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. 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. So towards the end of my J1 I prepared an advisory opinion myelf with all documentation they required for peace of mind. It is sometimes called Section 212(e) in legal jargon. 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 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. For more information on use of immigration attorneys, please review the links in the "Related Topics" section below. Attempting to file for this waiver without appropriate legal assistance could result in serious delays or a denial. Your best bet is to consult with an immigration attorney experienced in J-1 visa issues, 212 (e) issues, and J waiver issues. 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. When completing the online Form DS-3035, you will be providing information including: Provide an example snapshot of what a completed form looks like. The decision to provide a "no objection" letter is solely that of the foreign government. You are not required to file a request for an advisory opinion by yourself. All rights reserved. DOS will review it and then decide whether or not to recommend a waiver. 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. If there is an extraordinary reason you require a consultation letter by a certain date, please note that date and the reason for your request in a cover letter. You must submit this form after you receive it at a U.S. consulate or embassy to apply for a J-1 visa. Applicants must have received a job offer at a hospital in an area with a medical shortage, agree to begin working there within 90 days of receiving their waiver, and continue working in that location for at least three years. 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. The RO will explain which documents you will need to submit to receive Form DS-2019, the certificate of eligibility for exchange visitor status that will be issued by the RO at the sponsoring agency. We redact certain identifying information and certain potentially privileged, confidential, or proprietary information associated with the individual or entity, unless otherwise approved by the requestor. 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. If you are not sure that this restriction applies to you, you can request that an Advisory Opinion be conducted by the US Department of State's (DOS) Waiver Review Division. You are about to leave travel.state.gov for an external website that is not maintained by the U.S. Department of State. You should allow approximately one month after submitting a complete application before checking your status. You see, the J1 exchange program was created to allow foreign nationals to come to the US to engage in a specific activity and then return to their home country to share their knowledge of said activity with their country people immediately after the completion of the activity. 3 S. Yale-Loehr, et al.," Administrative Appeals Office Practice Pointers," Immigration Practice Pointers (AILA 2010-11 Ed . He/she may remain in the United States while the alien fulfills the 212(e) requirement in the home country. 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. 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. 01/07/2016: J-1 waiver USCIS receipt received in the mail dated 01/04. P.O. Although they are not binding and carry no precedential value, they are sometimes . There is no specific time in which a consultation letter is issued, though the DGA attempts to issue a consultation letter within seven to ten business days of receiving a fully documented request. Each choice is just that a choice. You can check the status of your submitted J1 waiver application on the J Visa Waiver Status webpage. 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. You may . Remember that the alien may not file an HHS waiver request. J1 visa waiver for interest from a US federal government agency that deems your stay in the US to be in the public interest. The employer of the exchange visitor requests such a waiver using the procedures established by the particular agency. 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. Form 5306 - Opinion letter requests for prototype or employer-sponsored IRAs should be sent to: 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. You are subject if one or more of the following applies to you: Government funded Exchange Program - You participated in a program . This does not include the time it takes for the opinion to be mailed and delivered. 7 2 8 CFR 212.7(c)(5). 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. 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 . You must update your information on the J Visa Waiver Online webpage. Please note that these opinions may be modified or superseded by later opinions or changes to the law or regulations. Freedom of Information Law Sample Letters. 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. Advisory Opinions Overview If you do not know whether the two-year home-country physical presence requirement applies to you, after having reviewed the Eligibility Information webpage, you can request that the Department of State, Waiver Review Division conducts an Advisory Opinion. immihelp.com is private non-lawyer web site. Petitions for O-1 and O-2 visas must be accompanied by consultation letters, also called advisory opinions, from a designated U.S. peer group or labor organization. J-1 visa holders can apply for a waiver of the home presence requirement. Sample Letters (must be printed on Department Letterhead) J-1 Travel Letter (DOC) J-2 Travel Letter (DOC) Online Forms. Notice: Submissions of the downloaded form DS-3035 will no longer be accepted. You should contact the Secretary of the Board at the following address: Board on the Unauthorized Practice of Law. Please advice. Example of checklist generated for a J1 waiver applying under a No Objection basis. 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. Who may I contact if I have further questions about advisory opinion letters? In order to remain in the US, the J1 exchange visitor would need to obtain a J1 waiver. Petitioners should also submit information about the specific event or production on which the beneficiary will be employed, along with evidence justifying the requested validity period. 2. 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. To account for this additional time, consider adding a week or two to the expected range. In order to get the advisory opinion, you must send the following documents: Send your documents to:INA 212(e) Advisory Opinion RequestWaiver Review Division, CA/VO/L/WU.S. 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. 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. The DGA does not have a process for expediting consultation letters; it responds to requests in the order they are received. The rules for this kind of waiver are quite complicated. These include, but are not limited to: the home government; the funding organization; the United States DOS; the United States DHS; and other national, binational or international agencies that provided support for or assistance with the exchange visitors program participation. Copyright 1999-2023 immihelp.com. Consular and immigration officers sometimes make mistakes. The DOS web site has details on fee payment. A J-1 visa waiver is sought in order to bypass the rule that requires J-1 holders to be physically present in their home country for two years. 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. You should provide a self-addressed, stamped envelope for where you would like the advisory opinion sent. Once you determine that you meet any one of the 5 qualifying basis for a J1 waiver, you can begin your J1 waiver application. We consider the following to be a List A document: An unexpired foreign passport; and Form I-94 indicating J-1 nonimmigrant status and Form DS-2019 with the responsible officer's endorsement. Columbus, Ohio 43215.3431. 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. 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 Persons wishing to file for a waiver on the ground of persecution may send a completed Form I-612 to DHS. 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. Examples of possible errors: Adobe Reader is required (version 5 or higher). 550 Main Street. 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. 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. 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. For O-2 petitions based on a long-standing working relationship, provide evidence of the length and nature of the working relationship between the O-1 and O-2 beneficiaries. These positions may be for feature films, documentaries, television programs, commercials, music videos or any other type of motion picture production. The Department of Homeland Security (DHS) actually issues all waivers, but it can only do so if DOS has made a favorable recommendation. Processing a waiver of 212(e) confers a specific benefit to the requesting individual. 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. https://www.immihelp.com/j1-visa-home-residency-requirement-advisory-opinion-request/. You can do this by selecting Inform the Department of State of a change to personal data. The Waiver Review Division can only contact you if they have your accurate contact information. You cannot fax your request or come in person. You cannot fax or email your documents to receive an advisory opinion. For this category, a state public health department must request the waiver of the home presence requirement on your behalf. Please contact Sonja Renz at srenz@dga.org, or 310-289-2017. hbbd```b``3@$S,dfHp `6\6Dx 4HQl##MG? 212(e). However you may be subject due to government funding or the Skills List. Sample 1 Advisory Opinions. 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 . Attn: Pre-Approved Plans Coordinator. It also provides most Advisory Opinions issued after 2000 and some from before then. If you already have a Waiver Review case number, you may: A J1 visa is a nonimmigrant visa, and visa sponsors don't want a reputation with the U.S. government as a J1 program that noncitizens use to transition to green card status. Since the processing times can vary and be slow, its best to request a change in status from your J-1 visa. This law extended the Conrad State 30 Program until September 30, 2015. Louis, MO 63101-1200. J-1 Status Verification Sample Letter. 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. In administrative details he is assisted by the Council of India, an advisory body, with special control over finance. As a result, many exchange visitors are confused by whether the foreign-residence requirement applies to them. Advisory Letters for Multiple O-2s. These letters can come from unions such as SAG/AFTRA, the DGA, WGA and Fractured Atlas, to name a few. The DGA bases its advisory opinions on actual evidence, not on conclusory statements in a cover letter or other document. 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. Examples of Advisory letter in a sentence Advisory letter through the unit commander or supervisor to any person who has acquired six traffic points within a 6-month period. If you wish to remain on travel.state.gov, click the "cancel" message. More Immigration US visas J-1 student visa The exchange visitor or representative controls the data entry to ensure an error-free submission. This explanation of J-1 visas and advisory opinions provides some clarity about whether you might be eligible for an adjustment of status. The exchange visitor must provide strong evidence that intentional persecution by the government or with the governments approval would occur. However, the U.S. Customs and Immigration Service will only issue a waiver of the home presence requirement if they determine that a credible fear of persecution exists. You, as the J-1 exchange visitor, your attorney, or the responsible/alternate officer for the exchange visitor program you participated/are participating in may request an advisory opinion from the Waiver Review Division to determine if you are subject to the two-year home-country physical presence requirement. Sample Opinions Fee Agreements. J-1 visa employment options: Do you need work authorization? When should I request an advisory opinion? 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. Often it seems that "everyone has a finger in the pie". The Committee responds to judicial inquiries in the form of advisory opinion letters. J1 waiver for a No Objection Statement that is sent directly to the US Department of State by your home country's Embassy in Washington, DC. Dr. Snowman is using his skills as a molecular . Those seeking a waiver based on persecution are strongly advised to consult an experienced immigration attorney for assistance. Once the USCIS makes its decision, it will send it to the Waiver Review Division at the State Department. Reference Letters & Advisory Opinion 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. Please note that these letters, and the guidance they provide, are based on the information submitted to the FARA Unit. Some types of J-1 visas allow dependents of the J-1 visa holder, like unmarried children under the age of 21 and spouses, to accompany them to the U.S. If you believe that you will be persecuted upon return to your home country because of your race, religion, or political opinion, you can apply for a J1 visa waiver. Legal enforceability opinion. Your request cannot be processed without this information. The State Department will . For example, if you previously entered as a J with Fulbright funding under a government sponsored program and then changed to a university program with no government funding, the previous 212(e) subjection still applies. [Please insert date.] 6.1 Not affiliated with any government agency. A: In cases of death or divorce from the J-1, or when a J-2 child reaches age 21, the Waiver Review Division may entertain requests for waivers on behalf of the J-2. Waivers are never simple. Form DS-2019 and IAP-66 Passport Form I-94 Evidence of J-1 visa health insurance. ;*a$U;YlLw3+`` 8)N-~hQXLls~:(qyi8M.C`)LG&?x>wcD@JeB 9 yc !,@Ey" 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. I am into software. 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. An email address is necessary to receive your letter. Alternatively, you can request a recommendation for a waiver of the home presence requirement.. 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. Once you have assembled your application packet, you should follow the instructions on the checklist page that states where your DS-3035 and other additional pages or forms must be sent. 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. 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. The U.S. Department of State administers the J-1 visa program and designates and approves exchange programs permitted to serve as sponsors. According to the Department of State website, here are the estimated processing times for the J1 waiver. Eligible participants must intend to study, research, observe, consult, receive training, demonstrate their special skills, or to pursue graduate medical education. If you have a case number, you may check the status of your advisory opinion request by visiting theJ Visa Waiver Onlinewebpage and selecting Check the status.. 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. Complete the online J1 Visa Waiver recommendation application (Form DS-3035), 2. Changing to a new program in the United States or leaving the United States and returning in a new program does not remove it. Visa Office 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. 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