Hello,

I'm in the process of awaiting the State Dept's recommendation to waive my 2 yr home residency on my J-1 due to marriage to USC (based on No Objection Letter).
I've heard and read that if my J-1 isn't government sponsored, I won't need to apply for the waiver. Is there any truth to this? I was on a J-1 which was sponsored by a private business entity that didn't indicate at all of any government sponsorship. I'm still unsure why I'm subjected to the 2 yr residency though.
I hope this issue of not needing a waiver if it isn't government sponsored is just a misunderstanding, or else I would have wasted not only time but money. Thank you for your responses.

You may be subject to the 2 year residency requirement if you are a national of a country that appears on the State Dept.'s skills list. Generally, if your country is on the list, you will be subject to the 2 year residency requirement. If you were subject, it should have been noted on the visa in your passport, usually "Subject to 212(e)". The full list of countries subject to the 2 year residency requirement is available on the State Department website, www.travel.state.gov.

actually the 'No Objection' letter, when the program you did was not government funded, is from your own country. They have to agree that your services are not needed in your country (your experience during the J1).
Many countries have what is called a "skills list" and what categories are on that list depend on many factors. Often less developed countries have more activities on that list than say, a country like France.
There are also programs funded by either your govt or mine that would necesitate the 2 yr rule. There a couple of USG programs, like the Fulbright, funded by the USG where one cannot receive a waiver...period.
It doesn't sound like the Fulbright was the program you participated in. Were you doing a medical residency or some kind of specialized scientific endeavor?

To Guest and Someone,

Thank you for your replies. My passport was never stamped with a J-1, as I was here in the US as I switched from my OPT into a J-1. I did get a letter of action though saying I converted into the J-1 visa. I wasn't doing any majorly important program, just as a counselor at a camp. From looking at the skills list, I am subjected to the 2 yr residency though, despite the fact (or at least it isn't shown anywhere on the J-1 or IAP 66) that it wasn't government sponsored by either government.

Granted even though I've already applied and await the waiver decision, I was just curious as to the validity whether a waiver is needed. Again, I was sponsored by a private business (at least on paper). My guess as to why I am subjected to the 2 yr residency that wasn't funded by any government is a mystery... whomever did my paperwork decided to lump me in on a j-1 for the sake of thier efficiency?

If your country is on the skills list, it doesn't matter whether the J-1 position was government funded or sponsored; what State Department looks at is what country you are from.

I would encourage you to look at the skills list, and see if you are a citizen of (or were a resident of) a country listed on it. If you are subject to the 2 year requirement because of the skills list, whether you will get a waiver depends very much on the country. Some countries are fairly generous in granting waivers, others rarely do.

BTW, what country are you a citizen of?