Public Law 91-225 provided in part that the Attorney General of the United States may, upon the favorable recommendation of the Secretary of State, waive the two-year foreign residence requirement for certain exchange visitors if the foreign country of the alien's nationality or last residence has furnished the Secretary of State a statement in writing that it has no objection to such a waiver in the case of the alien.

Basic Procedures

1. Regardless of what department or agency of the foreign government may be responsible for preparing the statement, it should be transmitted through official channels, i.e.(from the country's foreign office to the VOWRD) through the United States Mission in the country of the exchange visitor's nationality or last residence or through the country's Chief-of-Mission in Washington, D.C. or his designee, normally in the form of a diplomatic note. This procedure is necessary to verify the authenticity of such a statement.
2. The statement should contain the following information to enable the VOWRD to process the case expeditiously.
   • Full name of exchange visitor and place and date of birth. Also, date of entry into the United States.
   • Present address of the exchange visitor if he or she is still in the United States. If he or she has left the United States, the last address prior to departure from the United States should be given. (This information is needed to enable the VOWRD to notify the appropriate District Director of the Immigration and Naturalization Service of its recommendations in the case.)
   • List of Exchange Visitor Program or Programs in which the exchange visitor participated, including the number of each Program, if known. (This information will be useful in determining whether the visitor was "governmentally financed" within the meaning of Public Law 91-255.)
   • The exchange visitor's alien registration number (if any). This information will enable the Immigration and Naturalization Service to identify the applicant's file (if one exists) without delay and will expedite the processing of his or her application.
   • The name of the Foreign Government Official with whom the case can be discussed, if necessary.

Some problems have been encountered in processing statements submitted by foreign governments (two of which are summarized below together with suggestions for eliminating them).

1. In a number of cases, the statement had been furnished directly to the exchange visitor. Such statements have also been transmitted through sundry channels, e.g. attorneys, university professors, and the individuals concerned. Some statements have been addressed "To Whom It May Concern". One statement was found to be forged. In order to prevent possible misuse of this provision of Public Law 91-225, the statements should be sent directly to U.S. Department of State, Waiver Review Division, Bureau of Consular Affairs, Visa Office, SA-1, Room L603, 2401 E. Street, N.W., Washington D.C. 20522-0106.
2. The Diplomatic Missions of several countries have indicated that their Consulates or Consulate Generals have the necessary authority to issue such statements on behalf of the governments concerned. The determination by a government of the official or agency to be authorized to make such statements on its behalf is entirely with the prerogative of the government concerned. However, the statement once made should be transmitted to the VOWRD either through the United States Diplomatic Mission in the country or through the country's Mission in Washington, D.C. This procedure would be applicable even though the former exchange visitor is residing in a country other than the United State or his or her country of nationality or last residence. When a "No Objection" statement is to be transmitted by the country's Mission in Washington, D.C., it should be under cover of a note from an official whose signature, initials, and other credentials have been duly filed with the Office of the Chief of Protocol of the Department of State. This procedure is designed to enable VOWRD to verity the authenticity of the statement and process the case expeditiously.
3. Some exchange visitors have incorrectly assumed that a "No Objection" statement from their government assures that a waiver will be granted.