An Advisory Opinion is a process where the Department of State reviews your exchange visitor program documents to make a determination of whether or not you are subject to the two-year home residency requirement. The U.S. Department of State administers the J-1 visa program and designates and approves exchange programs permitted to serve as sponsors. 8. O-1A and O-1B (Arts) The petitioner must provide a consultation in the form of an advisory opinion from a U.S. "peer group" in the area of the beneficiary's ability (which may include a labor organization) or a person or persons with expertise in the area of the beneficiary's ability. The information presented in this article and anywhere else on this site should not be construed to be formal legal advice. You must first submit a form I-612 to the USCIS. They will then specify factual conclusions in the opinion letter concerning . The request for an advisory opinion should be made by letter and must provide legible copies of all of the exchange visitor's DSP/IAP-66 forms for the entire time you were in J status. This includes current and former exchange visitors. If you, the J1 exchange visitor, can demonstrate that your departure from the US would cause exceptional hardship to your United States citizen or Lawful Permanent Resident spouse or child, then you may apply for a J1 visa waiver of your 2-year home residency requirement. Before reading this document on waivers be sure you have read and understand the concepts and background information on the Two-Year Home Country Physical Presence Requirement. Hello, My fiance and I are getting married (Im a US Citizen), however, she has her J-1 visa /DS-2019 stamped with the Two year rule for being on the skills list for El Salvador. However, the J1 exchange visitor will still be subject to the initial 2-year home residency requirement. How Long Does It Take to Get a J1 Visa Waiver? We will send our decision back to you in the self-addressed, stamped envelope you provide. If the advisory opinion from the State Department determines that you are subject to the home presence requirement, you will either have to return to your home country for two years or apply for a waiver if one of the five categories for waivers above applies to you. Such physicians may use any of the other avenues listed below. Advisory Opinion Advisory Opinion Scholars can submit an advisory opinion request to the U.S. Department of State if they feel that the U.S. Embassy has wrongly determined that they are subject to the 2 year home residency requirement or if the applicability of the residency requirement is unclear. The complexity of these rules often leads to confusion about the home presence requirement. However, a J1 exchange visitor who is subject to the 2-year home residency requirement may change their status or apply for a new visa in any other nonimmigrant visa categories other than the H or L class visas. Those seeking a waiver based on persecution are strongly advised to consult an experienced immigration attorney for assistance. A letter of opinion can refer to any letter written that states an opinion; personal or professional. If you receive an advisory opinion that you are subject to the two-year home presence requirement, you will either have to return to your home country for two years before seeking a change in status or a dual-intent visa. Sample FOIL requests, FOIL appeals, and FOIL responses. The foreign government may charge a processing fee for this service and may ask to be reimbursed for any funding it provided for the exchange visitor. Five categories support a recommendation for a waiver: If your home country does not object to a waiver, you can request that your embassy send a no-objection statement to the Waiver Review Division. Each sponsoring agency has a designated person called a responsible officer (RO) who certifies the eligibility of exchange visitors. This is a sample letter for the department to complete for the purpose of traveling and visa renewal. By continuing to browse this website, you agree to our use of cookies. This PDF document will also include a checklist describing how you should organize the pages of your J1 visa waiver application packet, as well as any other documents you must provide to support your application. Changing to another nonimmigrant status other than the H or L class, Returning to another country other than your home country, after the completion of the J1 exchange program, as could be found on the Exchange Visitor Skill List, Advisory Opinion on the US Department of State website. It must be filed by the supporting institution. These waivers are not granted for those claiming economic hardship or inability to advance in their professions. Example barcoded page generated after completing online DS-3035. I am a J-1 research scholar whose DS-2019 states that I fall under the 2YRHRR based on the Skills List for my country (at least, according to the US Counselor in my home country who awarded me the J-1 VISA on my passport and stamped my DS-2019). She is an Au Pair, spent two years here, and didnt come here on any government funding it was all paid for by her host . Print. For O-2 petitions based on continuity of production, provide evidence that significant production has commenced abroad and that the requested O-2 aliens have been sufficiently involved in that production such that their continuing participation is essential to its successful completion. If Attempting to file for this waiver without appropriate legal assistance could result in serious delays or a denial. Once completed online, a 7-digit case number and a bar-coded PDF document of your compiled J1 waiver application will be generated. Future promise of research: phrases such as most promising young scientist, or 'is sure to have a major impact in the future should be avoided. 02/08/2016: Called USCIS and placed a expedited processing request for J-1 waiver. I-94 Number - CBP Online Retrieval; Go Back to Scholars & Employees Apply Visit Give Areas of Interest. (a) Upon receipt of a request for an advisory opinion, the OIG will promptly make an initial determination of whether the submission includes all of the information the OIG will require to process the request. 02/12/2016: USCIS denied request for expedited process (*sigh*) 02/16/2016: USCIS email and text notification that J-1 waiver has been approved. 7 2 8 CFR 212.7(c)(5). Contact our office today if we can assist you in any way Petitioners should submit with each petition a check in the proper amount made payable to "Directors Guild of America." The subject line of the check should identify the petitioner and beneficiary. We are sorry that this post was not useful for you! A participant in the "J" Exchange Visitor Program may be granted a waiver on one or more of the following grounds: The exchange visitor may ask his/her government to send a "no objection" letter to DOS. If your absence would cause extreme hardship to your U.S. citizen or lawful permanent resident spouse or child, you can request an exceptional hardship waiver. J Visa Waiver Online creates a bar-coded document that will facilitate processing by the Waiver Review Division. You must update your information on the J Visa Waiver Online webpage. Durham, NC 27708 A-Z Index immihelp.com is private non-lawyer web site. 5. The DGA charges $250 per petition to provide an advisory opinion. Whether you are subject to the 2-year home country residency requirement would depend on the conditions for which your J1 exchange visa was granted by your program sponsor. If you are subject to the 2-year residence requirement, you would find this on page 1 of the DS-2019. Neither unfamiliarity with the language, customs, or culture of the alien nor the inability to work or pursue a career in the aliens home country is a basis for a hardship waiver. A complete guide to health insurance for J-1 visa holders, Everything J-1 visa holders need to know about taxes, Everything you need to know about the J-1 visa waiver for physicians, J-1 to H-1B: A guide to changing your J-1 visa status. Often it seems that "everyone has a finger in the pie". The J-1 Advisory Opinion determines whether you will have to return to your home country for two years based on a review of the documents you submit to the U.S. State Department. It is limited to the facts set forth therein and is binding on the Department only with respect to the person or entity to whom it is issued and only if the person or entity fully and accurately describes all relevant facts. DATE Re: O-1 Petition on Behalf of APPLICANT Dear Director: It is a pleasure for me to write this letter recognizing APPLICANT'S extraordinary XXXXX ability of the highest caliber in the XXXXXXXXX Industry. Check if you can use your country's credit history in the U.S. to apply for credit cards and start your U.S credit history using Nova Credit. application fee at any point in the future on the US Department of State website, learn how a congressman can help you expedite the processing of your J1 waiver application, Government funded - whether partially or fully by the US government or the visitor's home country, Your biographical information - name, gender, date and place of birth, and citizenship, Your basis for applying for the J1 waiver from one of the five J1 visa waiver eligibility criteria, A statement of reason, explaining why you want to remain in the US, Current address, contact information, and your most recent US address, Information about any attorney or representative assisting you with the J1 visa waiver process, Details about your J1 exchange program such as your SEVIS number, J1 program start and end dates, Details of any J2 dependents if there are any, Copies of all Forms DS-2019 (formerly known as IAP-66) that you have received, Copies of your passport biographical page and those of your J2 dependents if any, Any additional pages you need to fully respond to any questions in the Form DS-3035. The advisory opinion determines whether you will have to return to your home country for two years based on a review of the documents you submit. Copyright 2022 Sojourning Scholar, all rights reserved. Visit insubuy.com or call +1 (866) INSUBUY or +1 (972) 985-4400, Visit insubuy.com or call 1 (866) INSUBUY or +1 (972) 985-4400, A detailed letter requesting an official opinion whether, based on your file, a two-year home country residence requirement applies to you or not, Legible copies of every/all Form DS-2019/IAP-66 ever issued to you, The Supplementary Applicant Information Page. Review theInstructions for How to Apply for a Waiver. If DHS determines that exceptional hardship exists, DHS forwards the request to DOS for concurring recommendation. Louis, MO 63101-1200. The DGA will provide a consultation letter requested by an applicant for any person seeking to enter the United States to perform the duties of a Director, Assistant Director, Unit Production Manager, Associate Director, or Stage Manager. The alien must prove that if he/she returns to the home country, that compliance with 212(e) would subject a United States citizen or permanent resident spouse or child to true and profound hardship rather than to mere inconvenience, change of lifestyle, or a period of separation of the family. This J1 waiver applicant applying on the basis of No Objection will also mail a Third-Party Barcode page to his or her home country's Embassy. No SSN is needed to start your U.S credit history. ?@Zy%< 0 @\ endstream endobj 305 0 obj <. Sample 1 Advisory Opinions. Thanks, Lokesh. For more information on use of immigration attorneys, please review the links in the "Related Topics" section below. Description of j1 advisory opinion sample letter . For inquiries regarding your case or a Waiver of the Two-Year Home Residency Requirement in general that have not been addressed by the website, you may send an inquiry to212ewaiver@state.govfor a response. Columbus, Ohio 43215.3431. DOS forwarded my Favorable Recommedation to INS. J1 visa waiver for interest from a US federal government agency that deems your stay in the US to be in the public interest. Applications are denied because the reasons given for requesting the waiver do not outweigh the program and policy considerations of the J-1 program. The DGA charges $250 per petition to provide an advisory opinion. Otherwise, you may contact Visa Services Public Inquiries Division at (202) 663-1225 or send an email to [emailprotected] Do not contact the Waiver Review Division. Those exchange visitors with case numbers can submit changes to their contact information or check the status of their case file. Showing that life would be more difficult or inconvenient or that the income or standard of living would be lower or that a different ethnic, religious, or cultural group would harass them is not sufficient for a waiver. In limited circumstances, your spouse or child may request an advisory opinion for you. 7. The petitioner (employer or sponsoring organization) must get a written advisory opinion from an appropriate labor organization regarding the beneficiary's qualifications and the nature of work to be performed. Attn: Pre-Approved Plans Coordinator. SAMPLE LEGAL OPINION (This is to be used as a guide only. This law extended the Conrad State 30 Program until September 30, 2015. If you already have a Waiver Review case number, you may: This avenue for obtaining a waiver is NOT available to foreign medical graduates under the sponsorship of ECFMG. You should contact the Secretary of the Board at the following address: Board on the Unauthorized Practice of Law. You are not required to file a request for an advisory opinion by yourself. https://www.immihelp.com/j1-visa-home-residency-requirement-advisory-opinion-request/. The Advisory Opinion would determine if a waiver would be required. 6.1 Therefore, the purpose of the exchange program would not be effective if all J1 nonimmigrants were allowed to remain in the United States after the completion of the J1 exchange program by changing their status. While you can take the steps above to build your credit, you can also use Nova Credit to access financial products after arriving in the U.S. using your international credit history., Nova Credit creates a global Credit Passport that helps people bring their credit history with them when they move to the U.S. Subscribe to our newsletter for the latest tips and information on setting up life in the U.S. We and all of our authors strive to provide you with high-quality content. Exchange Visitor Visa. DOS will review it and then decide whether or not to recommend a waiver. However you may be subject due to government funding or the Skills List. The United States citizen or resident is required neither to live abroad nor to live in the aliens home country. The Advisory Opinion request should include a cover letter explaining why you believe you are not subject to the two year home residency requirement, legible copies of all your DS-2019 or IAP-66 forms, copies of all of your J-1 visa stamps from a U.S. embassy (except for Canadian citizens) an in some cases evidence of the funding you have had If the opinion states that you are not subject to HRR, you should show the copy of that letter in lieu of a waiver approval whenever required, such as when applying for an H1B visa or for when filing for adjustment of status. Attn: Sonja Renz, Legal Department Please note that these letters, and the guidance they provide, are based on the information submitted to the FARA Unit. These documents must be submitted by mail to the State Department's Waiver Review Division. The research should be explained in simple language so a non-scientist can understand the intricacies. You are about to leave travel.state.gov for an external website that is not maintained by the U.S. Department of State. If you need the Adobe Reader, click the icon below: This site is managed by the Bureau of Consular Affairs, U.S. Department of State. People who are authorized to obtain J-1 visas as exchange visitors who fall into specific categories within approved public and private sector programs. Box 979037St. Los Angeles, CA 90046. Although they are not binding and carry no precedential value, they are sometimes . 212(e). A credit score is important for anyone who resides in the U.S., permanent residents and non-residents, alike. The Division will need a completed data sheet, DS-2019/IAP-66 forms of the J-1, divorce decree or death certificate (whichever is applicable), and, for a dependent son or daughter . However, the two-year residence requirement does not apply to all J-1 visa holders. This restriction is called the home country presence requirement or home residency requirement and is defined in US immigration law, specifically in section 212(e) of the Immigration and Nationality Act. Note: The law permits only medical doctors to apply for a waiver on this basis. Advisory opinions are numbered by year of issuance followed by sequence of issuance, e.g. A J1 exchange visitor subject to the 2-year home residency requirement might change or transfer into a program without the 2-year residency requirement. After ten business days, petitioners may inquire as to the status of their consultation letter by sending an e-mail to Sonja Renz at srenz@dga.org. Either you (a J-1 exchange visitor), your attorney, or the responsible/alternate officer for your exchange visitor program may request for this opinion. Sec. To account for this additional time, consider adding a week or two to the expected range. In preparing an O-1 case, our office assists in identifying appropriate references, and we provide a template reference letter, and sample letters if needed. It also provides most Advisory Opinions issued after 2000 and some from before then. Not affiliated with any government agency. Can someone please provide an cover letter example for the advisory opinion request to US DOS for J-1 visa, 2 year rule? 614.387.9327 (telephone) Congress provided specific avenues for waiver in the law at INA 212(e), the same section that contains the requirement. Navigating Visas We and all of our authors strive to provide you with high-quality content. Hence the word "exchange" in J1 exchange visa. hbbd```b``3@$S,dfHp `6\6Dx 4HQl##MG? five qualifying conditions for a J1 waiver based on US immigration law. These locations will depend on the J1 waiver basis you selected during the application process. Waivers are never simple. Even in circumstances where the J1 exchange visitor might renounce his or her citizenship in the home country, the 2-year home residency requirement must still be satisfied. P.O. If after reviewing your case on this system, you have any further questions regarding your case, you should contact the Public Inquiries Division at212ewaiver@state.gov. Complete a Survey to help clarify whether you may be subject to 212 (e) Go Directly to Advisory Opinion To skip the survey and go directly to the Advisory Opinion. If your field of study or research is on the Skills List you are subject even if the consular or immigration officer failed to notice that the Skills List applies. Advisory opinion requests are only accepted by mail. This form should not be printed out and completed by hand. However, not all exchange visitor programs are subject to this 2-year residency requirement. Copyright 1999-2023 immihelp.com. The DGA will not provide advisory opinions for petitions submitted without payment. You may . Cashier check of $28 (as mentioned above in Stage 3a under Fee Structure). You would not have a waiver of your home residency requirement until you receive a notice of approval from USCIS. As we cannot guarantee the accuracy or completeness of the published articles or sources referenced, please use the information at your own discretion. Why is there a 2-Year Home Residency Requirement for J1 Exchange Visas? (b) Within 10 working days of receipt of the request, the OIG will--. The U.S. created the J-1 Exchange Visitor Program in 1961. The DOS Bureau of Consular Affairs has jurisdiction over the determination of whether you are subject to 212(e) and whether a waiver should be recommended. It is not available to anyone else. This communication does not establish and attorney-client relationship with the Law Office of Michael . You can learn how to request an Advisory Opinion on the US Department of State website. If you believe that you will be persecuted for your political beliefs, religion or race upon return to your home country, you can apply for a waiver on that basis. Consular and immigration officers sometimes make mistakes. If you are under ECFMG sponsorship but you are not a physician, or if you are participating in nonclincal programs for foreign medical school faculty, you are not automatically subject because of ECFMG sponsorship. An advisory opinion allows you to check if you are required to stay outside of the U.S. for two years, you can instead return with a dual-intent visa or change your status and remain in the U.S. without having to leave the country. Fax:(919) 681-8492Email Duke Visa Services, "toggle " + jQuery(this).prev().text() + " sub nav", Registrations, Walk-Ins, and Appointments, Travel to Contiguous Territory & Adjacent Islands. BIS has selected certain advisory opinions that may be of general interest to the public. The second grounds for the recommendation of a waiver from the Waiver Review Division occurs when you have worked on a project in which a U.S. government agency has an interest. An advisory opinion is a request for a statement from the State Department's Waiver Review Division as to whether someone in J-1 status is subject to the home residency requirement under Section 212 (e) of the Immigration and Nationality Act. {"email":"Email address invalid","url":"Website address invalid","required":"Required field missing"}. Complete an Online Application for a J-1 waiver recommendation. The Committee responds to judicial inquiries in the form of advisory opinion letters. The DOS web site has details on fee payment. The requirements for reasonable fees and written agreements . In order to remain in the US, the J1 exchange visitor would need to obtain a J1 waiver. The exchange visitor files this request in his/her own behalf. This could be sent to the editor of a magazine, disputing the content of an article (personal), or more formally sent by a professional realtor stating the value of a property (professional). The DGA bases its advisory opinions on actual evidence, not on conclusory statements in a cover letter or other document. Depending on the kind of waiver, the J participants home government or another United States government agency may have some authority to assist with, delay, or recommend against waivers. Attempting to file for this waiver without appropriate legal assistance could result in serious delays or a denial. J1 waiver for reasons of persecution upon returning to your home country, 3. Express mail or delivery services address: Internal Revenue Service. During that time, you are not allowed to change your status to an intracompany transferee or a nonimmigrant temporary worker. 1001 and with knowledge that this request for an advisory opinion is being submitted to the Department of Health & Human Services, I certify that all of the information provided is true and correct, and constitutes a complete description of the facts regarding which an . Your request cannot be processed without this information. It may be economical to know if a 1 year long waiver is needed, or if you need to pay for the DS-3035 Waiver . In short form, this rule is known as the "Two Year Home Rule." To apply for a hardship waiver the exchange visitor may file Form I-612 at the DHS office that has jurisdiction over his/her place of residence. In addition to your completed and signed Form DS-3035, you will also include a $120 non-refundable application fee. Sending by fax is not recommended because DS-2019/IAP-66 forms often become illegible during faxing. Credit history used to stop at the borderuntil now. You can check the status of your submitted J1 waiver application on the J Visa Waiver Status webpage. The lists can be searched by country from the Exchange Visitors Skills List - 2009 page on the State Department's website. 304 0 obj <> endobj 323 0 obj <>/Filter/FlateDecode/ID[<260522BCE50B49D4977654B7D4EF5994>]/Index[304 37]/Info 303 0 R/Length 99/Prev 169907/Root 305 0 R/Size 341/Type/XRef/W[1 3 1]>>stream More Immigration US visas J-1 student visa I am not sure if I am subject to the 2 year rule and I would like to request an advisory opinion; however, I am not certain what all needs to be included in the cover letter. . E endstream endobj startxref 0 %%EOF 340 0 obj <>stream You will need your 7-digit case number to check the status of your application. Room 6-403, Group 7521. On this generated document, you will find the exact locations where you must mail your application packet to. The "no objection" letter usually is not sufficient for waiver issuance if United States government funds were used. An exchange visitor who can prove to DHS and DOS that he/she would be subject to persecution upon returning to the home country can be granted a waiver. How to Apply for a J1 Waiver 4.1 1. The DGA does not have a process for expediting consultation letters; it responds to requests in the order they are received. The J-1 Advisory Opinion determines whether you will have to return to your home country for two years based on a review of the documents you submit to the U.S. State Department. Citizenship and Immigration Services (USCIS) for review. All waiver applicants should realize and remember that waivers are designed primarily to meet the interests of the countries and funding agencies involved, not the interests of the individuals. You must submit this form after you receive it at a U.S. consulate or embassy to apply for a J-1 visa. To request an advisory opinion, mail a letter to request a visa status review. 600 19th Street, NW Advisory Opinion of J-1 2 year home stay waiver. U.S. DEPARTMENT of STATE BUREAU of CONSULAR AFFAIRS, Instructions for How to Apply for a Waiver. Visa Office Latest News Consular and immigration officers sometimes make mistakes. However, the J1 exchange visitor will still be subject to the initial 2-year home residency requirement until he or she can either satisfy the requirement or obtain a J1 waiver. Some examples of exchange visitors who might be eligible for J-1 visas include: Applicants for J-1 visas must meet certain eligibility requirements. Not subject dos j-1 waiver decision Thought I should share my ordeal since there is not much on the web about a similar scenario. This site is a subsidiary site of Travel.State.Gov. J1 visa waiver for demonstrating exceptional hardship to a US citizen or Lawful Permanent Resident spouse or child caused by your departure from the United States. Week or two to the initial 2-year home residency requirement & amp ; Employees Apply Visit Give Areas of.! 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