J1 HRR waiver with partial funding from NSF

[parulg 0]

Hello All, I needed help in determining whether I would need HRR waiver and what is the feasibility of the same.

Here are some details:

• I am on a J1 visa as a research scholar.
• My visa says "Bearer is not subject to section 212(e). Two year rule does not apply
• The DS2019 does NOT have any box checked neither "subject to 2 year residence requirement" nor any boxes checked on "subject to 2 year requirement"
• Financial support section says " Current program sponsor funds
   

I have 2 question on which I would much appreciate your help:

1. My project has funding from National Science Foundation (NSF), local city government and private companies. As NSF is a US government agency I was wondering whether HRR in fact does apply regardless of what Visa and DS2019 say (Visa says does not apply, DS2019 says nothing)? I am NOT the Principal Investigator (PI) just a post doc.
2. And if it does apply then is it possible to get a waiver based on NOC from my home country despite partial funding to the project being from US govt agency?
    

Thanks a lot

[Veronikac 15]

Hi parulg,

 

What is your sponsor on the DS2019 and what is the program number? You should also check weather your home country have a skills list because you can be subjected to HRR not only because of government funding but also based on skills list. The visa is not direct indicator of the HRR - sometimes it is marked in error ( I saw a lot of cases like that in multiple online discussions).

 

To be 100% sure that you are or you are not subjected, you should apply for an advisory opinion trough DOS.

 

Regarding your two questions:

 

1. I am not sure regarding this. Some sources are saying that even partial government funding will subject you to the HRR. However, other sources are saying that if your lab (your PI) is the one getting the government fund and not you directedly, you should not be a subject. I think that the only way to know for sure will be the advisory opinion.

 

2. It is possible to obtain a non objection waiver when you had government funding. I was on J1 founded by the US government (specifically NIH) and I was able to receive the non objection waiver. You will request the no objection letter from your embassy and apply trough DOS for your waiver. Then DOS will request sponsor views from the government agency and if the government agency agrees with you getting the waiver, they will issue a favorable recommendation to DOS. I am not sure how complicated will be to receive the favorable recommendation in your case (not sure if NSF will be willing to give the recommendation). In my case NIH has very clear policy regarding waiver and if you fulfill all their requirements, they will have no problem to issue the favorable recommendation but again I am not sure if it will be as smooth with your agency. I know that for example government funding coming from Fulbright is very hard to overcome and it is nearly impossible to obtain the waiver when you were funded by Fulbright scholarship - this mean that the success of the waiver depend on the individual US government agency which provided you with the funding.

 

 

 

[parulg 0]

Hi Veronikac, Thanks a lot for your very helpful response. My sponsor is the university itself (Just states the name of the university). Does that help provide any additional guidance based on what you have seen or heard?

 

If anyone on the forum has experience with NSF and their policy would appreciate guidance. I looked on their website and they have information on how to proceed if they are be be the IGA but nothing on No Objection Statement path.

 

Thanks!

Edited May 21, 2021 by parulg

[Veronikac 15]

1 hour ago, parulg said:

Hi Veronikac, Thanks a lot for your very helpful response. My sponsor is the university itself (Just states the name of the university). Does that help provide any additional guidance based on what you have seen or heard?

 

If anyone on the forum has experience with NSF and their policy would appreciate guidance. I looked on their website and they have information on how to proceed if they are be be the IGA but nothing on No Objection Statement path.

 

Thanks!

I personally think that it depends if your university is disclosing the source of the government funding to DOS during the J1 visa application. If they are just saying that you are paid my the university, then you will not be subjected to the HRR, if they are disclosing the specific funding, you will probably be subjected to the HRR because of your partial NSF funding. Look at this old discussion where one person is explaining this theory and was also funded by the NSF https://forums.immigration.com/threads/212-e-in-j-1-visa.170847/

I will really recommend to apply for the advisory opinion to be sure.

[parulg 0]

Hi Veronikac, thanks a lot for the helpful responses and sending the link!

[Coco8 1,042]

Your J1 says that you do not have the residency requirement. Thus, you don't need a waiver.

 

The fact that your postdoc is paid through a NSF grant is irrelevant. The NSF grant is given to the university and they are paying you. It doesn't not matter where the budget comes from. Also, NSF does not have residency requirements, like others sources of funding. Non-citizens can win dissertation grants, for instance, and it has no effect on their immigration. Students are often paid through NSF grants, like for hourly research or stipend, and it has no effect on their immigration either.

 

 

Edited May 22, 2021 by Coco8