With knowledge of the penalties for false statements provided by 18 U.S.C. Reference Letters & Advisory Opinion Sending by fax is not recommended because DS-2019/IAP-66 forms often become illegible during faxing. The third grounds for a recommendation of a waiver is persecution. All rights reserved. The DGA will not provide advisory opinions for petitions submitted without payment. This communication does not establish and attorney-client relationship with the Law Office of Michael . You are subject to the home presence requirement if one of the following applies to your J-1 visitor exchange program: The government-funded exchange program is either paid for by the U.S. government or by the government in your home country, The program focuses on a specialized skill that is necessary in your home country and appears on its exchange visitors skill list, The program includes graduate medical training or education, Visitors holding J-1 visas issued after June 28, 2009 can determine if they are subject to the skills clause of the home presence requirement by reviewing the 2009 skills list. 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. Note also that even though government agencies may have procedures for waiver in place administratively, they sometimes suspend processing or stop accepting applications for periods of time. 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. Our opinion letters provide helpful information about how we believe particular code standards would apply. Clearly a mistake, since I'd never accepted British funding, let alone from a government source. If you wish to remain on travel.state.gov, click the "cancel" message. If you are a foreign medical school graduate, who has an offer of full-time employment at a US State health care facility and are working in an area experiencing a designated shortage of health care professionals, you may be eligible to apply for a J1 visa waiver. Adobe Reader is required (version 5 or higher). Review theInstructions for How to Apply for a Waiver. To apply for your J-1 extension, you will need to submit the following documents: If the sponsoring program can't fund the applicant, the applicant must provide evidence of financial capability to pay for fees such as tuition and living expenses for one year. 7. Cincinnati, OH 45202-5203. Our office often gets questions regarding J-1 visas, their waivers, and the best way for them to be approached for a favorable outcome. Alternatively, you can request a recommendation for a waiver of the home presence requirement.. IMPORTANT: It is not currently possible to "submit" the data electronically, or to pay any fees online. An opinion letter describes our analysis of an issue relating to how the standards of the Land Use Code or related codes apply to a particular site, use of land, or development proposal. Advisory Letters for Multiple O-2s. The Advisory Opinion would determine if a waiver would be required. We will send our decision back to you in the self-addressed, stamped envelope you provide. Congress provided specific avenues for waiver in the law at INA 212(e), the same section that contains the requirement. Registration & Domestic Travel within the U.S. Inviting Friends & Family for a Short Visit, Two-Year Home Country Physical Presence Requirement, Official DoS Article Regarding Waivers of the Home-Country Physical Presence Requirement, DOS Exchange Visitor Program Skills List, DOS Exchange Visitor Program Advisory Opinion, B Visitor Honorarium Simplified Instructions, OPT SEVIS Reporting Requirements For Students, 5-Year Rule Regarding Professors and Research Scholars, Academic Training For Students in J-1 Status, Duke Sponsored J-1 Scholar Extension of Stay. Advisory opinion requests are only accepted by mail. After the Waiver Review Division decides on your request, they will send a copy of their recommendation to USCIS, favoring or opposing your request to waive the 2-year home residency requirement. It also provides most Advisory Opinions issued after 2000 and some from before then. 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. If a United States government agency believes that the exchange visitors knowledge or skills are of vital interest to the United States and that the exchange visitors departure from the United States would be detrimental to a program of one of these United States agencies, then that agency may request a waiver recommendation from DOS. To understand why the 2-year home country residency requirement exists on the J1 visa and not on other US nonimmigrant visa classes, you must understand the purpose of the J1 exchange visa program. 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. Remember that the alien may not file a DOEd waiver request. Note: The law permits only medical doctors to apply for a waiver on this basis. 550 Main Street. 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. 6. Examples of possible errors: Sample Opinions Fee Agreements. For this category, a state public health department must request the waiver of the home presence requirement on your behalf. List of publications and presentations (including samples), if any; Sources of funding for . 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. To secure this type of waiver, the interested government agency must submit a request for a waiver on your behalf. To satisfy the 2-year home residency requirement, the J1 exchange visitor must spend a minimum of 2 cumulative years residing in the home country. Guide: How to obtain a J-1 visa extension. You can also email the Waiver Review Division to check on the status of your advisory opinion request by contacting 212ewaiver@state.gov. You should provide a self-addressed, stamped envelope for where you would like the advisory opinion sent. Changing to a new program in the United States or leaving the United States and returning in a new program does not remove it. Nova Credit currently connects to international credit bureaus in Australia, Brazil, Canada, India, Mexico, Nigeria, South Korea and the UK. Certain exchange visitors are subject to the two-year foreign residence requirement of Section 212(e) of the Immigration and Nationality Act. You can find the updated application fee at any point in the future on the US Department of State website. Upon receipt, the U.S. Department of State, within 4 to 6 weeks, will review your documents and determine whether you are subject to a two-year residency requirement or not. Cincinnati, OH 45201-2508. DEPARTMENT OF STATE J1 WAIVER P.O. Mail in completed DS-3035 with application fee, 3. For example, a government scholarship or fellowship that could have been used inside the home country or in any other country, and that was not given specifically for the Exchange Visitor Program may not constitute "government funding" for the purpose of making you subject to 212(e). 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 . The U.S. created the J-1 Exchange Visitor Program in 1961. This home presence rule is found in the Immigration and Nationality Act sect. 1008.41 -- OIG acceptance of the request. An email address is necessary to receive your letter. It is not available to anyone else. 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 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. 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 An Advisory Opinion is issued at the request of a person or entity. Copyright 1999-2023 immihelp.com. 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. These positions may be for feature films, documentaries, television programs, commercials, music videos or any other type of motion picture production. (b) Within 10 working days of receipt of the request, the OIG will--. We will e-mail you the advisory opinion letter when it is ready. Often it seems that "everyone has a finger in the pie". U.S. State Department 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. 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. 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 . 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 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. Not affiliated with any government agency. However, not all exchange visitor programs are subject to this 2-year residency requirement. These waivers require a great deal of documentation and seldom are granted. It must be filed by the supporting institution. %PDF-1.5 % The exchange visitor must provide strong evidence that intentional persecution by the government or with the governments approval would occur. 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. However, the written content on this website solely represents the views of the authors, unless otherwise specifically cited, but doesnt represent professional financial or legal advice. 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. I am into software. After mailing your J1 waiver application packet, the supporting document(s) proving that you are eligible for a J1 waiver must be received by the US Department of State's Waiver Review Division. You cannot appeal an opinion letter. As a result, many exchange visitors are confused by whether the foreign-residence requirement applies to them. 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. An advisory opinion letter may be composed from a labor union or a peer group that contains professionals in that career field. Physicians willing to work in federally identified under-served areas or willing to work in state identified areas of need may obtain waivers on that basis. J-1: Two Year Home Residence Requirement Introduction The Immigration and Nationality Act (INA) established in section 212 (e) that participants in the J-1 program would in some cases be subject to a requirement to reside for two years in their home country after completing a J program. If you were subject in the past and have not met the requirement you are still subject, even if you enter on a new program later. Links to external websites are provided as a convenience and should not be construed as an endorsement by the U.S. Department of State of the views or products contained therein. 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. 212(e). You must update your information on the J Visa Waiver Online webpage. Upon your request for this review, the State Department will issue a decision about whether you must return to your home country for two years. BIS will add future advisory opinions to this list as appropriate. 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 Supplementary Applicant Information Page (Apply for an Advisory Opinion), INA 212(e) Advisory Opinion Request 6.1 You are subject if one or more of the following applies to you: Government funded Exchange Program - You participated in a program . I-94 Number - CBP Online Retrieval; Go Back to Scholars & Employees Apply Visit Give Areas of Interest. In order to remain in the US, the J1 exchange visitor would need to obtain a J1 waiver. 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. 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 . {"email":"Email address invalid","url":"Website address invalid","required":"Required field missing"}. You will need your 7-digit case number to check the status of your application. opinion or advisory letter submission procedures for pre-approved plans Pre-approved retirement plans Information for adopting employers and document providers Check the status of your letter How to check on the status of a determination letter application Find an IRC 403 (b) pre-approved plan Where to Submit an Opinion Letter Request If after consulting existing agency guidance and compliance assistance materials you still wish to request an opinion letter, please submit your guidance request via mail or email as follows: via mail: U.S. Department of Labor Wage and Hour Division Division of Regulations, Legislation, and Interpretation 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. 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 FARA Unit will post future advisory opinions on a periodic basis. 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. If (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. 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