Certain J1 visa holders are subject to a two year home residency requirement. The US Department of State may in some cases waive this requirement.
The US authorities are unable to consider waiver applications unless an applicant's Government is prepared to furnish the US Secretary of State with a statement in writing that they have no objection to the granting of a waiver of the two year home residence requirement specified in Section 212(e) of the United States Immigration and Nationality Act (as amended).
The "No objection" statement requested by the exchange visitor will state that the visitor's government has no objection to the applicant a) not returning to the home country to satisfy the two-year foreign residence requirement and b) remaining in the US if he/she chooses
If you are an Irish citizen applying to the US State Department for a waiver of the two year home residency requirement you should provide the Embassy of Ireland in Washington DC with the following:
1. Applicant's case file number and Third Party Barcode Page, which is applied for and issued through the US Departmemt of State
2. A copy of the applicant's Irish passport, including pages with all previous visas
3. A copy of your certificate of Eligibility for Exchange Visitor Status (Form DS2019 / IAP-66)
4. Personal statement to the Embassy requesting the "No Objection" statement / outlining reasons for staying in the United States
The above should be sent, marked "Statement of No Objection", to:
Embassy of Ireland
2234 Massachusetts Ave NW
Washington DC 20008
The Embassy will contact the applicant to confirm receipt of the application and to request any further documentation necessary.
The Embassy will then submit a Statement of No Objection along with the applicant's supporting paperwork to the US Department of State.
Please note that it is at the discretion of the Department of State and the United States Customs and Immigration Service (USCIS) to grant a waiver on the two year home reisdency requirement. If an applicant received funding for their J1 visa, the funding providers are likely be contacted for their opinion on the waiver.
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