Winning a J1 waiver on Fulbright!

Published on medium.com - Winning a J1 visa waiver on Fulbright

In this blog, I will describe my experience applying for a waiver of the J1 visa. Since you're here, I'm assuming you're seeking the waiver because you previously held a J1 visa or now have one while participating in a "student exchange program" in the United States. I'll give some helpful links, timeframes, and pointers to help you succeed in this difficult endeavor. 

Here we go:

Waiver Application Process (stepwise in a nutshell)

Step 0: Affidavit and Biodata attestation

Step 1: Getting a 'No Objection' clearance from your home country (also called as NORI - No obligation to return to India)*

Step 2: Mail your petition (DS3035) forms and supporting documents to Department of State (DOS) Waiver division (St. Louis, MO)

Step 3: Your embassy in United States (in Washington, D.C) sends their 'No Objection Statement' to DOS (in Washington, D.C) directly.

Step 4: Online update in DS 3035 portal that all your documents have been received. 

Step 5: DOS favorable recommendation update online.

Step 6: FINAL approval from the USCIS.

*Info: I am an Indian national, and my waiver ground was "No objection," thus my procedure would be as follows. In addition, I was in a third nation at the time of this procedure (i.e. neither in the US nor in India). Also, I had received federal funding (Fulbright fellowship).

Step 0: Biodata and Affidavit attestation 

Start date : Nov 05, 2019

1. Prepare Biodata and Affidavit forms, sign it and get it notarized from a local notary officer at your place.
• Please note, Indian embassy has a sample Biodata and Affidavit form on their website. You can use that and re-write it in a WORD document should you need more space to fill in details.
• Please make sure the affidavits are notarized first before you seek attestation.
2. Send the notarized Biodata and Affidavit for attestation (along with supporting documents) to your nearest Indian embassy. You need to prepare 4 copies of each.
• Due to Covid-19, WALK-IN services are currently suspended. Please send requisite document by mail along with all supporting documents listed below
• Notarized copies of passport, legal status, address proof, J1-visa stamps, educational certificates (for verification of Bio-data).
• Miscellaneous form  
• Attestation fee in the form of Cashier's check/Money order
• Return shipping envelope. 
• Please do not send original Passport. 

#Tip 1: "Cashier's Check/Money Order should be drawn in favor of CONSULATE GENERAL OF INDIA, [STATE NAME]" No blank check/money order will be accepted by the consulate. ICWF charges for miscellaneous services are $2.00 per application. 

You have now got the attested biodata and affidavit from the Indian embassy and are ready to submit your application package to three departments in India: 

1. MHRD
2. Passport office
3. Home State Department

Step 1: Getting a 'No Objection' clearance from your home country

This step actually consists of 4 sub tasks

Task 1.1: Getting NORI from MHRD

• Create profile at www.nori.ac.in 
• Upload documents online
• Affidavit (notarized and attested by embassy)
• Bio-data (notarized and attested by embassy)
• Bachelors Degree, Masters Degree and Doctorate degree (if applicable)
• J-1 visa with a simple clarification letter explaining why you are seeking a waiver (merged into the same pdf)
• Passport First and Last Page
• Cover letter

#Tip 2: This is the simplest and quickest stage in the entire procedure. You may follow your case online once it has been submitted. The status will display "In Process" until a decision is made, and you'll be able to get your first NORI in about a month.

Task 1.2: Getting NORI from Regional Passport Office

Similar to step 1.1, following documents should be submitted:

• Affidavit (notarized and attested by embassy)
• Bio-data (notarized and attested by embassy)
• Bachelors Degree, Masters Degree and Doctorate degree (if applicable)
• J-1 visa page with a simple clarification letter 
• Passport First and Last Page
• Current immigration status and associated documents
• Cover letter

Please send the application package, which includes all the above-mentioned documents, to your Regional Passport officer by mail or in-person. This phase might take anywhere between 4 and 6 weeks. A police officer may visit your home mentioned in the Affidavit for verification. Following this step, you will get the NORI through email. They also send emails directly to the Indian Consulate in your state.

#Tip 3:  Submitting the documents in person weighs more than submitting via mail. However, it's completely fine to send by mail as well. My advice is to have someone from your family follow-up with them on a regular basis. This significantly increases your chances of obtaining NORI sooner than usual.   

Task 1.3: Getting NORI from Home State Department

This is most often the rate-limiting step, or the slowest step. Make sure you continue to follow it with them.

Again, send the following document to the Home State Department - NORI division:

• Affidavit (notarized and attested by embassy)
• Bio-data (notarized and attested by embassy)
• Bachelors Degree, Masters Degree and Doctorate degree (if applicable)
• J-1 visa page with a simple clarification letter 
• Passport First and Last Page
• Current immigration status and associated documents
• Cover letter

In this step, once you send the documents, it is first attested by a Deputy Secretary and you're provided with a reference number. Then, the Home Department sends out a letter to the following offices:

1. Controller of Examination of your University (not your college)
2. SB-CID (Special Branch CID) for NORI verification clearance

The most interesting part is the visit from Special Branch-CID. The individual will come to the home address you listed in your affidavit/Biodata to confirm that it is indeed the address of your parents. He will request several identification documents, such as ration cards and utility bills. Make sure you offer them Tea and snacks :) 

He may also ask for an undertaking from your parents that they don't have any problem you living in US as long as you will not abandon them. 

Once this is done, keep in touch with them since that person is required to send his report to his boss, who is the one who signs your letter and forwards it to his clerk for return to the Home Department. 

The NORI letter will be mailed to you, or you can request that it be emailed to you.

#Tip 4: Following up with the officials at every step is a great idea and will save you a lot of time.

Task 1.4: Finally, getting a No Objection Statement from Indian Embassy in Washington, D.C.

Once, you have all the 3 copies of NORI, send this out to your nearest Indian embassy (who prepared Biodata and Affidavit for you) to obtain one consolidated NOC. 

Following supporting documents must be send to them:

1. Filled miscellaneous form 
2. Money order of $20 in favor of "Consulate General of India, [State name]"  and $2 towards "Consulate General of India (ICWF)"
3. Three NORI clearances from MHRD, RPO and Home department of state in India you belong to – self attested
4. Passport copy – self attested
5. Copies of all DS-2019 – self attested
6. Copy of J1 visa – self attested
7. Case number and barcode page from Department of State (USA)

#Tip 5: While you're waiting for all of the NORIs, make sure you have two sets of $25-35 US postal stamps on hand. I bought it on eBay.com. You may also ask a friend or family member who resides in the United States to mail it to you. The next step will explain why you need this. Note: Because this may take some time, it is best to complete it before moving on to step 2. 

Step 2: Mailing your petition (DS-3035) forms and supporting documents to Department of State (DOS) Waiver division (St. Louis)

You have to send the following documents to Department of State and  I will list down the steps below:

1. Fill out DS 3035 form online at https://j1visawaiverrecommendation.state.gov/
2. Submit it and an application package will be generated. This form will only be considered submitted truly when its physical copy is sent to the DoS address mentioned below:
   

Department of State J-1 waiver

P.O. Box 979037

1005 Convention Plaza

St. Louis, MO 63101 - 1200

This application package has a page "Statement of Reason" where you need to explain in 200 words or less why are you seeking a waiver.

#Tip 6: This is a place where you must be completely honest and genuine about your reason for seeking the waiver. You should explain how working in this nation will benefit both the United States and yourself. For instance: I was going to work in a National Laboratory, and I wrote that the type of research I will be performing will enhance US R&D and the economy, as well as provide jobs and employment opportunities for its citizens.  

You need to send following documents along with ds-3035 application package:

1. DS 3035 application package
2. Statement of Reason
3. DS-2019 (all copies)
4. Two self addressed STAMPED legal-size envelopes.
5. Processing fee of USD 120. If you are outside the United States, you may pay the fee with a bank international money order or a foreign draft from an institution in the United States. It must be in U.S. currency and payable to the U.S. Department of State. I went to a local bank and they issued a draft from their US subsidiary. On the back of the draft, write down your waiver case number, your full name, your date of birth, place of birth and social security number (if applicable).

Assemble these documents and send to DoS address mentioned above.

#Tip 7: Make sure your case number and country/region of last residence is written on any documentation submitted, as well as on the outside envelope of ALL future correspondence with the Waiver Review office.

The DoS takes an average of 4 weeks to update this online and you can check the status here https://j1visawaiverrecommendation.state.gov/

Info: The current pandemic has slowed regular processing times, and some have reported waiting up to 8 weeks for papers to upload and display online.

Step 3: Your embassy in United States (in Washington, D.C) sends their 'No Objection Statement' to DOS

Now that you have clearances from all 3 Government departments in India, go to your nearest Indian High Commission for the next steps. Here’s how it works:

1. You submit the clearances you obtained from the 3 departments in Step 1 along with some supporting documents like passport copies, J-1 visa copy, DS-2019 etc.
2. The Indian High Commission in your country issues a No-objection letter to you
3. They forward the same to the Indian High Commission in Washington D.C. with other supporting documents* that you provided by Registered Post. It can take a few weeks or days to reach them (depending upon what service you chose to send it).
4. The High Commission in Washington D.C. forwards the No Objection Letter received with an additional cover letter addressed to the DoS waiver division citing your petition number.

#TIP 8: *Make sure you send the BARCODE page obtained from your DS-3035 package to the Indian high commission in D.C. 

Info: 

• DoS recognizes No Objection letter only if it arrives from the embassy of your home country in the US.
• Make sure your application packet is received by DoS and is updated online (Step 2 completed) before the No objection letter from the embassy reaches them.

Step 4: Online update in DS 3035 portal that all your documents have been received. 

Once DoS receives all the documents in your application packet (sent to the St. Louis address) and the No Objection statement from your embassy, the online update timeline can vary anywhere between 1 to 60 days (documented timelines, sometimes it can take longer if your case is not straight forward or you need multiple waivers).

#Tip 9: Although there is no tracking for when your documents were received by US DOS, you can track when your bank's cheque was cashed. This gives you an idea that your documents have been received and are being processed.

#Tip 10: Meanwhile if you have any questions, you can send your query to 212ewaiver@state.gov

#Tip 11: All J waiver inquiries should refer to only one case per e-mail and must include the following:

• Case number
• Last name
• First name
• Date of birth
• Basis under which you are applying for a waiver, and
• A brief explanation of your inquiry

Important info:

Because I was a Fulbright student and had received federal funds, I got a "Request for Information" from the Department of State through letter after 4 months of processing. I was requested to respond 2 questions by FAX:

1. No. of days spent in my home country (After J1 visa)
2. Reason of seeking a waiver

I responded quickly (the same day), but they take an absurdly lengthy time to update every step in their system. As a result, it took them two weeks to update their response to my FAX. Within a few weeks of this stage, they put out a request for "SPONSOR VIEWS" - the most difficult step of the entire journey.

Sponsor views - means they have sent out my application to request recommendation from the program's sponsor. It's ECA (Bureau of Educational and Cultural Affairs). ECA is the nodal agency responsible for fostering cordial, peaceful ties between Americans and people from other nations via intellectual, cultural, athletic, and professional exchanges, as well as public-private collaborations. So their entire goal is to allow the exchange student to return to their home country and distribute the training and learning he or she gained in the United States. I was terrified at this stage because I anticipated it not to offer me a favorable recommendation because I was requesting a waiver from their 2-year home presence requirement. I had to wait for another 5 months, which was a stressful time. I was not very positive at this stage, but all I could think about was why they were taking so long. Just get it done and set me free from this entire WAITING game. But, see the next step!!

Step 5: DOS favorable recommendation update online.

There was not a single day in the whole 13 months that I did not access the waiver website to check on the progress of my case.

However, on the holy day of December 15, I was delighted to learn that the DoS had given me a favorable recommendation. I was exhilarated.

You will receive a letter from DoS in the mail in one of your self-addressed stamped envelopes indicating that DoS has given you a favorable recommendation and that everything from their end has been completed. In the second self-addressed stamped envelope, they also send their recommendation to USCIS and issue you an i-797 C Notice of Action. This i-797 letter includes a Case number, which you can use to follow the status of your case.

My timeline

It is now up to USCIS to grant you FINAL permission.

Step 6: FINAL approval from the USCIS

It's not finished yet. While the Department of State is responsible for reviewing and approving your waiver petition, the final decision is still in the hands of USCIS. In most situations, USCIS will accept the advice of the DoS and give you the waiver. However, in some exceptional circumstances, such as hardship or persecution, USCIS will hold the case and request a non-USCIS advisory opinion, which can take several months. You can check the status at https://egov.uscis.gov/casestatus/landing.do

After approximately 2 weeks since DOS's favorable recommendation, USCIS gave me a favorable recommendation with an i-612 approval letter, which I got within the next two weeks. Yay!!!

End date : Jan 06, 2019

So, the final step is to wait for the i-612 approval letter before proceeding to apply for an H1B visa. However, I no longer needed that because I had already obtained an O1 - A visa (which does not require a J1 waiver) and was in the United States by the time my J1 waiver was issued. Still, if you intend to change your status to that of an immigrant type in the future, you will require the waiver.

That's all. It was a 14 months journey! someone has rightly said, "Patience is a virtue"

Shoot me any questions you might have in the comments sections. You may also want to join this Facebook group "J1 visa waiver" where we share and discuss various questions from applicants currently going through the same process. 

Some Useful links:

• https://www.cgisf.gov.in/page/nori-no-obligation-to-return-to-india/
• http://www.nori.ac.in/
• For Affidavit and Biodata forms
• For Miscellaneous Form
• DS-3035 
• USCIS case status
• Buy US Postal stamps on ebay
• Buy Legal size envelope on Amazon