certain circumstances.

After issuance of the NOS, the applicant must petition the U.S. Department of State (DOS) for issuance of the J1 waiver.

2 Responses

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  1. Written by Tom Allen
    on September 7, 2010 at 9:46 pm

    I have a question for the readers of this blog. Who would my fiance need to contact about obtaining a NOS? She has just recently completed her work assignment as a teacher in US using a J1 Visa, but has now returned home to China (in the Yunnan Province). Her visa states that she is subject to the 2-year rule, and we would like to obtain a J1 Visa Waiver if it is possible. She has received funding from both the Chinese and US governments.

    Several lawyers in the US have indicated that the Chinese Embassy in Washington DC may not be the right contact for her, because she has already returned home to China. We are still struggling to find the right contact.

    Does anyone have any idea how to proceed? We would be willing to work with a lawyer who is experienced in these particular cases.

  2. Written by Joe F.
    on June 9, 2013 at 5:57 pm

    Hi Tom,
    I have a similar but different set of facts.
    Am interested to learn what you found out and ended up doing.

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