NIH policy on "No Objection-Status" waivers has been clarified in the wake of some cases that tested the current system. It is through NOS waivers that NIH agrees to raise no objection to releasing J-1 visa holders from their obligation to return to their home country. NIH automatically seeks "Interested Government Agency" waivers for J-1 holders at NIH who are offered staff scientist, Tenure Track, or tenured positions at NIH. J-1 holders who are not offered jobs here are expected to return to their home country and NIH is obliged to object to requests for waivers. NIH makes an exception, however, and does not object to waivers for scientists who accept a bona fide job offer from a scientific employer outside of NIH. These scientists cannot be re-employed at NIH for at least two years after they have left. Positions at NIH--even though they may be supported through NIH contractors or CRADA partners--do not constitute "outside employment" for scientists who have received NOS waivers.

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Suggestions | 14 Jan 2003