Will I receive a favorable waiver recommendation?

K

kanty

Registered Users (C)
I am a graduate student on a J-1 visa and I'm subject to the 2 yr HRR.
I receive funding from the US National Institutes of Health (NIH). My active field of research is Bioinformatics and Life Sciences. Would it be possible to know if the HRR is due to the government funding or due to the fact that my field of research comes under the 'Exchange Visitor Skill List'?

I am eager to know this because when I apply for a no-objection statement, there is a good chance that DOS would require a nod from NIH (funding agency), if the HRR is based on government funding. In general, NIH's current policy is to object such requests.

On the other hand, if the HRR is due to 'Exchange Visitor Skill List', I believe my sponsoring agency (In my case, it is my university) will be primarily responsible for handling the requests. In that case, I think I may receive a favorable waiver recommendation.
 
If your university is your visa sponsor and you just happen to be funded by an NIH grant, then NIH will have no say in the waiver process. Does your DS-2019 mention NIH anywhere? If not, then you should be in the clear. Of course, your home country could refuse your request for a No Objection statement if they think your skills are valuable to them, but that really depends on your country. Many countries do not have any objections.

I was a PhD student in computer science and received a monthly stipend from my department. The funding came from NASA and ARO grants (government funding), but that was irrelevant to my waiver application. What mattered was that my original visa sponsor was IIE because I came to the U.S. as a Fulbright Fellow. I got a favorable recommendation without either NASA or ARO being contacted (to the best of my knowledge).
 
Hi running_swede,
Thank you very much for your prompt and timely response. Your comments were very helpful. I do however have few more questions. I understand from your reply that "students on a research assistantship or grants paid to the university are NOT considered to have received
U.S. government funding." Based on your case, I assume that although you were paid through a grant from NASA, your employee was your gradschool. I mean, you were on your university's payroll and received paychecks from your school. Am I Right?

If that's true, my case is then different from yours. I am conducting my pre-doctoral fellowship at NIH (off-campus) and I'm receiving my monthly paychecks from NIH. That puts my name directly on NIH's payroll system. Do you think that this would automatically make me subject to the HRR?

Although, I don't think my DS-2019 mentions about NIH, but I think it does specify that my financial support comes from US government. I am not sure, since my DS-2019 form is not with me at the moment Im writing this letter. I will look at it and provide detailed information in a short time.

I also learnt that the State Department has the final word on whether you are subject to the two-year home residencey requirement no matter what the visa stamp or DS-2019 notes show. Is that true in all cases?? In your case, how did you find out for sure that you were subject to the HRR. Did you ask for an Advisory Opinion from the Department of State? Did you contact an immigration attorney??

It would be very helpful if you could hint me on the questions above.
 
Hi Kanty,

There are 2 types of sponsors: Immigration and Economic. I assume NIH was your Economic Sponsor since they are paying your stipend. This can be confirmed on your DS-2019.
When you apply for the waiver, the DOS will request a "Sponsor Views". This means that the DOS will contact NIH directly and ask if it is ok to give the waiver. Warning: This process may take weeks or months. So start this ASAP.

Your best shot, will be to apply for the waiver by no objection. You still have to get the No Objection letter from your country embassy. Do not get an Advisory opinion, it will be a waste of time. It is better to pay the fee and see what happens. (it is not a lot of money and if you get it, its worth it).

In the meantime, you should contact NIH and ask or beg them to support your waiver application. I know NIH, bureacracy is huge, but if you can contact the right person who will handle this, and convince to support you, then you will have a great chance to get the waiver.

Good Luck,

Luis
 
I came to the U.S. as a Fulbright Fellow so I knew that the HRR applied to me. It had been pointed out to me very clearly before I signed any papers. It was also printed on my visa stamps in my passport. I did not seek an advisory opinion. Neither did I contact an immigration attorney. The No Objection application is really simple, so there is no need to involve a lawyer.

Who is your program sponsor (item 2 on your DS-2019)? If this is not NIH (on any of your DS-2019s, in case you have more than one), then I would not necessarily assume that DoS will contact NIH. DoS will ask your program sponsor for their views.
 
In addition to personal and departmental funds, item 2 on my previous two DS-2019s indicate that I have received funding from the Department of Health and Human Services.

Also, the people I have spoken to at NIH have given me an impression that the DOS would ask for a comment from NIH only when the candidate is seeking a H-1 from NIH, following the waiver recommendation. Is this true?
 
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