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J-1 Visa - Frequently Asked Questions

45.

If I am unable to obtain a No Objection statement for J-1 waiver from my former country of residence, what will be my status?

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.

46.

Based on the No Objection obtained from my host country can I apply for a J-1 waiver if I am a foreign medical graduate?

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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47.

Based on a No Objection statement from the home government, why are foreign medical graduates ineligible to apply for a waiver?

In accordance with Public Law 94-484, exchange visitor physicians who are admitted to the U.S. in exchange visitor status, or who acquire such status after admission on or after January 10, 1977, 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 your medical training under the sponsorship of the Educational Commission for Foreign Medical Graduates (ECFMG), your home 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.

48.

When do I know that the No Objection statement is received?

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 you when a No Objection letter has been received on your behalf.

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