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Q: How do I request a "no objection" statement and where do I send it?
A: You may contact the consular section of your embassy in Washington, D.C., and request a "no objection" statement to be forwarded to the Department of State on your behalf. The Embassy must forward the "no objection" statement directly to the Waiver Review Division at the Department of State.
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Q: When in the application process should I request a "no objection" statement?
A: You may request a "no objection" statement only after you have submitted your data sheet and fee, and received an information packet from the Waiver Review Division of the Department of State.
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Q: What if I cannot get a "no objection" statement from my former country of residence?
A: You may apply for a waiver in any of the remaining statutory bases. If none of the other bases applies to your situation, you must return home to fulfill the foreign residence requirement.
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Q: Can anyone apply for a waiver based upon "no objection" from the host country?
A: No. Foreign medical graduates sponsored by the Educational Commission for Foreign Medical Graduates ("ECFMG") to do their clinical training cannot apply for a waiver based on a "no objection" statement.
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Q: Why are foreign medical graduates ineligible to apply for a waiver based on a "no objection" statement from their government?
A: In accordance with Public Law 94-484, exchange visitor physicians who are admitted to the U.S. in exchange visitor status for the purpose of receiving graduate medical education or training are subject to the two-year foreign residence requirement of Section 212(e) of the INA. Before their medical training under the sponsorship of the Educational Commission for Foreign Medical Graduates (ECFMG), their country must provide a letter of need attesting to that country's requirement for trained physicians. Therefore, the exchange visitor physicians are not eligible to apply based on "no objection" statements.
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Q: How can I be sure that the "no objection" statement has been received?
A: You can ask the embassy from which you requested the "no objection" statement if it has been sent to the Waiver Review Division. The Waiver Review Division unfortunately does not have the resources to notify each applicant when a "no objection" letter has been received on his or her behalf.
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Q: My "no objection" statement application was denied. Can I ask for reconsideration?
A: No. Waiver applications are exhaustively considered, and it is the policy of the Waiver Review Division not to reconsider "no objection" statement applications once a final determination has been made. You may, however, reapply using another statutory basis for waiver should another one apply to your situation.
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Q: What is required for a waiver based on an interested U.S. Government agency ("IGA") application?
A: You must provide:
- A letter from the designated official of the interested U.S. Government agency, explaining why granting such a waiver is in the public interest of the U.S. and why it would be detrimental to the agency if the exchange visitor returns to the home country to fulfill the two-year requirement
- All DSP/IAP-66 forms
- The data sheet application
- Two self-addressed stamped envelopes
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Q: If I'm an exchange visitor physician and I plan to work in an underserved area in the U.S., what must be presented to obtain a waiver based on an interested U.S. government agency application?
A: You will need to gather the following:
- A Data sheet
- A Processing fee - a cashier's check or money order for $136
- IAP-66 forms
- Your Curriculum vitae
- A Physician statement - A statement signed by the physician that should read as follows: "I,__________(name of exchange visitor) hereby declare and certify, under penalty of the provisions of 18USC.1101, that: (1) I have sought or obtained the cooperation of_______(enter name of U.S. Government agency which will submit/is submitting an IGA request on behalf of the exchange visitor to obtain a waiver of the two-year home residence requirement); and (2) I do not now have pending nor will I submit during the pendency of this request, another request to any U.S. Government department or agency or any equivalent, to act on my behalf in any matter relating to a waiver of my two-year home residence requirement." The statement must be signed and dated.
- Form G-28 or letter from a law office if an attorney represents the applicant
- Two self-addressed, stamped, legal-size envelopes
The interested U.S. government agency will need to gather and send directly to the Waiver Review Division the following:
- A letter of request from head of the agency, or designated official stating why it is in the public interest that the exchange visitor be granted a waiver of section 212(e) of the INA
- A signed contract for no less that three years and 40 hours a week between physician and facility
- Evidence that the clinic/facility is located in a U.S. Department of Health and Human Services designated Health Professional Shortage Area ("HPSA") or Medically Underserved Area ("MUA")
- A "no objection" statement from the visitor's government only in cases where the foreign government funding is involved
- A Facility statement - A statement signed by the head of the facility at which the foreign medical graduate will be employed stating the facility is located in a designated HPSA or MUA area and provides medical care to both Medicaid and Medicare eligible patients, and indigent uninsured patients. The statement should also include the Federal Information Processing Standards county code and census tract or block numbering area number (assigned by the Bureau of Census) or the 9-digit zipcode of the area where the facility is located
- Evidence that unsuccessful efforts were made to recruit an American physician for the position (medical journal advertisements; labor certification or language in cover letter stating efforts to recruit an American physician have been unsuccessful)
- A Department of Veterans Affairs requests on behalf of J-1 physicians to serve in VA hospitals. VA hospitals do not have to be in an underserved area.
- A memorandum of agreement between physician and a hospital in lieu of three-year contract.
For quicker processing of the waiver application, the interested U.S. Government agency may submit both its and the applicant's required documentation together.
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Q: How do I apply for a waiver based on my fear of persecution if I were to return to my home country?
A: Apply directly to the INS on Form I-612. If your waiver is granted, the Bureau of Citizenship and Immigration Services (previously INS) will notify you directly.
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Q: Do I need to send anything to the Waiver Review Division?
A: No.
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Q: Can I apply for a waiver based both on my fear of persecution and the exceptional hardship that my having to return to my home country would cause my family?
A: No. Persecution claims should never be intertwined with claims of exceptional hardship.
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Q: How can I check on the status of my application based on fear of persecution?
A: You may call 202-663-1600. If additional documentation is needed, the Waiver Review Division will contact you directly. When a final determination has been made, you will be notified. Until you hear from the Waiver Review Division, the status of your case is considered "open." You should make whatever plans you need to make regarding your work, life in the U.S. or return to your home country on the assumption that you will not be recommended for a waiver.
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Q: How do I apply for a waiver based on the exceptional hardship my American citizen or permanent resident family members face if I must return to my home country?
A: Apply directly to the Bureau of Citizenship and Immigration Services (previously INS) on Form I-612.
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Q: Do I need to send anything to the Waiver Review Division?
A: No.
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Q: Can I apply for a waiver based both on the exceptional hardship that my having to return to my home country would cause my family and my fear of persecution?
A: No. Persecution claims should never be intertwined with claims of exceptional hardship.
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Q: How can I check on the status of my application based on exceptional hardship?
A: You may call 202-663-1600. If additional documentation is needed, the Waiver Review Division will contact you directly. When a final determination has been made, you will be notified. Until you hear from the Waiver Review Office, therefore, the status of your case is considered "open." You should make whatever plans you need to make regarding your work, life in the U.S. or return to your home country on the assumption that you will not be recommended for a waiver.
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Q: How do I apply for a waiver based on a request from a State health agency?
A: The applicant is responsible for gathering the following:
- A data sheet
- A Processing fee: cashier's check or money order for $136
- IAP-66 forms
- Your Curriculum vitae
- A "No objection" statement from the visitor's government in cases in which foreign government funding is involved
- A Form G-28 or letter from a law office if applicant has an attorney
- Two self-addressed stamped, legal-size envelopes
The State health agency must gather and send directly to the Waiver Review Division the following:
- A letter from the State health department's designated official (designated by the state governor) which states it is in the "public interest" that the exchange visitor physician remain in the U.S. and includes the following:
- Exchange visitor's name
- Country of last legal permanent residence
- Name of medical facility
- Address of facility
- U.S. Department of Health and Human Services designated Health Professional Shortage Area (HPSA) ID number of medical shortage area
- A letter from the facility that wishes to hire physicians
- Evidence that the facility is in a Health Professional Shortage Area (HPSA) or a Medically Underserved Area (MUA)
- A signed contract for no less than 40 hours a week for three years between the facility and the physician, with signatures of physician and head of the facility
For quicker processing, the State health agency may submit both its own and the applicant's required documentation together.
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Q: Which U.S. government agencies can apply for the waiver on behalf of foreign medical graduates?
A: The Appalachian Regional Commission, Department of Agriculture, Department of Veterans Affairs and Department of Interior for Indian Reservations. Foreign medical graduates may also apply through an individual State's department of health that participates in the Conrad State 20 program.
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Q: Which U.S. Government agencies apply for waivers on behalf of exchange visitors?
A: In the past the waiver office has received requests from the following agencies:
- Department of Education for teachers/professors
- Department of Health and Human Services for medical researchers, pharmacy research, post-pediatrics/endocrinology researchers
- US Department of Agriculture for workers in the fields of agricultural economics, food processing, animal science, agronomy, agricultural and comparative pathology fields
- Department of Energy for physicists working in the fields of mineral/metallurgical engineering, nuclear engineering, treatment and disposal of radioactive wastes
- Department of Defense for workers in the fields of computers, economics or electrical engineering
- National Aeronautics and Space Administration for workers in air/space fields
- Department of Interior for environmental specialists and civil engineers
- Department of Transportation for workers in the fields of chemical/civil engineering, aviation
- National Science Foundation for physicists, atmospheric earth scientists, economics specialists, and specialists in science education
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Q: What is an advisory opinion for a waiver recommendation case?
A: An advisory opinion is a request for a statement from the Waiver Review Division as to whether an exchange visitor is subject to Section 212(e) of the Immigration and Nationality Act, as amended.
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Q: When should I request an advisory opinion?
A: You should only request an advisory opinion after you have participated in a J-1 program and you have doubts whether or not you are subject to Section 212(e).
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Q: Can anyone request an advisory opinion on my behalf?
A: Yes. Your attorney or your responsible/alternate officer may request an advisory opinion for you.
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Q: What information should I include in my request for an advisory opinion?
A: You should mail legible copies of all your DSP/IAP-66 forms along with the written request for an advisory opinion. You shouldn't send your request by fax because DSP/IAP-66 forms frequently become illegible during the fax process.
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Q: Where do I send the request?
A: You should send your request to the following address:
U.S. Department of State
CA/VO/L/W, Visa Services
2401 E Street, NW, (SA-1)
Washington, DC 20522-0106
The request for an advisory opinion should be made by letter and must provide legible copies of all of your DSP/IAP-66 forms for the entire time you were in J status. You should provide a self-addressed, stamped envelope for where you would like the advisory opinion sent.
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Q: How long should it take before I get a decision on whether you will recommend a waiver in my case?
A: The processing times will vary depending on the type of application you have submitted. The times given below are estimates only from the date of receipt of all documentation necessary to process the application.
No objection - 5 months
Interested U.S. Government agency - 4.5 months
State department of health - 4.5 months
Exceptional hardship - 8 months
Fear of persecution - 8 months
Advisory opinions - 4 months
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Q: After a favorable recommendation for a waiver is made and transmitted by the Waiver Review Division to the INS, what is the next step?
A:The Bureau of Citizenship and Immigration Services (previously INS) will make the final decision regarding the waiver and will contact the exchange visitor directly.
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Q: What is the Exchange Visitors Skills List?
A: The skills list is a list of occupations that are needed in the exchange visitor's home country.
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Q: How does an exchange visitor determine if his or her country has a skills list?
A: The current skills list is published in the Federal Register, Volume 62, No. 11, January 16, 1997 (pages 2448 to 2516). The 1972 skills list appeared in Vol. 37, No. 80, April 25, 1972, 8099-8117. The 1984 skills list appeared in Vol. 49, No. 114, June 12, 1984, 24194-24249. Amendments to the skills lists were published in the following Federal Registers: Vol. 43, No. 29, February 10, 1978, 5910-5912; Vol. 51, No. 189, September 30, 1986, 34701; Volume 52, No. 24, February 5, 1987, 37444; Volume 52, No. 53, March 19, 1987, 8700; Volume 53, No. 242, December 16, 1988, 50619; Volume 58, No. 143, July 28, 1993, 40466.
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Q: Which country's skills list applies to me?
A: The country of your last legal permanent residence, where you obtained your J-1 visa, applies to you.
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Q: How do I determine if the funding I received for my program was government-provided?
A: You should consult your program's responsible officer for assistance in making this determination.
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Q: Does funding provided by an international organization make me subject to the two-year home residence requirement?
A: Yes.
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Information courtesy of the Department of State.
