Skip to main content

Do I need my sponsor to get 212e waiver?

Jersey City, NJ |

Hi, I currently wish to apply for a 212e waiver, and my sponsor is reluctant to help me. Do I need a consent from them? Even if I get the no objection statement from my embassy.

Attorney Answers 3

Posted

You should consider consulting with an immigration attorney to waive INA § 212(e) with respect to your J-1.

VOSBIKIAN & VOSBIKIAN, L.L.C. (856) 755-1400, e-mail: ssvosbikian@voslaw.com - Offices in Atlantic City, Cherry Hill, Newark, and Trenton, NJ. Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please visit and share this site: www.voslaw.com

Mark as helpful

3 lawyers agree

Posted

Check with an immigration lawyer.

IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.

Mark as helpful

4 lawyers agree

Posted

Some Embassies require acquiescence from the program sponsor before they will issue a no objection statement. Most do not require this.

When it comes to a no objection waiver application, you need to determine why you are subject to the two-year foreign residence requirement. There are three ways one can become subject. These are: (1) government funding (U.S. or foreign funding); (2) home country skills list; and (3) participation in graduate medical education.

A no objection waiver (with the no objection statement from the home country Embassy) will typically prevail when foreign government funding or the skills list is involved. One subject based on graduate medical education is ineligible to apply for a no objection waiver. Finally, when U.S. government funding is involved, the Department of State Waiver Review Division will solicit program sponsor views in the case. (It is optional for them to do this, but in practice, they always solicit such views in U.S. government funded cases).

If you participated in a program funded by the U.S. government (e.g. ACTR/ACCELS, FLEX one year high school exchange, one year undergraduate exchange, Fulbright, Muskie, or USAID funded programs), the program sponsor will likely issue negative program sponsor views. In exchange programs funded by the U.S. government, such as Muskie, Fulbright, and ACTR/ACCELS/FLEX, the program sponsor is the Bureau of Educational and Cultural Affairs (ECA) at the Department of State. If it is a USAID funded program, the program sponsor is USAID. These two sponsors generally issue negative views, which are usually adhered to by the WRD.

If your program is a private program, not funded by the U.S. government, program sponsor views will likely not be sought.

I recommend you consult with a lawyer experienced in J-1 matters.

Brian Schmitt
Hake & Schmitt
Attorneys at Law
P.O. Box 540 (419 Main St.), New Windsor, Maryland 21776
Phone: 410-635-3337
http://www.hake.com/pc/

Required Disclaimer: This information is generalized and should not be relied upon as legal advice; and this communication does not create an attorney-client relationship.

Mark as helpful

Education law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics