The following are the documentary requirements in applying for NOS:
1. Copy of the Third Party Bar Code Page indicating the Waiver Review File Number issued by the Waiver Review Division of the United States Department of State. For this purpose, you may wish to obtain information online at https://j1visawaiverrecommendation.state.gov/;
2. NOS application form;
3. Copy of the Certificate of Eligibility for Exchange Visitor participant (DS 2019);
4. Original copy of the Certificate of Completion of the Exchange Visitor Program (EVP) or Certificate of Participation;
5. Original copy of clearance from former employer/company in the Philippines clearing you from any financial accountability and contractual obligation;
6. Proof of spouse's citizenship and certified true copy of marriage contract (if applying on the basis of marriage to a United States citizen or permanent resident);
7. Birth certificate of child (if applying on the basis of having a minor US citizen child); and
8. Medical certificate of ailing family member in the US (if applying on the basis of having an ailing family member in the US).
 
The EVP Committee also requires an applicant for NOS to pay a processing fee of One Hundred Twenty-Five US Dollars ($125.00), exclusive of bank charges, to be deposited to the following account:

Acct. Name    : Commission on Filipinos Overseas
Acct. No.        : 000012-1149-23
Swift Code     : TLBPPHMMAXXX
Bank Name   : Land Bank of the Philippines
Branch            : Intramuros, Manila
The requirements must be submitted in three (3) copies. Each document issued by institutions and agencies in the US must be duly authenticated by the Philippine Embassy or Consulate that has jurisdiction over your place of residence in the US.

Kindly submit your application requirements and copy of the remittance receipt directly to the EVP Committee Secretariat, Commission on Filipinos Overseas at Citigold Center, 1345 Quirino Avenue corner Osmeña Highway, Manila 1007 Philippines.

Waiver requests are being handled by the Waiver Review Branch of the EVP Services, Office of the General Counsel, USIA. Its staff complement consists of a branch chief, four waiver officers, and support personnel. The waiver officers review and process waiver application on behalf of the branch. Waiver decisions are made on a case-by-case basis taking into account program, policy and foreign relations consideration. In all waiver cases, except those based upon fear of persecution, the Waiver Review Branch requests the views of the U.S. Government program sponsor if the particular program has been financed directly or indirectly by the U.S. government. The Exchange Visitor Waiver Review Board acts only in cases where there is disagreement between and among U.S. government agencies as to whether the waiver should be granted or when waiver cases seem unusually significant, sensitive and controversial. The Exchange Visitor Waiver Review Board consists of USIA officers.

The INS normally follows the recommendation of the USIA to grant a waiver on all grounds, although it has the authority to deny the waiver. If the recommendation from the USIA is negative, however, INS is precluded from granting waiver.

There are currently five bases for applying for a waiver of the two-year home-country physical presence requirement, namely:

  1. "No-Objection Statement" (NOS) from the Home Country
  2. Interest of a U.S. Government (USG) Agency
  3. Fear of Persecution
  4. Exceptional Hardship
  5. The Conrad State 20
Another function that figures in discussions and deliberations of the Committee is the grant of waiver on the two-year home-country physical presence requirement under the EVP. There are premises that have to be considered in order to fully understand and appreciate the restrictions imposed by the EVP. They are the following:

1. The two-year home-country physical presence requirement is imposed under the EVP Rules and Regulation. The restriction, therefore, is part of the contract between the participant and the USIA as the EVP implementor;


2. The issuance of the NOS by the EVP Committee in the Philippines is just one of the five (5) bases for the grant of the waiver of said restriction;


3. The waiver of the restriction is one of the requirements imposed by the Immigration and Naturalization Service (INS) for those applying for a change of visa status from a "J" classification to a permanent residence status or a H-lB status in the U.S. In effect, the NOS issued by the EVP Committee does not automatically guarantee a grant of the waiver of said restriction, and vice versa. Although, the recommendation of the EVP Committee will have a bearing on the final decision, as a general rule, the final decision on whether to grant a waiver rests solely on the INS.

nos header

 
 
An Exchange Visitor Program participant may be given a Waiver of the 2-Year Home Residency on the Basis of the No Objection Statement (NOS) issued by the Philippine Government.

The EVP Committee shall process NOS requests from applicants provided that the exchange program was not funded wholly or in part by any agency of the Philippine Government, or any public or private educational or other institution in the Philippines, and that the participant has no outstanding financial or service obligations with any government agency, or any public or private institution in the Philippines.
 
The EVP Committee shall automatically grant NOS to applicants in the following cases provided that they have complied with the basic requirements as mentioned above:
 
  1. The skill/profession of the exchange visitor participant is not in the Skills List of the Philippines;
  2. The applicant is married to a US citizen or legal permanent resident, or has a minor child who is a US citizen residing in the United States;
  3. The applicant is a religious worker (priest, nun, missionary) in a recognized religious denomination; and
  4. The applicant has an ailing family member (direct ascendant, descendant or legal spouse) in the United States and his separation from the latter would cause a severe and direct threat to the life of the said family member.
The following are the documentary requirements in applying for NOS:

  1. Waiver Review File Number issued by the Waiver Review Division of the United States Department of State. For this purpose, you may wish to obtain information online at https://j1visawaiverrecommendation.state.gov/;
  2. NOS application form;
  3. Copy of the Certificate of Eligibility for Exchange Visitor participant (DS 2019/IAP-66);
  4. Original copy of the Certificate of Completion of the Exchange Visitor Program (EVP) or Certificate of Participation;
  5. Original copy of clearance from former employer/company in the Philippines clearing you from any financial accountability and contractual obligation;
  6. Curriculum vitae; 
  7. Proof of spouse’s citizenship and certified true copy of marriage contract (if applying on the basis of marriage to a United States citizen or permanent resident);
  8. Original copy of Certificate of No Marriage (CENOMAR)issued by the Philippine Statistical Authority (formerly known as National Statistics Office), if the applicant is requesting for NOS on the basis of marriage to a US citizen);
  9. Original copy of Decree of Declaration of Absolute Nullity or Annulment of Marriage, or Certificate of Marriage with anotation that the marriage has been nullified, in case the applicant is applying on the basis of marriage to a US citizen but was previously married to a Filipino citizen;
  10. Birth certificate of child (if applying on the basis of having a minor US citizen child); and
  11. Medical certificate of ailing immediate family member in the US (if applying on the basis of having an ailing family member in the US).

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.

An application for NOS may only be acted upon after an applicant has completed at least 2/3 of his/her training program under the EVP to ensure substantial compliance.


The EVP Committee also requires an applicant for NOS to pay a processing fee of One Hundred Twenty-Five US Dollars ($125.00), exclusive of bank charges, to be deposited to the following account:
 

Acct. Name  

:

Commission on Filipinos Overseas

Acct. No.   000012-1149-23 (Philippine Peso account)
Swift Code TLBPPHMMA
Bank Name  Land Bank of the Philippines
Branch   : Intramuros, Manila
 
Kindly submit your application requirements and copy of the remittance receipt directly to the EVP Committee Secretariat, Commission on Filipinos Overseas at Citigold Center, 1345 Quirino Avenue corner Osmeña Highway, Manila 1007 Philippine.
 
Note: All applications are deliberated upon by the members of the EVP Committee based on a set of guidelines. Payment of processing fee and submission of complete documents do not guarantee the approval of the waiver request. 

Commission on Filipinos Overseas
Citigold Center, 1345 Quirino Avenue cor.
Osmeña Highway, Manila 1007
Tel. No.:(+632) 552-4700
Fax No.: (+632) 561-8332
Email: info@cfo.gov.ph
Website: www.cfo.gov.ph

EVP Secretariat
CFO, Project Management Division
Tel. No.: (+632) 552-4700 local 726,728,729, 731
Telefax No.: (+632) 561-8327
Email: pmo@cfo.gov.ph; evpsecretariat@gmail.com
Website: www.evpcommittee.ph

       

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