Important to all - Be careful

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NewReadyToHelp

Registered Users (C)
I've seen some posts here claiming/stating that the statement of reason is of no value or little value and may even not be read. That is simply not true and misleading.

In order of importance, here is how a decision is made regarding the waiver under IGA & NoObj:

- IGA is automatically granted in most cases, there was never a case where an IGA was denied. Provided you submit all the necessary paper and write a decent statement as to why you don't want to comply with the 2yr HRR. Your letter will be sent to your sponsor (the one who gave you money especially if a US agency).

- No objection: The letter matters more in this case. and there are two cases:
*Money from home country or a non US entity. In such case the letter of no objection must explain how fulfilling the 2 yr HRR should be waiver, and how you reconcile this with the J1 program goals (You transfer know how, technology, etc.. back to your country). One should always state that he intends to meet the J1 goals, but may be indirectly, via collaboration, or whatever means. Always think of the goals of your J1 program when writing the letter. In most cases, the DOS will grant the waiver, after your country doesn’t have a problem, provided there is no conflict with the J1 program.

* Money from a US agency: This is the trickiest and the one that needs the best Statement of Reason, one that convinces the sponsor (USAID, Fulbright, etc… who will by the way read and base his decision on its content and the opinion of your country (See my note below). A good letter is a must and you must address every thing that the sponsor will consider like (not limited to this):
* You got lots of money and now you don't want to meet your end of the bargain.
* What possibly you'll be doing here that you can't do back home, how?
* Why not do it back home and transfer that know how to there.
* Can you continue to help your country and meet the original J1 goals here, how?


One more note about No Objection from home country and money from a US agency (like USAID and Fulbright). The DOS says that these case are mostly denied (which is partially true), but it also seems that these 2 agency in particular have been agreeing to waivers requests for certain countries only (I know of few cases) a letter in this case can help a lot. So it would help to ask your compatriots before proceeding if you got money from a US agency and make sure you draft a good letter. Getting the No Objection in this case is only half the road.


Good luck all,
 
You might be referring to my post where I wrote:

"Keep in mind that it is unclear how important the contents of the Statement of Reason are; the panel may read it, or not care about it as long as it's part of the application packet."

I never meant to imply that the statement is of "no value or little value", but rather that it carries varied importance depending on the type of case. Hence I say "it is unclear how important the contents are" as opposed to "the contents are clearly not important", which I didn't say.

I have not heard of a "no objection" case that was refused based on the contents of the statement. Also, the US source usually has a set policy on if it will provide a favorable or unfavorable view to the DOS upon a request for views. For example, one agency has a policy that it will only provide favorable views if the applicant has a valid and accepted job offer for a comparable or higher position in the same field of scholarship. These in-house policies have no dependence on the contents of the Statement of Reason. So while one should never "skimp" on writing the contents (I read somewhere that one applicant only wrote one sentence "Based on no objection from the home government"), one should also make sure to abide by the policies of both the foreign embassy and the US sponsor, if one exists.
 
I didn’t mean to demean your post, but simply wanted to warn people not to slack with regard to that statement. The sponsor will base his decision partially or wholly on it. They will evaluate if your reasons outweigh the program goals, hence it matter a great deal.

As far as the famous statement on the net stating, “A waiver was never rejected because of the statement of reason” it is rather anecdotal and should be taken to mean no more than that.
In their denial letter, the DOS is not very detailed as to why they denied a particular case.

I’ve always thought of why would certain Fulbright and USAID cases be granted waivers and some not and came to conclude that it is simply the statement (it is the only window the sponsor has about you and your waiver case). If it is honest, direct, and convincing, the reviewer simply agrees and takes your word supporting your case. Other wise they have no way of knowing what they are supporting and why.




jk0274 said:
You might be referring to my post where I wrote:

"Keep in mind that it is unclear how important the contents of the Statement of Reason are; the panel may read it, or not care about it as long as it's part of the application packet."

I never meant to imply that the statement is of "no value or little value", but rather that it carries varied importance depending on the type of case. Hence I say "it is unclear how important the contents are" as opposed to "the contents are clearly not important", which I didn't say.

I have not heard of a "no objection" case that was refused based on the contents of the statement. Also, the US source usually has a set policy on if it will provide a favorable or unfavorable view to the DOS upon a request for views. For example, one agency has a policy that it will only provide favorable views if the applicant has a valid and accepted job offer for a comparable or higher position in the same field of scholarship. These in-house policies have no dependence on the contents of the Statement of Reason. So while one should never "skimp" on writing the contents (I read somewhere that one applicant only wrote one sentence "Based on no objection from the home government"), one should also make sure to abide by the policies of both the foreign embassy and the US sponsor, if one exists.
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NewReadyToHelp,
In your first post, you stated that "IGA is automatically granted in most cases, there was never a case where an IGA was denied." I certainly wish all IGA waiver requests are automatically approved because I am currently trying to seek a waiver based on IGA. But I am wondering how do you know there was never a case where an IGA waiver request was denied? What I mean is what happens when an IGA requests a waiver but there is a strong objection from Fulbright or USAID or some other agency that provided the funds for the exchange visitor program? Certainly, there must be at least few cases where this has happened.
 
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Good to hear form you Uzun, I saw your post (my IGA question thanks).

Good question, and in a way I have no hard evidence to support such statement (but who would/does?) .

This is quite a long story, but in short...I'm on an O1 now (extended once) and I use to be on a J1 visa sponsored by USAID. I'm in the process of getting a waiver through No Objection.

My J1 program ended in 2003, and way before then I considered getting a waiver via the two available options to me IGA (through my work with NASA) or No Objection from my home country.

Till recently my country never supported 'No Objection ' hence the only option was to consider IGA a while back, which I started (now sort of stalled). As my habit was to read and ask/consult, I read a huge amount of information about J1 and waiver (IGA and No Objection mostly).

Throughout out my reading I learned quite a bit actually, of which is the information I'm sharing on this forum. Lawyer also keep track of cases and precedence and share sometimes, which was my second source. (http://www.immigration.com/faq/jvisa.html#18 Look at question Q16).

I’ve also learned the same thing from other places and while asking questions.

So based on my reading, etc....IGA cases were never denied.

With respect to your comment, every thing is possible and there will always be a precedent for anything. However, the US government is just a big bureaucracy and things get done always the same way. I also do not see why Fulbright/USAID, etc… will go against another US agency, if truly that agency said we need this guy.

In your case, once the IGA sends the letter to DOS you’re very much done, make sure your write a good statement and that is it.

In my case I had the misfortune of an unhelpful and quite bizarre procurement officer (NASA HQ counsel told me to start with them) who wanted to do every thing in detail. He wanted me to provide him with strong evidence from other people that the project will falter and halt unless I stay at the helm. So I’m working on that currently, although I think he’s just trying to make it harder than normal. It has been very slow in my case.


Well good luck and keep us posted...
 
NewReadyToHelp,
Good luck to you too. Actually, my case is also kind of stalled at NASA Langley right now. Apparently, the Center Director was not quite convinced with the justification behind my waiver request and we are currently trying to make a stronger justification. Fortunately, I am the co-investigator for another project sponsored by NASA Glenn and our plan is to go to NASA Glenn if NASA Langley does not forward the waiver request to the headquarters. Just be aware that the Director of whatever NASA Center sponsoring your research has to approve your waiver request first before it can be forwarded to the headquarters. Also, since you already have an O-1, you may be asked the question as to why you cannot renew your O-1 visa for the rest of the project period. Be prepared to give a good answer to this question! Good luck.
 
I thought I would also share this information here: I just remembered that I had met someone about 3 years ago who had told me that he was denied an IGA waiver request. His IGA was the National Science Foundation. Assuming that he told me the truth (I don't see why he would lie about something like this), this may mean that perhaps the DOS has a "preferred" list of IGAs whose waiver requests they like to approve. Let's hope NASA is one of those IGAs!
 
Thanks,

I had to and did address that question already (O1) and told them it is ridiculous that I have to petition every year (after initial three years).

My biggest problems actually is procurement (GSFC) once it gets out from their hands it should be easier, or I hope so, as I know few people who're willing to help. Procurement is the tricky part in my case, I know nobody there and they are mostly accountants and the likes, we have no links to them except getting the grant money.

I plan to enlist help from few people from GSFC (public servants) and ask they send letters on my behalf to this guy and his superior.

As far as your friend goes (NSF IGA waiver), consider me a bit judgmental, but I think he's not saying the truth. I may be way off here, but you should be able to tell if NFS really sponsored his waiver, but I honestly doubt his story.

Either way IGA is the best option for a waiver and you're on your way.

I'll keep you posted, but I'm hoping the NoObj works out, I have put together a good case I think (made it more like an IGA with plenty of evidence and a well crafted statement + how my staying here and my current work can still help my home country).


uzun said:
I thought I would also share this information here: I just remembered that I had met someone about 3 years ago who had told me that he was denied an IGA waiver request. His IGA was the National Science Foundation. Assuming that he told me the truth (I don't see why he would lie about something like this), this may mean that perhaps the DOS has a "preferred" list of IGAs whose waiver requests they like to approve. Let's hope NASA is one of those IGAs!
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I am trying to get a waiver (J-1) through no objection letter. My sponsor is the USDA. The embassy said they will do anything. Would you give me some insights as to what sort of things you put in the Statement?
I have read from your and other quotes that put something related to your program and why your country will benefit if you are in US.
By the way do I have to have a job (now I am a student - research assistant) other than RA at the university before applying for waivers?


Thanks for everything and good luck with your case.



NewReadyToHelp said:
I've seen some posts here
claiming/stating that the statement of reason is of no value or little value and may even not be read. That is simply not true and misleading.

In order of importance, here is how a decision is made regarding the waiver under IGA & NoObj:

- IGA is automatically granted in most cases, there was never a case where an IGA was denied. Provided you submit all the necessary paper and write a decent statement as to why you don't want to comply with the 2yr HRR. Your letter will be sent to your sponsor (the one who gave you money especially if a US agency).

- No objection: The letter matters more in this case. and there are two cases:
*Money from home country or a non US entity. In such case the letter of no objection must explain how fulfilling the 2 yr HRR should be waiver, and how you reconcile this with the J1 program goals (You transfer know how, technology, etc.. back to your country). One should always state that he intends to meet the J1 goals, but may be indirectly, via collaboration, or whatever means. Always think of the goals of your J1 program when writing the letter. In most cases, the DOS will grant the waiver, after your country doesn’t have a problem, provided there is no conflict with the J1 program.

* Money from a US agency: This is the trickiest and the one that needs the best Statement of Reason, one that convinces the sponsor (USAID, Fulbright, etc… who will by the way read and base his decision on its content and the opinion of your country (See my note below). A good letter is a must and you must address every thing that the sponsor will consider like (not limited to this):
* You got lots of money and now you don't want to meet your end of the bargain.
* What possibly you'll be doing here that you can't do back home, how?
* Why not do it back home and transfer that know how to there.
* Can you continue to help your country and meet the original J1 goals here, how?


One more note about No Objection from home country and money from a US agency (like USAID and Fulbright). The DOS says that these case are mostly denied (which is partially true), but it also seems that these 2 agency in particular have been agreeing to waivers requests for certain countries only (I know of few cases) a letter in this case can help a lot. So it would help to ask your compatriots before proceeding if you got money from a US agency and make sure you draft a good letter. Getting the No Objection in this case is only half the road.


Good luck all,
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