The J1 Program is a wonderful Cultural-Exchange Visa Program that brings highly educated professionals from abroad for a period of stay of up to 5 years. The J1 Visa Holder usually comes to the US with the condition that they return to their home country for 2 or more years after the J1 Program ends. This condition, this 2-year home residency requirement, is a “contractual agreement” many J1 professionals wish to waive for marriage to a US Citizen or future employment reasons.
The waiver process might feel daunting, almost like you will be moving heaven and earth, but the requirements are simple and explained below.
NOS Waiver Application Requirements:
The following are the eligibility requirements for the Honduras NOS Waiver Request:
- A Letter addressed to the Embassy of Honduras in the United States and signed by the interested party, and must contain
- Name and contact information
- Presentation of the way in which the J-1 Visa was obtained.
- Amount of time elapsed since you entered the States United under J-1 status.
- An admission that, by accepting a J-1 visa, you accepted a commitment to return to reside in Honduras for a period not less than two years.
- Explanation of the reasons why you do not wish to return to Honduras.
- Original letter from the Institution that sponsored your J-1 visa, which states that the Sponsor has no objection to the J1 applicant not returning to Honduras.
- Sworn statement of the applicant, made before the Consulate of Honduras upon payment of $50.00 by Money Order or authenticated by a Notary and Apostilled, stating that the letter requested in the previous paragraph is signed by the sponsor (sponsor) of your J-1 Visa or a sworn statement that the institution does not issue that type of letter, as the case may be.
- Copy of the document “Certificate of Eligibility for Exchange Visitor (J- 1) Status”.
- Copy of the document “J-1 Visa Waiver Recommendation Application.”
- Letter from the United States Department of State regarding receipt of the waiver application and assigning a waiver number file (Third Party Barcode Page).
- Copy of passport and J-1 visa.
- Proof of payment of $30.00 through Money Order in favor of the Consulate of Honduras for the processing of a Letter of No Objection from the Government of Honduras.
- Duly authenticated copy of the Cooperation Agreement between the petitioner and an institution of the Government of Honduras or a Non-Governmental Organization (NGO) that carries out its operations in Honduras, which at least must include the following:
- a) Statement of reasons.
- b) Document proving the legal representation of the signatory. (Confirmation issued by the Directorate of Registration, Regulation and Monitoring of Civil Associations DIRRSAC).
- c) Document proving the legal status of the institution or NGO. (Certificate issued by the Directorate of Registration, Regulation and Monitoring of Civil Associations DIRRSAC)
- d) Description of the cooperation that will be carried out.
- e) Duration of the cooperation (not less than two years).
- f) Exact work to be performed by the petitioner.
- g) Number of weekly hours that the petitioner will work.
How to File?
The Request Requirements are mailed to the Honduras Embassy:
Honduran Embassy
1220 19th St. NW
Suite 320
Washington DC, 20036
The Embassy would thereafter communicate by email.
Issue with J1 Teachers:
Although many J1 Teachers are able to do the NOS Waiver, such as teachers from Jamaica, Venezuela, Colombia, etc., Honduran J1 Teachers are at a disadvantage. As seen above, the Embassy requires three items:
First, the J1 must admit that they 100% accepted the terms and conditions of the J1 Visa years ago, and that they accepted a commitment to return to reside in Honduras for a period not less than two years. They were going to keep this promise on day 1, but then between Year 1 and Year 5, things changed. This requirement is easy to satisfy, but it could also be the grounds for denial. It forces the J1 to realize the 2-year home residency requirement was 100% at some time in the past, and Honduras could remind the J1 that they should return home.
Second, the Sponsor (e.g. EPI, PARTICIPATE, FACES, etc.) to provide an original “Sponsor No Objection Statement.” However, a fact most forget, J1 Teacher Sponsoring Agencies almost always 100% Object, and some sponsors “immediately terminate employment” if the Waiver is mentioned/brought up. Yes, merely inquiring is enough grounds for termination of employment.
Many J1 Teachers sign an employment contract and written promises to NOT pursue a waiver, NOT marry, and NOT Remain in the US after the J1 Program. After all, the J1 is meant to “exchange” cultures, knowledge, and experience, it is not focused on “Employment” or “immigration based on marriage,” it is designed for the US to benefit for up to 5 years, and then for Honduras to benefit in the Teacher’s return for 2 or more years.
A Honduran J1 Teacher is almost never able to acquire an “Original letter from the Institution that sponsored your J-1 visa, which states that the Sponsor has no objection to the J1 applicant not returning to Honduras” and a “Sworn Affidavit that the institution does not issue that type of letter” is usually possible AFTER the Sponsor terminates/fires the J1, stating their position of 100% objecting to Honduras No Objection Statement Request. The J1 Sponsors’ objection, in a “no objection waiver,” does not look very good, but an affidavit can be created when the teacher is generally terminated and the J1 Visa is canceled.
For purposes of “what happens after the NOS Waiver,” if the Visa is canceled, employment-based options like H1B is not likely. Immigration based on marriage is possible, but if the NOS Waiver is denied (since it is not guaranteed) hardship MUST be present or residence in Honduras for 2+ years must be satisfied.
Third, J1 Teachers likely never meet the final requirement of a Cooperation Agreement with the Honduran Government for the Honduran Government to “not object.”
Again, these are three things that complicate a Honduran J1 Teacher waiver and these requirements make the Honduras NOS Process extremely different from other Countries (like Colombia), which DOES NOT REQUIRE any of the three above-mentioned issues.
A Honduran Teacher may need to consider the J1 Exceptional Hardship Waiver or make arrangements to satisfy the 2-year home residency requirement.
Related Blog posts:
The J1 Exceptional Hardship Waiver – Form I-612: Brief Summary
Honduras: Copy of Birth Folio / Copia de Folio del Libro de Nacimientos
Common J1 Teacher Questions: How to communicate with the J1 Sponsor? and what about the J1 Waiver?
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