Successful J1 waiver (NOS, Philippines)

Hi mokoo,

All your supporting documents from the US (including the bar code from USCIS) need to be authenticated, they will notarize it for you already so no need to worry about that. It’ll cost you $25 per document (at least that was the amount in LA). You’ll need to go to the consulate/embassy for this. Philippine documents need to be original.

Look for the EVP guidelines online, they will tell you which documents need to be submitted. If I remember correctly, all I needed to submit were the filled up NOS application form, authenticated USCIS bar code (not the actual USCIS application form), supporting documents, and the receipt of the payment. All documents (except receipt) were in triplicate copies. Only 1 copy of each document needs to be authenticated. Pay using Philippine peso the equivalent dollar amount for that day, by the way. No need to mail a 2nd packet if you’ve submitted everything already.

Good luck!

Got it! Thank you!
I got confused on what to do with the Third Party Barcode. LoL It's a little overwhelming but I'm learning. Everything is much clearer now. Appreciate it!

Okay! so I really have a lot of things to do.. patience. I will start tomorrow. Gather pertinent documents for support documentation. Then prepare an affidavit then have it notarized. Then, I'll get back when I am gearing to the authentication process.

I will keep you in the loop. Please be patient with me. Thank you.
 
Got it! Thank you!
I got confused on what to do with the Third Party Barcode. LoL It's a little overwhelming but I'm learning. Everything is much clearer now. Appreciate it!

Okay! so I really have a lot of things to do.. patience. I will start tomorrow. Gather pertinent documents for support documentation. Then prepare an affidavit then have it notarized. Then, I'll get back when I am gearing to the authentication process.

I will keep you in the loop. Please be patient with me. Thank you.

Happy to help! That’s actually my reason for updating this thread.
 
Hi! My partner recently received sponsorship for a teaching post in NM. He is planning to bring me along but we were thinking if it's possible for me to apply for a J2 visa at the same time. Kindly give us an advice if it's possible to apply at the same time or should he apply first wait... Should there be consent from the sponsor? Thank you.
 
Hi! My partner recently received sponsorship for a teaching post in NM. He is planning to bring me along but we were thinking if it's possible for me to apply for a J2 visa at the same time. Kindly give us an advice if it's possible to apply at the same time or should he apply first wait... Should there be consent from the sponsor? Thank you.


Hi@halfsushi! Sure, you can apply at the same time with your partner as long as he will put you as his dependent on the DS-2019 form that he will fill-up.
 
Hi@halfsushi! Sure, you can apply at the same time with your partner as long as he will put you as his dependent on the DS-2019 form that he will fill-up.
@LK20 | I highly appreciate your prompt response. Moreover, will mentioning a name as dependent be FYI only or will it establish eligibility for a J2 visa and will be included in the interview. I have lots of questions to ask specially on the legitimacy of the sponsorship for a teacher in NM. It seems that they have a different process in the application. Thank you so much in accommodating my queries.
 
No, it is not true. You can start the process any time from joining the program or immediately after the extension.
@mmed | Hi! A newbie here. Just to clarify, does this NOS waiver mean that a J1 visa can be extended for a certain period of time under the same program/sponsor? Is there a possibility to apply for a different visa? BTW the program is a teaching position in NM.
 
I am a DIY person so I did not hire a lawyer and just followed the CFO's instructions. Your J-1 US entry visa must bear the info if you are subject to INA Section 212(e) which is the 2-yr home residency requirement. If not, then I think that the advisory opinion should be pretty much the real case scenario. Remember also that your J-1 can be extended for a total of 5 years, but once you applied for a waiver, you cannot extend or transfer it regardless of the result.

As stated in my previous reply to you, I did get a clearance from my previous employer. One could hardly be an exchange visitor without being employed in a school or a company, right? But whatever is the case, getting a clearance from your previous employer would strengthen your case and comply with the requirements, regardless of the company being relevant or not.

One note of advice though: If your DS-2019 carries G-2-0263 or P-3-4510, you might be in a very difficult situation to get an NOS or a waiver. I know some people who were not given an NOS for that. Just a reality check. Good luck!

Galantry

Hi @galantry,

I admire your advice(s) and it looks like you have so much experience in dealing with immigration workarounds. Obviously, I have little to no idea what I am doing in this forum since I'm not the one (who would be) applying for a visa. My partner is a teacher in a public school in QC and was persuaded to apply for a certain "sourcing" agency who specializes in hiring teachers for NM. He witnessed almost 9 of his co-teachers leave for NM (as posted in FB) so he has high hopes in the offer. However, while I was Googling for the J1 application process, it seems that this certain agency (can mention the name if needed) has a different process. Is there a different process in applying for a J1 visa for teachers? I have tons of questions but don't want to shoot 'em all in one email. Please advise. TIA
 
@LK20 | I highly appreciate your prompt response. Moreover, will mentioning a name as dependent be FYI only or will it establish eligibility for a J2 visa and will be included in the interview. I have lots of questions to ask specially on the legitimacy of the sponsorship for a teacher in NM. It seems that they have a different process in the application. Thank you so much in accommodating my queries.

Hi @halfsushi: Of course you have to prove or provide an evidence of your relationship such as the marriage certificate so they can list you as his dependent on the DS-2019 form.
for legitimacy of the sponsorship for a teacher in NM: sorry, I can't comment on that since I am on different program and I don't know if teachers go through different process.
 
Got it! Thank you!
I got confused on what to do with the Third Party Barcode. LoL It's a little overwhelming but I'm learning. Everything is much clearer now. Appreciate it!

Okay! so I really have a lot of things to do.. patience. I will start tomorrow. Gather pertinent documents for support documentation. Then prepare an affidavit then have it notarized. Then, I'll get back when I am gearing to the authentication process.

I will keep you in the loop. Please be patient with me. Thank you.
Hello to everyone!

I just wanted to share my experience with my NOS application from the EVP. I used this forum previously to try and help me out with my NOS application but some things that happened in 2005 are no longer applicable for 2018.

October 2017 - sent waiver application to USCIS and CFO.
January 2018 - NOS application denied and given 30 days to appeal.
February 2018 - sent appeal letter and necessary documents to CFO.
March 2018 - NOS application approved by CFO.
April 2018 - NOS approval given and sent to Philippine Embassy in Washington, DC. PI Embassy sent NOS to US Department of State. Online case status updated to favorable recommendation by DOS and decision sent to USCIS.

I'm currently waiting for the letter from the US DoS regarding the recommendation, and for the notice of receipt from USCIS (all thru snail mail).

A few things to note! The EVP/CFO will only approve NOS applications if one of the following applies to you:
a. You are not in the skills list.
b. You married a US citizen.
c. You are a parent of a US citizen.
d. You are a religious worker in a recognized religious denomination.
e. You have an ailing family member who is a US citizen and separation will cause severe threat to the life of the latter.

I tried going through the "making the country proud though my achievements" route but it didn't work. I eventually had to send the necessary papers documenting why I fall into one of their guidelines.

Also, AUTHENTICATE ALL YOUR US DOCUMENTS. The Philippine Embassy/Consulates will not authenticate passports or federal documents, but if you get them authenticated through the Department of State first then have them authenticate the authenticated documents at the embassy/consulate... you'll be in good hands. Confusing process, which is why I wanted to share it here.

I'll give further updates in the future for a timeline on the processing time for NOS J1 waivers.

Cheers!


Hi NOS_applicant_PI or someone that can help:

On the EVP website, it says "The requirements must be submitted in three (3) separate copies".
Question: Do ALL 3 sets/copies of the packet need to be authenticated? I recently asked a lawyer who have worked with someone about NOS application and he said that only 1 set needs to be authenticated (for the applicable documents) and then make 2 copies of the authenticated set. Is this accurate? Thank you for your response.
 
Hi NOS_applicant_PI or someone that can help:

On the EVP website, it says "The requirements must be submitted in three (3) separate copies".
Question: Do ALL 3 sets/copies of the packet need to be authenticated? I recently asked a lawyer who have worked with someone about NOS application and he said that only 1 set needs to be authenticated (for the applicable documents) and then make 2 copies of the authenticated set. Is this accurate? Thank you for your response.

UPDATE: I think I must have overlooked this information on EVP's website - but they have clarified about submitting the requirements in three (3) separate copies as follows:

"All foreign-issued documents submitted in support of a NOS application must be authenticated by the Philippine Embassy or Consulate that has jurisdiction over the place where the issuing authority is located.The requirements must be submitted in three (3) separate copies. Only one set is required to be original/authenticated. The second and third sets are photocopies of the first set."

Apologies for the confusion, everyone - it was an oversight on my part.
 
Hello! My husband (Filipino) and I (US Citizen) recently submitted everything to CFO. He is in the same situation as you Choipogz and we were told that we had to meet the 2/3 rule. This is heartbreaking for us! I am looking for options to change his category and not sure what we CAN do. Praying for us.
Hi, Team Mallari. How does it go? do you guys were able to process the NOS ? OMG it gives me headache too, knowing they are strict with that 2/3 rules.
 
Thank you, NOS_applicant_PI. Yes, I am aware that they will not automatically approve my NOS but I am hoping they will let me do the alternative arrangement instead.
Hi. Were you able to do the alternative arrangement? Thank you!
 
NOS application update & timeline:

January 15, 2019: Sent NOS application packet to US Dept of State
January 15, 2019: Sent NOS packet to EVP Secretariat/Commission on Filipino Overseas
January 31, 2019: Received NOS waiver notice of approval (via email) from EVP Secretariat/Commission on Filipino Overseas
February 11, 2019: US Dept of State updated status of packet/application items as "Received"
February 20, 2019: US Dept of State updated status of No Objection Statement document (from Philippine Consulate) as "Received"
March 15, 2019: US Dept of State updated status as Favorable Recommendation and sent waiver recommendation to USCIS for approval
March 20, 2019: USCIS received NOS recommendation from US Department of State
March 28, 2019: Received Approval Notice to waive foreign residence requirements
 
NOS application update & timeline:

January 15, 2019: Sent NOS application packet to US Dept of State
January 15, 2019: Sent NOS packet to EVP Secretariat/Commission on Filipino Overseas
January 31, 2019: Received NOS waiver notice of approval (via email) from EVP Secretariat/Commission on Filipino Overseas
February 11, 2019: US Dept of State updated status of packet/application items as "Received"
February 20, 2019: US Dept of State updated status of No Objection Statement document (from Philippine Consulate) as "Received"
March 15, 2019: US Dept of State updated status as Favorable Recommendation and sent waiver recommendation to USCIS for approval
March 20, 2019: USCIS received NOS recommendation from US Department of State
March 28, 2019: Received Approval Notice to waive foreign residence requirements

Hi! If the CFO granted NOS, so it is very likely that the US DOS and then the USCIS will approve it? I have read forums that they might deny it. Can I ask what reason you gave to CFO for them to grant the NOS?
 
NOS application update & timeline:

January 15, 2019: Sent NOS application packet to US Dept of State
January 15, 2019: Sent NOS packet to EVP Secretariat/Commission on Filipino Overseas
January 31, 2019: Received NOS waiver notice of approval (via email) from EVP Secretariat/Commission on Filipino Overseas
February 11, 2019: US Dept of State updated status of packet/application items as "Received"
February 20, 2019: US Dept of State updated status of No Objection Statement document (from Philippine Consulate) as "Received"
March 15, 2019: US Dept of State updated status as Favorable Recommendation and sent waiver recommendation to USCIS for approval
March 20, 2019: USCIS received NOS recommendation from US Department of State
March 28, 2019: Received Approval Notice to waive foreign residence requirements

Also, may I know what job you got on a J1 visa? Thank you very much.
I am a teacher and I guess the only way they can grant us with NOS is for us to have a child in here.
 
I consulted some lawyers on how to waive my 2 years residency, I wasn't able to finish my program or even meet the 2/3 rule. Me and my husband are so hopeless and don't know what to do, only thing that we know is through Hardship Waiver. And then God sent an angel. We consulted to this lawyer and told us that establishing hardship is difficult especially we don't have kids.He tried to convince us to try NOS and I will be the one to do the process. So we did,eventhough we have only 10 % chance that they will approve the NOS, just to save money. In case NOS will not work. I am in a skilled list but not funded by the government .So here it goes...
NOS application update & Timeline
April 9, 2019: Sent packet to USCIS
April-May 2019: Gather all the documents, have them notarized and authenticated for CFO Requirements ( It's a lot of work especially if you have documents from different states and time consuming)
June-July 2019: I sent all documents to Philippines via USPS( It takes 6 weeks before they received the package, so not advisable to use USPS ,cos it will slow the process even though it is cheaper)
July 4, 2019: CFO Received the packet
July 11, 2019: Received NOS approval via email( I was crying all day, while I'm reading the email, atlas! I really can't believe it, no days and night I prayed for it)
July 17, 2019: Received Printed copy of NOS approval together with my original documents via mail box
July 20, 2019: Received a call from Philippine Embassy Washington , just to confirm information and they forwarded the approved NOS to DOS
July 25, 2019:DOS Received NOS
August 5,2019: DOS sent Favorable Recommendation to USCIS .............and we are still waiting and praying that everything will be fine and to be approved
- Thank you for this Group Forum, it really help us a lot on how to do the process and I made this as my preference.
 
I consulted some lawyers on how to waive my 2 years residency, I wasn't able to finish my program or even meet the 2/3 rule. Me and my husband are so hopeless and don't know what to do, only thing that we know is through Hardship Waiver. And then God sent an angel. We consulted to this lawyer and told us that establishing hardship is difficult especially we don't have kids.He tried to convince us to try NOS and I will be the one to do the process. So we did,eventhough we have only 10 % chance that they will approve the NOS, just to save money. In case NOS will not work. I am in a skilled list but not funded by the government .So here it goes...
NOS application update & Timeline
April 9, 2019: Sent packet to USCIS
April-May 2019: Gather all the documents, have them notarized and authenticated for CFO Requirements ( It's a lot of work especially if you have documents from different states and time consuming)
June-July 2019: I sent all documents to Philippines via USPS( It takes 6 weeks before they received the package, so not advisable to use USPS ,cos it will slow the process even though it is cheaper)
July 4, 2019: CFO Received the packet
July 11, 2019: Received NOS approval via email( I was crying all day, while I'm reading the email, atlas! I really can't believe it, no days and night I prayed for it)
July 17, 2019: Received Printed copy of NOS approval together with my original documents via mail box
July 20, 2019: Received a call from Philippine Embassy Washington , just to confirm information and they forwarded the approved NOS to DOS
July 25, 2019:DOS Received NOS
August 5,2019: DOS sent Favorable Recommendation to USCIS .............and we are still waiting and praying that everything will be fine and to be approved
- Thank you for this Group Forum, it really help us a lot on how to do the process and I made this as my preference.

Hello! Congratulations! Right now my NOS is pending. The CFO requested for additional documents. May I ask what was the reasons that you gave the EVP? Also what is your job in here in the US? Thanks.
 
Hello! Congratulations! Right now my NOS is pending. The CFO requested for additional documents. May I ask what was the reasons that you gave the EVP? Also what is your job in here in the US? Thanks.
J1 Teacher . The reason is I am married to a US Citizen and were expecting to have a baby.
 
Hello! Congratulations! Right now my NOS is pending. The CFO requested for additional documents. May I ask what was the reasons that you gave the EVP? Also what is your job in here in the US? Thanks.

Hi!

I wonder what reasons or documents you submitted to CFO, and why they want additional evidence. Thank you!
 
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