Navigating J1 Waiver Request for Evidence: What You Need to Know

A J1 visa holder requiring a J1 waiver may obtain a no objection statement by contacting the consular section of the exchange visitor’s home country’s embassy.
When the J 1 exchange visitor contacts the embassy, he or she must request a no objection letter and request that the embassy forward this statement to the Department of State’s Waiver Review Division.
Each country has unique requirements to qualify for a no objection letter for a J1 waiver. As a result, it is necessary to confirm that embassy will issue the statement before submitting the request, since not all embassies will comply with a request for a no objection letter.
If the embassy will issue a no objection letter, the J1 waiver applicant may want to consider consulting with an Immigration Attorney. Moreover, the J1 exchange visitor should note that an embassy’s processing times for issuing the no objection letter can be lengthy.
The Waiver Review Decision will evaluate whether the J1 exchange visitor meets the requirements for the waiver, and will forward the application to the USCIS for final review. Subsequent to USCIS’s approval of the waiver application, the exchange visitor may complete the Immigrant Visa (green card) or non-immigrant visa process.
DOCTORS WHO PARTICIPATED IN CLINICAL TRAINING SPONSORED BY THE EDUCATIONAL COMMISSION FOR FOREIGN MEDICAL GRADUATES (ECFMG) CANNOT APPLY FOR A NO OBJECTION LETTER TO WAIVE THE TWO YEAR HOME RESIDENCY REQUIREMENT.
If an exchange visitor’s home country does not agree to issue a no objection statement, other waiver options should be pursued. These options include exceptional hardship, persecution, or interested government agency waivers.
Chapters:
0:00 Intro
0:34 What is a Request for Evidence?
1:31 About the Qualifying Relative
2:24 Hardship Claims
3:10 Hardship Segments
3:49 Detailed Explanation on Hardships
4:22 About Temporary Separation
5:00 Provide Documentary Evidence
5:56 About Financial Hardship
6:48 Medical Hardship
7:12 Conclusion
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[@mattc9875]

Good afternoon, are you aware of any practice similar to the issuance of an RFE from the Waiver Review Division in case their office requires more evidence to process a NOS-based request for waiver recommendation?

[@Dinesh-Lindsey]

I have 2 year back waiver can I stay in us without going home ? I am in J1 visa right now

[@TheGreenCardLawyer]

An applicant subject to the two year rule will need a waiver, fulfill the two year home residency requirement or apply for a visa that does not require a waiver.