My j1 trainee employer is a small private firm , appointing j1 trainee for the first time . I am undergoing architecture training which does not involve any research. My husband is in USA in the process of Green card.
Will it be possible for me to get a J1 HRR waiver on the grounds of no-objection from my home country - India? Can the DOS deny my waiver because of a weak reasoning for waiver or because my husband is here?
Are there any J1 specialized attorneys on this forum available for legal advice?
Are you sure that you'll have the HRR requirement?
Is there funding from a government?
Are you being trained to develop a skill on the 'skills list'?
Hopefully you won't have the HRR restriction ... it is very, very, hard to get a waiver.
Meet in private with the immigration attorney doing the visa ... do not let this 'small private firm' try to do the J without an attorney.
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First off, we need to know why you are subject to the two-year foreign residence requirement. Based on your description, it appears that you are likely subject based on the skills list for India (which is robust). In any event, I recommend you get an evaluation from a lawyer with specific experience in J-1 matters to perform an evaluation of whether and why you are subject to the two-year foreign residence requirement.
We’ve done no objection waivers for individuals from India. The State Department doesn’t care whether your husband is in the United States. That fact is not germane to the adjudication of the no objection waiver application. The key thing is that you need to get the Indian Embassy or the appropriate consulate, to issue a no objection statement. The process for obtaining this can be onerous because you need to get various certificates from India, which take time to materialize. But once you have the no objection statement, the waiver application will be processed quite quickly.
In terms of basis for the waiver, as long as you are not subject based on U.S. government funding, you just need to write 1-2 honest paragraphs for your statement of reasons.
I do recommend that you seek a consultation with a lawyer that has specific experience in J-1 matters. No objection waiver applications can be routine for the practitioner, but can also be confusing to applicants doing the work on their own. Our practice concentrates on 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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