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Exchange Visitor (J-1) Program ‘No Objection’ statements

Exchange Visitor (J-1) Program ‘No Objection’ statements

** Questions regarding the Exchange Visitor (J-1) Program and/or your eligibility to participate should be addressed to the Department of State’s National Visa Center on +1 603 334 0700 or US Citizenship and Immigration Services (USCIS) on +1 800 375 5283. You can also visit the US Department of State’s BridgeUSA page or email jvisas@state.gov. **
 

The Exchange Visitor (J-1) Program is intended to promote educational and cultural exchange between the United States and other countries. It affords foreign nationals opportunities to experience the United States, while participating in various pre-approved work- and study-based programs.

In keeping with the Program’s aims, participants are expected to return to their home country upon completion of their program in order to share their exchange experiences.

Known variously as the ‘foreign residence requirement’, the ‘home residency requirement’ and the ‘home-country physical presence requirement’, section 212(e) of the Immigration and Nationality Act requires some exchange visitors to return home for at least two years after their program ends or seek a waiver. 

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Waiver grounds

Australians and Australian residents who are subject to, but cannot or do not wish to comply with, this requirement may apply for a waiver on any one of five grounds provided for by US immigration law.

One of those grounds is on the basis of a ‘No Objection’ statement issued by the Australian Government.

This statement asserts that the Australian Government has no objection to you remaining in the United States and no objection to the possibility of you becoming a US permanent resident.

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Seeking a waiver

To seek a waiver on any grounds, visit the US Department of State Waiver Review Division’s website, complete the online J Visa Waiver Recommendation Application and reserve a case file number.

If you are seeking a waiver on the basis of a 'No Objection' statement, follow the instructions below. 

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Applying for a ‘No Objection’ statement

To apply for a 'No Objection' statement, mail the following to the Embassy:

  • a completed Exchange Visitor (J-1) ‘No Objection’ Statement Application form, providing your name, address, date and place of birth, daytime contact details and waiver case file number;
  • a copy of your completed J Visa Waiver Recommendation Application, including the ‘Third Party Barcode’ page;
  • a copy of the biodata page of your current Australian passport, or your a copy of the biodata page of your foreign passport and proof of your Australian residency (note: we DO NOT require your original passport);
  • a signed declaration made before and signed by a Notary Public, stating that

“I, [your 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 time in the United States of America under the Exchange Visitor (J-1) Program.”

Incomplete applications and applications that don’t comply with these instructions cannot be accepted and will be returned immediately, along with a letter explaining the reason(s) why and what you will need to do before resubmitting your application.

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Where to mail your documents

Applications should be addressed to

Consular Affairs - J Visa Waiver
Embassy of Australia
1145 17th St NW, Suite GP410
Washington DC 20036-4707

For security reasons, hand-delivering your application to the Embassy is NOT possible.  

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Payment 

Fees vary each month, depending on fluctuations in the exchange rate. The current fee is listed in the Applying for a 'No Objection' statement section above.

In the United States, fees are payable by Visa, Mastercard or Discover Card in US dollars only - payments by cash and cheque are not accepted.

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Processing time

Processing times vary, but we make every effort to process your application and submit the ‘No Objection’ statement to the US Department of State’s Waiver Review Division within five (5) business days of receipt by our office.

Taking the time to ensure that your packet is complete and correct before mailing it to us, providing us with contact details at which you can be easily be reached, and promptly responding to any requests for clarification or further information, will help ensure the quickest possible turnaround.

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