What to Say in My Statement of Reasons Requesting a J-1 No-Objection Waiver?

If you are in the U.S. on a J-1 exchange visitor visa, you could be subject to a two-year home country residency rule that requires you to physically return to your home country for two years after your exchange program ends. Visa holders are typically subject to this requirement if they used their J-1 status to participate in either:

• a government-funded exchange program
• a program that required and used your specialized knowledge or skills to further the development of your home country, or
• a program to receive medical education or training.

The basic idea is that you received the benefit of this program in order to bring knowledge and skills back to your home country, and it would be unfair to then simply remain in the United States. Luckily for people who wish to spend more time in the United States, there are ways to get out of the home-country residency requirement, as described further below.

Various Ways to Get a Waiver of J-1 Home Country Residency Requirement

Some J-1 visa holders are eligible for a waiver of the two-year home country residency requirement, meaning it would be forgiven in their particular case. The types of waivers include:

• Exceptional hardship: A waiver is available if fulfilling the home country residency requirement would result in exceptional hardship for your U.S. citizen or permanent resident spouse or child.
• Request by interested U.S. government agency: If you are working for a U.S. federal government agency, that agency may request a waiver of the home residency requirement on your behalf.
• Persecution: A waiver is available for J visa holders who have a credible belief that returning to their home country would result in persecution for their race, religion, or political opinion.
• Conrad State 30 Program: Foreign medical graduates in J-1 status may request a waiver if a designated State Public Health Department or its equivalent requests it on their behalf.
• No-objection statement: Your home country may issue a statement in support of waiving the two-year home country residency requirement in your case. Start by determining your country's general policy and procedure for granting such statements, most likely by contacting your home country's U.S. embassy or consulate or visiting its website to find their (potentially unique) rules.

Choosing the No-Objection Statement Basis for a Waiver

Unless one of the first four criteria above apply to you, you will likely be seeking waiver of the home residency requirement through the no-objection statement. Fortunately, the application process for the no-objection statement is usually fairly straightforward.

What If Your Home Country Never Issues No-Objection Statements?

Some countries have a policy of always denying a request for a no-objection statement. Unfortunately, you probably cannot appeal such a denial. If you do not qualify for one of the other criteria available for a J-1 home residency requirement waiver, you will have to fulfill the two-year home residency requirement by returning to your home country. Failing to do so, and remaining in the U.S. unlawfully, can seriously undermine any hopes you might have of returning to the United States in the future.

Submitting a J-1 Waiver Request to the DOS

To apply for a waiver of the home country residency requirement, you will first need to visit the U.S. Department of State's Visa Waiver page to complete Form DS-3035. After you have submitted this online application, you will receive a case number.

Next, you will need to write a statement of reason, containing an explanation of why you are requesting a waiver. In most (but not all) types of cases, including "no-objection" cases, all you would need to give is a short, honest statement about why you want to stay in the United States. Keep your statement clear and to the point. There is no need for pages of explanation; a few sentences might be all that's required to get your point across.

For example, if requesting the waiver because you've been offered a job in the United States that you'd like to take, you could simply say that XYZ Company has offered you a great job, and you'd like to take advantage of that opportunity to further your career. Or if you are requesting the waiver because you married a U.S. citizen and your spouse doesn't want to move to your home country, you could simply say that your spouse and you prefer to live in the United States and apply for permanent residence based on marriage because you like it here and all your spouse's relatives are here.

But there is one situation in which what you say in your statement of reasons matters very much. If the U.S. government funded your exchange program, it's very likely your waiver request will be denied, even if your home country does not object to you staying in the United States. The U.S. State Department has program, policy, and foreign relations considerations that you would need to address in order to have any hope of getting the waiver. If your J-1 program received U.S. government funding, your statement of reasons will need to be lengthy and complex, and almost certainly you will want to hire a lawyer who specializes in J-1 waivers to help you write your statement.

After writing your statement, print it out to add to the package of what you will submit by mail. This also includes a paper copy of the DS-3035, your government's "no objection" statement, any other relevant supporting documentation, and a check or money order for the $120 USD fee (2025 figure). See J-1 Visa Holder Can Apply for a No-Objection Waiver of Two-Year Home Residency Requirement for more information.

Processing times for the DS-3035 vary. Be prepared to wait a minimum of several weeks for your no-objection waiver. You can find more precise processing times at the U.S. Department of State's J-1 home residency requirement waiver page.

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