No Objection Statement (NOS): Philippine J-1 Holder Waiver Breakdown

The No Objection Statement (NOS) Process for Philippine J-1 Holders is a lengthy process and can be confusing to most. A J-1 Exchange Visitor is a special type of visa that may have special conditions placed on the US Visa. The Special Condition is commonly called: (1) the two (2) year home residency requirement, or (2) the 212(e) Restriction from the Special Skills List. The Condition would require the J-1 Visa Holder to “reside” in their home country for “two years.” The Condition can be “waived” and this blog post will focus on the NOS Waiver Process specifically for the Philippines.

The NOS Waiver can be broken as follows:

Submission of the Waiver Packet to the DOS:

  • Phase 1 – Gather required documents for the Department of State (DOS) DS-3035 Process.
  • Phase 2 – Complete and print out the DS-3035, which will create a case number and barcode pages needed for the waiver process.
  • Phase 3 – Follow the DS-3035 Instructions and mail the packet to the DOS.

Philippine Specific Process (AUTHENTICATION):

  • Phase 4 – Authentication/Notarization – A Local US Notary reviews and notarizes a true copy of any US Documents. A Certified Document, such as a birth or marriage certificate, may be required to skip this phase and move to the next phase.
  • Phase 5 – Authentication/Notarization – A State’s Secretary of State Office places an Authentication “APOSTILLE” Certificate on the True Copy or Certified Copy of the US Document.
  • Phase 6 – Authentication/Notarization – (Obsolete) The Philippine Consulate or Philippine Embassy Authenticates or “Red Ribbons” the US Documents. After May 14, 2019, the “Red Ribboning Process” was made obsolete, since the Philippines entered the Apostille Convention. More Info can be found here: http://www.philippineembassy-usa.org/philippines-dc/consular-services-dc/faq-dc/#authentication

Submission of NOS Waiver to the Philippines:

  • Phase 7 – NOS Fee Payment – This is generally done by International Wire Transfer in $125 US Dollars.
  • Phase 8 – Internationally Mail the NOS Packet to Manila Philippines EVP with all supporting documents, the Wire Transfer Receipt, and the DS-3035 Third-Party Barcode Page.

Determination:

  • If the EVP Approves the NOS Waiver, the Philippine Embassy in DC will send written correspondence to the DOS DS-3035 Process.
  • DOS Reviews the DS-3035 after receiving the NOS, and make a Favorable Recommendation for Approval. DOS Mails the DS-3035 Filing to USCIS.
  • USCIS Receives the file from the DOS and provides a receipt for an equivalent I-612 Filing.
  • USCIS Approves the I-612 Filing, effectively meaning an Approval of the NOS Waiver Process has occurred.

Please use the following page by the EVP Committee regarding mandatory documents and filing requirements: http://evpcommittee.ph/11-no-objection-statement-nos-application/20-nos-process

If you have legal questions or wish to retain an Immigration Attorney to assist in this process, please contact Fickey Martinez Law Firm or see our J-1 Visa Waiver Page for price estimates and more information.

 

Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.


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