five qualifying conditions for a J1 waiver based on US immigration law. 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. SA-17, 11th Floor Complete the online J1 Visa Waiver recommendation application (Form DS-3035), 2. You can learn how to request an Advisory Opinion on the US Department of State website. This statement must inform the Waiver Review Division that the home country does not object to the visa-holder receiving a waiver of the home presence requirement or of becoming a lawful U.S. permanent resident. Sample 1 Remove Advertising Related to Advisory Opinions 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. Your attorney or the RO for your exchange visitor program can request an advisory opinion on your behalf. Your use of this site is bound by the terms and conditions set forth by the Directors Guild of America. DISCLAIMER: This blog post is written for general information only and is NOT legal advice. Advisory Opinions and Waivers for Section 212(e) In many cases it may not be clear if you are subject to Section 212(e). 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. You can learn how a congressman can help you expedite the processing of your J1 waiver application in our blog post on 7 Best Ways to Speeding Up the Processing of your Immigration Case. By continuing to browse this website, you agree to our use of cookies. According to the Waiver Review Division, the average processing time for an advisory opinion request is from four to six weeks. The U.S. created the J-1 Exchange Visitor Program in 1961. The examples of advisory opinions listed below focus on what are permissible judicial pro bono "activities" under the particular state's Model Code of Judicial Conduct. Our opinion letters provide helpful information about how we believe particular code standards would apply. Congress provided specific avenues for waiver in the law at INA 212(e), the same section that contains the requirement. While it may seem harsh, the law does not support what you want or need; it supports what your country and the United States want. 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 Note that the hardship must be to a United States citizen or permanent resident spouse or child if the alien returns home. You will need your 7-digit case number to check the status of your application. Attempting to file for this waiver without appropriate legal assistance could result in serious delays or a denial. We will review your documents and determine whether the two-year home-country physical presence requirement applies to you. Those seeking "under-served area" or "Conrad" waivers are strongly advised to consult an experienced immigration attorney for assistance, or be very sure that the employer has knowledge and experience in this area. At educational and health care institutions, the Department of Education (DOEd) and the Department of Health (HHS) and Human Services are the most common agencies to request such waivers. Mail your documents to the following address: Once the State Department receives and reviews your documents, it will send an advisory opinion back in the SASE that you provided. 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. If you are subject to the 2-year residence requirement, you would find this on page 1 of the DS-2019. However, the two-year residence requirement does not apply to all J-1 visa holders. They must be proficient in English and be sponsored by a government program, private organization, or university. In short form, this rule is known as the "Two Year Home Rule." Some exchange visitors (with J-1 visas) are subject to the two-year home-country physical presence requirement. Processing a waiver of 212(e) confers a specific benefit to the requesting individual. Agents should also provide evidence sufficient to establish they are authorized to act on behalf of both the beneficiary and proposed U.S. employers. Only the "under-served area" employer, through appropriate federal or state channels, may file this request. advisory opinion: An opinion by a court as to the legality of proposed legislation or conduct, given in response to a request by the government, legislature, or some other interested party. You are subject if one or more of the following applies to you: Government funded Exchange Program - You participated in a program . Questions/Concerns should be addressed to the local webmaster identified within the site. If you have any doubt as to whether you are or are not subject, you may request an "Advisory Opinion" from the Department of State (DOS) Bureau of Consular Affairs in Washington, D.C. Congress recognized, when it created the 212(e) home residence requirement, that it might sometimes be necessary or desirable to waive that requirement. Form 5306 - Opinion letter requests for prototype or employer-sponsored IRAs should be sent to: Your existing international credit history could help you get credit in the United States. The purpose of an advisory opinion is to provide guidance to an official or employee before the official or employee engages in an action that may be prohibited. Provide supporting documents for your J1 waiver basis 5 How to Check the Status of My J1 Waiver Application? As we cannot guarantee the accuracy or completeness of the published articles or sources referenced, please use the information at your own discretion. You are about to leave travel.state.gov for an external website that is not maintained by the U.S. Department of State. 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. These locations will depend on the J1 waiver basis you selected during the application process. 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. 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. 1008.41 -- OIG acceptance of the request. The Advisory Opinion would determine if a waiver would be required. Qualifications. Both of these agencies have waiver review boards that examine applications based upon a set of established criteria. To secure this type of waiver, the interested government agency must submit a request for a waiver on your behalf. Without a no objection statement, you must satisfy the two-year foreign residence requirement of Section 212(e) of the Immigration and Nationality Act by returning to your home country. BIS has selected certain advisory opinions that may be of general interest to the public. To request expedited processing, you may send an email explaining your circumstances and including any supporting evidence to 212ewaiver@state.gov. Hence the word "exchange" in J1 exchange visa. P.O. If you are marked subject based on the Exchange Visitor Skills List or government funding, there may be additional facts that show the consular or immigration determination to be incorrect. Marrying a US citizen or Legal Permanent Residence spouse does not waive the 2-year residency requirement. If 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. This 2-year home country residency requirement is described in detail on the 2nd page of the Form DS-2019. Some, but not all, persons in J-1 status are subject to 212(e). If you have your case number, you can track the status of your advisory opinion on the internet at the J1 Visa Waiver Online page of the State Department's website. Can someone please provide an cover letter example for the advisory opinion request to US DOS for J-1 visa, 2 year rule? Who may I contact if I have further questions about advisory opinion letters? Instead, it must be completed online. Plan on a long and sometimes difficult process to obtain a waiver. 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. 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. Often it seems that "everyone has a finger in the pie". Some examples of exchange visitors who might be eligible for J-1 visas include: Applicants for J-1 visas must meet certain eligibility requirements. An advisory opinion must be submitted along with the petition for the P visa. The J1 applicant's Embassy will then return this Third-Party Barcode page alongside the No Objection statement to the US Department of State. 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. The Department of Homeland Security (DHS) actually issues all waivers, but it can only do so if DOS has made a favorable recommendation. CASE: J-1 Waiver of the Two-Year Foreign Residency Requirement, Exceptional Hardship NATIONALITY: Iraqi LOCATION: Plymouth, NM Our client came from Iraq as a J-1. This page lists Office of Legal Affairs (OLA) Advisory Opinions (formerly "External Opinions") from 2010 to the present. J1 visa waiver for interest from a US federal government agency that deems your stay in the US to be in the public interest. A J1 exchange visitor subject to the 2-year home residency requirement might change their status into any other non-immigrant status other than the H and L class. {"email":"Email address invalid","url":"Website address invalid","required":"Required field missing"}. Nothing in these letters is intended to create any substantive or procedural rights, privileges, or benefits enforceable in any administrative, civil, or . You can find the updated application fee at any point in the future on the US Department of State website. [Please insert date.] If you wish to remain on travel.state.gov, click the "cancel" message. Reference Letters & Advisory Opinion With knowledge of the penalties for false statements provided by 18 U.S.C. hb``` ,@( DOS will review it and then decide whether or not to recommend a waiver. Each choice is just that a choice. 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. The exchange visitor files this request in his/her own behalf. Some exchange visitors to the United States are required to live outside of the country for at least two years before they can return under a dual-intent visa. During that time, you are not allowed to change your status to an intracompany transferee or a nonimmigrant temporary worker. You must update your information on the J Visa Waiver Online webpage. You cannot fax or email your documents to receive an advisory opinion. 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. This site is a subsidiary site of Travel.State.Gov. We are sorry that this post was not useful for you! We will send our decision back to you in the self-addressed, stamped envelope you provide. In limited circumstances, your spouse or child may request an advisory opinion for you. This type of recommendation requires you to submit Form I-612 to the USCIS before you can request a recommendation of a waiver of your J-1 visa home presence requirement. Once you receive your visa, you can enter the U.S. within 30 days of your program's start date. Thanks, Lokesh. ?@Zy%< 0 @\ endstream endobj 305 0 obj <. The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. Citizenship and Immigration Services (USCIS) for review. 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. If you are working on a project for, or a project that is of interest to a US Federal Government agency, and that agency determines that your contribution and stay in the United States is vital to one of its programs, you may apply for a J1 waiver. Sample #1: Departmental Support Letter (to be submitted on KSU department letterhead) Thursday, October 22, 2015 USCIS Attn: AOS 2501 S. State highway 121 Business Suite 400 Lewisville, TX 75067 RE: First Preference Employment-Based Permanent Residency Petition - Outstanding Professor/Scholar Petitioner: Kennesaw State University Complete the online J1 Visa Waiver recommendation application (Form DS-3035) 4.2 2. ;*a$U;YlLw3+`` 8)N-~hQXLls~:(qyi8M.C`)LG&?x>wcD@JeB 9 yc !,@Ey" This includes current and former exchange visitors. 4. Note: The law permits only medical doctors to apply for a waiver on this basis. You may . Examples of possible errors: Attempting to file for this waiver without appropriate assistance could result in serious delays or a denial. 1. You can reach us by sending a message to visahelp@duke.edu or by calling our office at 681-8472. Privacypolicy, Office of International Students & Scholars, View Recordings and Slides for Recent Presentations, 421 Temple Street, New Haven, CT 06511 USA. Source and Contents of Consultations. 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. 7. The Supplementary Applicant Information Page (Apply for an Advisory Opinion), INA 212(e) Advisory Opinion Request 8. Notice: Submissions of the downloaded form DS-3035 will no longer be accepted. Although they are not binding and carry no precedential value, they are sometimes . An Advisory Opinion is issued at the request of a person or entity. Advisory opinions are available by calling the Director's Office at (651) 296 -3952 (or toll free at (800) 657-3601) and asking for the advisory opinion attorney of the day . Changing to a new program in the United States or leaving the United States and returning in a new program does not remove it. In addition to the training required by this Agreement, at the request of Kirkland, Seattle shall provide written advisory opinions regarding interpretation, application, and compliance with the Code of Ethics. During the Advisory Opinion, your J1 exchange visitor program documents will be reviewed to determine if you are subject to the 2-year home country presence requirement. Your best bet is to consult with an immigration attorney experienced in J-1 visa issues, 212 (e) issues, and J waiver issues. Immigration Appeals (BIA) sets out a two-part test to evaluate hardship if the J-1 individual spends two years abroad, or if the J-1 and U.S. or LPR relative go abroad together for two years. Sample O-1 Advisory Opinion Letter/Recommendation [ Please print on Association/Organization letterhead.] 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. 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. Director Bureau of Citizenship and Immigration Services Texas Service Center Mesquite, TX 75185-2211 O-1 Petition on Behalf of xxxxxx Dear Director: You will be sent the determination in the self-addressed, stamped envelope you provided. You must submit this form after you receive it at a U.S. consulate or embassy to apply for a J-1 visa. Box 979037 St. Louis, MO 63197-2000 PACKAGE 2 Prepare another package containing, a copy of the all the three clearances from India the CASE NUMBER (provided after filling DS3035) Third party barcode page created after filling DS3030 form. Express mail or delivery services address: Internal Revenue Service. Adobe Reader is required (version 5 or higher). Advisory opinion requests must be submitted in PDF format to OIGAdvisoryOpinions@oig.hhs.gov. When completing the online Form DS-3035, you will be providing information including: Provide an example snapshot of what a completed form looks like. While the Waiver Review Division is responsible for issuing a recommendation to USCIS, the final decision on your waiver request, whether to approve or deny your application, is made by USCIS. The "no objection" letter usually is not sufficient for waiver issuance if United States government funds were used. Neither is separation of the citizen or resident family from the alien relative, should the alien return abroad and the family remain in the United States This kind of cultural adjustment or separation is viewed as substantially the same as military, diplomatic, or international corporate employee families where one member is posted abroad and the family chooses to accompany him/her or remain behind. Advisory Opinion of J-1 2 year home stay waiver. The DGA does not have a process for expediting consultation letters; it responds to requests in the order they are received. An Advisory Opinion is based on the law, regulations . 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. 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. To fully qualify for a waiver on this basis, you must agree to begin employment at the health care facility within 90 days of receiving the waiver and sign a contract to continue to work at the facility full time for no less than three years. These supporting documents would depend on the basis for which you are requesting a waiver as discussed below: You should ensure that these supporting documents are sent by the appropriate third party or government agency in a timely manner, as the Waiver Review Division will not follow up on any missing supporting documents that are required for your application. This Form after you receive your visa, 2 year home stay waiver proposed U.S. employers of these agencies waiver... We will send our decision back to you transferee or a denial program! Delivery Services address: Internal Revenue Service receive your visa, you agree to use. Processing time for an advisory Opinion for you Opinion of J-1 2 year rule use of site... In limited circumstances, your spouse or child may request an advisory Opinion with knowledge of the applies. Letterhead. ( e ) J visa waiver recommendation application ( Form )... Hb `` `, @ ( DOS will review your documents and determine the. 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