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. J1 to Green Card Process Options 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. https://www.immihelp.com/j1-visa-home-residency-requirement-advisory-opinion-request/. 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. The information presented in this article and anywhere else on this site should not be construed to be formal legal advice. This web site allows exchange visitors desiring a waiver of 212(e) to reserve a case number and begin the paperwork for their request to the Department of State Waiver Review Division for a waiver recommendation. As the commissioners had no means of enforcing their orders, their function was chiefly advisory, but it was nevertheless of considerable importance on several occasions. During that time, you are not allowed to change your status to an intracompany transferee or a nonimmigrant temporary worker. You should allow approximately one month after submitting a complete application before checking your status. The employer of the exchange visitor requests such a waiver using the procedures established by the particular agency. Navigating Visas We and all of our authors strive to provide you with high-quality content. In administrative details he is assisted by the Council of India, an advisory body, with special control over finance. Sample FOIL requests, FOIL appeals, and FOIL responses. 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 . The Firm assumes no obligation to update or modify this Opinion letter to reflect any developments that may impact the Opinion from and after the date of the Opinion letter. 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. 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. An advisory opinion might not be your best option, because even advisory opinions are often incorrect. 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. In limited circumstances, your spouse or child may request an advisory opinion for you. If you already have a Waiver Review case number, you may: Please advice. DOS will review it and then decide whether or not to recommend a waiver. Advisory Letters for Multiple O-2s. The third grounds for a recommendation of a waiver is persecution. If you learn that the two-year home presence mandate applies to you then you must return to your country. Box 979037St. Note that if the US Department of State receives an incomplete or an incorrectly formatted DS-3035, your application might be rejected, and you will not receive a refund of your application fee. Why is there a 2-Year Home Residency Requirement for J1 Exchange Visas? My online J1 Wavier Status show that Department of State:Favorable Recommedation. 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. 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. 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. Our opinion letters provide helpful information about how we believe particular code standards would apply. Dr. Snowman is using his skills as a molecular . If DHS deems the request to have merit, it refers the case to DOS, and if DOS also concludes that persecution will occur, then DHS likely will grant a waiver. DOS forwarded my Favorable Recommedation to INS. Washington, D.C. 20522-1711. Once you determine that you meet any one of the 5 qualifying basis for a J1 waiver, you can begin your J1 waiver application. Columbus, Ohio 43215.3431. Your attorney or the RO for your exchange visitor program can request an advisory opinion on your behalf. 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. 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. Remember that the alien may not file an HHS waiver request. Review theInstructions for How to Apply for a Waiver. 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. Louis, MO 63197-9000, (For Courier Service Delivery)Department of State J-1 WaiverP.O. For more information on use of immigration attorneys, please review the links in the "Related Topics" section below. Provide supporting documents for your J1 waiver basis 5 How to Check the Status of My J1 Waiver Application? To secure this type of waiver, the interested government agency must submit a request for a waiver on your behalf. Information and documentation are reviewed and evaluated by an attorney who works with a paralegal to prepare the O-1 petition. 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. For petitioners acting as agents, please provide a complete itinerary of all events, including the dates of each service or engagement, the names and addresses of the establishments, venues or locations where services will be performed, and deal memos or contracts with each employer described in the itinerary. Many J1 exchange visa holders who complete their programs in the United States, might want to change their status to a temporary worker status such as the H-1B or L-1 nonimmigrant status or into a Lawful Permanent Resident (LPR) status while in the United States Or in some cases, after the completion of their J1 exchange program, they might want to obtain an H-1B or L-1 work visa or an immigrant visa while outside the United States. 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 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. Source and Contents of Consultations. New to the U.S.? 5. You must download, print, and sign this bar-coded PDF document in black ink and be prepared to follow the instructions on the checklist page when mailing your application to the US Department of State. However, some petitions require additional time to review. 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. This home presence rule is found in the Immigration and Nationality Act sect. The status check system will provide you with up-to-date information about your J1 waiver request.It will indicate if the US Department of State has received your DS-3035 online application and fee payment, as well as any supporting document needed for your application.The system will also inform you if any documents have been requested or sent by the Waiver Review Division. They will then specify factual conclusions in the opinion letter concerning . Expedited Processing of J1 Visa Waiver Application, Marrying a US citizen or Legal Permanent Residence spouse. 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. Certain exchange visitors are subject to the two-year foreign residence requirement of Section 212(e) of the Immigration and Nationality Act. In order to get the advisory opinion, you must send the following documents: 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 J-1 visa page of your passport Only the "under-served area" employer, through appropriate federal or state channels, may file this request. Sample Opinions Fee Agreements. 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 Can someone please provide an cover letter example for the advisory opinion request to US DOS for J-1 visa, 2 year rule? Having an immigration attorney with expertise in demonstrating a lack of immigrant intent may be helpful. 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