Note: Questions regarding ‘J’ visas (and all other U.S. visas) should be addressed to the Office of Visa Services in the U.S. Department of State. For further information, visit https://travel.state.gov/content/visas/en.html.
The Exchange Visitor (J) non-immigrant visa category is for individuals approved to participate in work- and study-based exchange visitor programs. All exchange visitors are expected to return to their home country upon completion of their program in order to share their exchange experiences.
For this reason, J-1 visa holders are generally subject to a two-year home-country residence requirement prior to re-entry into the United States. This requires the holder to return to his or her home country for at least two years at the end of their exchange visitor program. This is also known as the foreign residence requirement under U.S. law, Immigration and Nationality Act, section 212(e).
This mandatory two-year home-country stay can be waived under certain conditions.
‘J’ Visa Waiver - "No Objection" Statement
Australians who are subject to, but do not wish to comply with, the two-year home-country residence requirement, may apply for a waiver of that requirement under any one of the five applicable grounds provided for by United States immigration law. One of those grounds is on the basis of a "No Objection" Statement issued by the Australian Government.
*** Those wishing to apply for a waiver should visit https://j1visawaiverrecommendation.state.gov/ to reserve a case number and begin the paperwork for their request to the Department of State Waiver Review Division for a waiver recommendation.
Applying for a "No Objection" Statement
The Embassy will provide you with a statement that the Australian Government has no objection to you not returning to Australia and no objection to the possibility of you becoming a lawful permanent resident of the United States. This statement must be submitted directly to the Department of State Waiver Review Division by the Embassy.
To apply for a "No Objection" Statement you are required to submit:
- a copy of your completed data sheet, including the "Third Party Barcode Page";
- your waiver case file number;
- the number, place of issue and expiration date of your Australian passport;
- USD$174 (valid for Mar/Apr 2017), payable by Visa or Mastercard only (see Credit Card Authorisation Form). No cash/cheques are accepted; and
- a signed declaration made before and signed by a Notary Public in the following form:
“I [insert full name] do solemnly and sincerely declare that I am under no obligation, financial or otherwise, to return to Australia at the completion of my exchange in the United States of America under the J Visa program.”
Note: If you make your request at the Embassy in person, you may sign the declaration before a consular official instead of a Notary Public. There is an additional fee of USD$53 for this service.
Applications should be addressed to:
Consular Affairs - ‘J’ Visa Waiver
Embassy of Australia
1601 Massachusetts Avenue NW
Washington DC 20036-2273
The "No Objection" Statement will be sent to the US Department of State Waiver Review Division within one business day.