CASE: J-1 Waiver (No Objection Statement)
NATIONALITY: Philippines
LOCATION: Orlando, FL
Our client came from the Philippines on a J-1 in August 2017 to work as a teacher. He was subject to the two-year foreign residency requirement. His prospective employer wanted to sponsor his H-1B and consulted with our firm for his J-1 visa waiver. 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 he can apply for a waiver under the No Objection Statement category based on the fact that he has a U.S. citizen child.
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 NOS application to the Waiver Review Committee in Manila, Philippines. Then, the Waiver Review Committee forwarded the materials and favorable recommendation to the Philippine Embassy in D.C. who eventually issued a No Objection Statement.
On August 25, 2020, the Waiver Review Division issued a favorable recommendation based on the No Objection statement. Eventually, on September 14, 2020, the USCIS issued an I-612 approval notice for the waiver.