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.
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.
Hake & Schmitt
Attorneys at Law
P.O. Box 540 (419 Main St.), New Windsor, Maryland 21776
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.
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