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  • J1 visa home stay requirement waiver through NOS for US Gov funding

    Hello folks,

    I will be working at a NASA facility and my J1 visa for the research work will be sponsored by a NASA Program, which is managed by a university. So, technically, my J1 will be sponsored by the University, which is working on behalf of NASA. Now, I have been very restless about the whole 2 year residency requirement. I plan on getting the waiver through the NOS method, which, due to the US government funding, will entail sponsor views. I had spoken to the office at the university that deals will J1 visas and I was told they give a favorable feedback to DOS, when asked for a sponsor view, almost every time. This makes sense as the funds I would receive through this program was not meant for cultural exchange purposes, i.e. anyone, including a US person could also have received the same funds for the project I am working on.

    So the reason for my sleepless nights is the question of whether or not the DOS gives an unfavorable recommendation to USCIS after having received a favorable recommendation from my sponsor. Given that I would most certainly receive a favorable response from my sponsor views, what is the probability that USCIS would turn down the waiver request? Or do they always go with the recommendation made by the sponsor?

    Cheers,
    Akshay

  • #2
    This really depends on a lot of factors.

    Waivers are never guaranteed. That's a first. NOS for government funds is always a gamble.

    Second - it's not yet guaranteed that the university is who covers your funds. What's on your DS-2019? What is the reason for 2HRR checked on it?

    Comment


    • #3
      Originally posted by Kurosawa View Post
      This really depends on a lot of factors.

      Waivers are never guaranteed. That's a first. NOS for government funds is always a gamble.

      Second - it's not yet guaranteed that the university is who covers your funds. What's on your DS-2019? What is the reason for 2HRR checked on it?
      Thanks for your reply Kurosawa.

      The funds are definitely coming from NASA, a government source. So I will be subject due to the government funding condition. Now, DOS will seek sponsor views from the NASA Program, which is managed by a university. Which is why I will be sponsored by the university for my J1. I had spoken to the program office and I was told that they almost always give a favorable recommendation to DOS. So my question really is if DOS gets this favorable response, is it possible that they or USCIS would deny the waiver? Will they go against the decision of the sponsor as given by sponsor views?

      I understand that waiver is a lot more difficult in case of exchange programs (like Fulbright) meant solely for the purposes of "cultural exchange" and the funds are kept aside for that purpose. In my case, the funds are not specifically meant for exchange, and they could have hired anyone else, even a US person for the job. So I am hoping it would be a lot easier in my case to get a waiver, despite it technically being a US government funded program.

      I have not as yet applied for the visa, nor have I received the DS-2019, and I wanted get some of these things cleared before I went ahead with the process. I only want to go through with the visa and the internship at NASA if I have a good deal of confidence that the waiver will be approved. How possible do you think it is?

      Any thoughts? Thanks again, I appreciate it.

      Comment


      • #4
        Tread carefully, because the sponsor views might be actually requested from NASA, since they are the original funds provider. It will all depend on the program code that you will have on DS-2019.

        At the end of the day, DoS can decide whether they want to grant the waiver or not regardless of sponsor views, for example, if they believe that reasons you gave them do not outweigh the benefits of the original sponsored program.

        Comment


        • #5
          Hello Akshay, I'm in a very similar position as you. Can you please tell us what ended up happening in your case? Who was contacted for the sponsor views and also what the end result was? Thanks

          Originally posted by Akshay1320 View Post
          Thanks for your reply Kurosawa.

          The funds are definitely coming from NASA, a government source. So I will be subject due to the government funding condition. Now, DOS will seek sponsor views from the NASA Program, which is managed by a university. Which is why I will be sponsored by the university for my J1. I had spoken to the program office and I was told that they almost always give a favorable recommendation to DOS. So my question really is if DOS gets this favorable response, is it possible that they or USCIS would deny the waiver? Will they go against the decision of the sponsor as given by sponsor views?

          I understand that waiver is a lot more difficult in case of exchange programs (like Fulbright) meant solely for the purposes of "cultural exchange" and the funds are kept aside for that purpose. In my case, the funds are not specifically meant for exchange, and they could have hired anyone else, even a US person for the job. So I am hoping it would be a lot easier in my case to get a waiver, despite it technically being a US government funded program.

          I have not as yet applied for the visa, nor have I received the DS-2019, and I wanted get some of these things cleared before I went ahead with the process. I only want to go through with the visa and the internship at NASA if I have a good deal of confidence that the waiver will be approved. How possible do you think it is?

          Any thoughts? Thanks again, I appreciate it.

          Comment


          • #6
            End result?

            Hi Akshay, I'm in a very similar position as you. Can you please provide more details regarding who was contacted for sponsor views and also what the end result was? Thank you!

            Originally posted by Akshay1320 View Post
            Thanks for your reply Kurosawa.

            The funds are definitely coming from NASA, a government source. So I will be subject due to the government funding condition. Now, DOS will seek sponsor views from the NASA Program, which is managed by a university. Which is why I will be sponsored by the university for my J1. I had spoken to the program office and I was told that they almost always give a favorable recommendation to DOS. So my question really is if DOS gets this favorable response, is it possible that they or USCIS would deny the waiver? Will they go against the decision of the sponsor as given by sponsor views?

            I understand that waiver is a lot more difficult in case of exchange programs (like Fulbright) meant solely for the purposes of "cultural exchange" and the funds are kept aside for that purpose. In my case, the funds are not specifically meant for exchange, and they could have hired anyone else, even a US person for the job. So I am hoping it would be a lot easier in my case to get a waiver, despite it technically being a US government funded program.

            I have not as yet applied for the visa, nor have I received the DS-2019, and I wanted get some of these things cleared before I went ahead with the process. I only want to go through with the visa and the internship at NASA if I have a good deal of confidence that the waiver will be approved. How possible do you think it is?

            Any thoughts? Thanks again, I appreciate it.

            Comment


            • #7
              Further details

              Hi Akshay,
              I am in exactly same situation as you. I just came back to India after attending a 6 month term at NASA. My host at NASA sponsored me and the funding was through a university.
              Now, I am applying for another program (this time sponsored by Indian govt.). So I need to apply for a J1 waiver from India.

              Could you please tell me what exactly is 'applying through NOS method'?
              What did you do in order to obtain the waiver?
              If you could give me the details, that would of great help to me.

              Thank you very much.
              Remya

              Comment


              • #8
                Hi Remya, Akshay

                Were you able to successfully receive waivers? Kindly let me know. I am in a similar situation.

                Thank you,
                Arj.

                Comment


                • #9
                  There is, however, a legal rationale for the home-residence requirement. The J-1 visa is intended for exchange programs where people learn something particular to the United States myprepaidcenter
                  Last edited by Jerome; 03-24-2020, 02:06 AM.

                  Comment

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