{"id":137,"date":"2009-04-13T19:54:44","date_gmt":"2009-04-14T01:54:44","guid":{"rendered":"http:\/\/blog.messersmithlaw.com\/?p=137"},"modified":"2009-04-13T19:54:44","modified_gmt":"2009-04-14T01:54:44","slug":"j-1-visa-waiver-no-objection-statement-nori-india","status":"publish","type":"post","link":"https:\/\/blog.messersmithlaw.com\/?p=137","title":{"rendered":"J-1 Visa Waiver No Objection Statement (NORI): India"},"content":{"rendered":"

Foreign nationals who enter the US in J-1 visa<\/a> status or change their status in the US to J-1 may be subject to INA Section 212(E).\u00a0 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<\/a> to waive this requirement before they may change their status in the US, obtain H-1B Visa<\/a>, L-1 visa<\/a> or permanent residency<\/a>.<\/p>\n

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\u2019s home country stating that there is no objection against the foreign national to remaining in the US without returning home for two years.\u00a0 While this is widely considered the easiest way to obtaining a waiver, it is in no way a sure thing.\u00a0 There are several US and foreign agencies that must support the applicant before the no objection letter is issued and the waiver is approved.<\/p>\n

For Indian nationals, it’s necessary for the applicant to obtain clearance from the authorities concerned in India, namely<\/p>\n

1.\u00a0 The State Government (Department of Home);<\/p>\n

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<\/p>\n

3. The concerned passport office from which the application obtained passport to come abroad.<\/p>\n

In some cases, a request for clearance from each agency is sufficient.\u00a0 In others, a persuasive statement must be submitted before the agency will approve the request.\u00a0 After issuance of the NORI, the applicant must petition the U.S. Department of State (DOS)<\/a> for issuance of the J1 waiver.<\/p>\n","protected":false},"excerpt":{"rendered":"

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).\u00a0 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 … Read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[28,27,29,38],"tags":[180,179,181,189],"class_list":["post-137","post","type-post","status-publish","format-standard","hentry","category-home-residency-requirement","category-j-1-visa-waiver","category-no-objection","category-nori","tag-home-residency-requirement","tag-j-1-visa-waiver","tag-no-objection","tag-nori"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t