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Disclaimer: This is preliminary information only and is meant as a guide to the general timeline for the waiver process for the Statement of No Objection category.  While OIS provides general information around the steps involved in the J-1 waiver process, as your J-1 program sponsor we are unable to directly assist with the preparation and submission of a waiver application. The information below is not intended to provide legal advice. While many J-1s are able to complete the application without legal assistance, should you have a case that requires assistance, OIS advises you to consult with an immigration attorney with experience in preparing waiver cases.  

The waiver process can be lengthy. On average it can take 6-12 months to receive a determination. Some waiver cases may take longer than 12 months. 

Waiver Timeline

  • 1

    Contact OIS (prior to initiating J-1 Waiver)

    • Review the 212(e) presentation on determining subjectivity
    • Complete the 212(e) Assessment Worksheet
    • Consult a J-1 advisor in OIS to discuss waiver vs. advisory opinion, the filing process for a waiver, timing considerations and possible repercussions it will have on your ability to extend the DS-2019 and travel. 

    *After consulting OIS, proceed to step 2

  • 2

    Document Preparation & Submission to DOS (1-2 months)

    • Collect required supporting documents 
    • Complete the Department of State’s (DOS) Form DS-3035 online & submit the application 
    • DOS will open the case and provide you with a unique case number 
    • Obtain No Objection statement as required by home country Embassy. If any part of your J-1 program was supported by an organization other than JHU the DOS may reach out to those organizations   
    • Home country government will communicate with DOS 

    *Review FAQ on travel while waiver pending

  • 3

    DOS Review & Recommendation to USCIS (4-6 months)

    • DOS reviews your application  
    • DOS makes a waiver recommendation to USCIS. Copies of the recommendation are forwarded to you. You should forward your DOS recommendation to [email protected] once received

    Your DS-2019 is no longer eligible for extension if the DOS issues a favorable no objection recommendation to USCIS 

  • 4

    USCIS Final Review & Notification (1-3 months)

    • USCIS receives the recommendation, issues a receipt notice, reviews, and processes your case (timeframe can vary depending on USCIS case volume) 
    • After receipt notice issued, monitor case status online 
    • USCIS issues a final decision (approval or denial) and sends a notification (Form I-797) to you 

Frequently Asked Questions

What is no objection?

No objection is a statement from your home country that it has no objection to the waiver of the 2-year home residency requirement. Each country has its own rules, regulations, and procedures regarding when it will issue a no objection statement. Once you complete the DS-3035 online and have a case number you will contact your home country government through your embassy located in the U.S. and request a no objection statement.

What are the required supporting documents?

Refer to the Department of State’s website, (STEP 3- Submit Supporting Documents)

How do I know what my case number is?

You will be issued a unique case number after completing the DS-3035 online application. The online system provides you a case number immediately even though the application cannot be submitted online.

How can I check my processing time with Department of State?

Visit the Department of State’s website and enter your Case Number. 

How can I check processing times with USCIS?

Go to USCIS’s website and follow the steps below:

  • Select I-612 Application for Waiver of the Foreign Residence Requirement (under section 212(e) of the Immigration and Nationality Act, as Amended) from the drop down for Form
  • Then select Application for a waiver of the 2-year foreign residence requirement from Form Category 
  • Finally, select Vermont Service Center from Field Office or Service Center. This will give you the most recent average processing times
Should I share my processing updates with OIS?

Yes, you are strongly encouraged to share updates at each step with OIS. You can email such updates including the date you applied, case number, no objection approval, USCIS receipt notice, USCIS approval, etc. to [email protected] 

Where can I obtain assistance, should I need it, for filing the waiver application?

OIS cannot provide assistance with filing for a waiver. Should you have a case that requires assistance OIS advises you to consult with an immigration attorney with experience in preparing waiver cases. You may find an attorney through the American Immigration Lawyers Association, www.aila.org. 

Can I travel while my waiver application is pending?

You should consult OIS with questions about traveling while your waiver application is pending. A J-1 Exchange Visitor in “active” status who is seeking entry/re-entry to the U.S. must establish that they are not an intending immigrant. During a visa renewal, a J-1 Exchange Visitor would be required to prove non-immigrant intent, and a pending waiver application could be viewed in conflict with the J-1 immigration status and grounds for denial of a visa.