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.
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.
49. In a situation when my application for "no-objection" statement is denied, will it be reconsidered?
No, J1 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.
50. Based on an interested U.S. government agency (IGA) application, what are the requirements for J-1 visa waivers?
You will require:
1. A letter from the designated official of the interested U.S. Government agency explaining why:
a. Granting such a waiver is in the public interest of the U.S.
b. It would be detrimental to the agency if you return to your home country to fulfill the two-year requirement
2. All DS-2019 Forms, the data sheet application, and two self-addressed stamped envelopes