CASE: J-1 Waiver (No Objection Statement)
NATIONALITY: Philippines
LOCATION: Sacramento, California
Our client came from the Philippines on a J-1 in August 2017 to work as a teacher. Based on her DS-2019, she was subject to the two-year foreign residency requirement. Later, her prospective employer wanted to sponsor her H-1B visa and she consulted with our firm for her J-1 visa waiver prior to applying for the H-1B. If someone is subject to the two-year foreign residency requirement, he or she cannot change status to H-1B in the United States until he or she fulfills the requirement or obtains a waiver.
Our office told our client that she can apply for a waiver under the No Objection Statement category based on the fact that she has a U.S. citizen child. Upon retention, our office filed a waiver application to the Department of State, and also prepared the No Objection Statement request from the EVP in the Philippines.
On January 7, 2020, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State. On April 13, 2020, our office sent our client’s No Objection Statement request to the Waiver Review Committee in Manila, Philippines. Then, the Waiver Review Committee granted the NOS and forwarded the materials to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.
On August 11, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, on August 25, 2020, the USCIS issued an I-612 approval notice for the waiver.