Contact our office today if we can assist you in any way Processing a waiver of 212(e) confers a specific benefit to the requesting individual. Is it possible to transition from a J-1 to a Green Card in the U.S.? All letters should be written to To Whom It May Concern and addressed to: Outstanding nature of original discovery where the applicant has a key role (not credited to PI), International recognition for the exceptional achievement most would wait a life time to obtain, The ground-breaking research which has altered traditional views, Development of new area of investigation never before considered important to the field, New procedures, techniques, clinical trials based on cutting edge research. You may not fax your request. Box 2508. To account for this additional time, consider adding a week or two to the expected range. 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. 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. Include photocopies of all of the DS-2019 or IAP-66 forms you have ever received as well as a self-addressed, stamped envelope (SASE). 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. 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. A consultation letter becomes part of the underlying petition and is submitted by the petitioner to the U.S. 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. You should read this checklist thoroughly. The union that writes the letter should have jurisdiction over the work at issue. 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. 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 four key components of a standard opinion letter are: List of documents reviewed. Advisory opinion requests must be submitted in PDF format to OIGAdvisoryOpinions@oig.hhs.gov. Latest News immihelp.com is private non-lawyer web site. To secure this type of waiver, the interested government agency must submit a request for a waiver on your behalf. If you can not determine for sure whether you are subject to a two-year home residency requirement, you can request an advisory opinion from the U.S. Department of State. This Opinion does not address any federal tax consequences of the transactions set forth herein, or transactions related or proximate to such transactions, except as set . An advisory opinion might not be your best option, because even advisory opinions are often incorrect. 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. Can someone please provide an cover letter example for the advisory opinion request to US DOS for J-1 visa, 2 year rule? The United States citizen or resident is required neither to live abroad nor to live in the aliens home country. Transfer Out Form (Fillable PDF) . Your best bet is to consult with an immigration attorney experienced in J-1 visa issues, 212 (e) issues, and J waiver issues. Freedom of Information Law Sample Letters. In order to remain in the US, the J1 exchange visitor would need to obtain a J1 waiver. Only the "under-served area" employer, through appropriate federal or state channels, may file this request. Description of j1 advisory opinion sample letter . Your existing international credit history could help you get credit in the United States. 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. Form DS-2019 and IAP-66 Passport Form I-94 Evidence of J-1 visa health insurance. Accordingly, DOS charges a fee sufficient to recoup the full costs of the review, regardless of whether DOS ultimately recommends the waiver. The writer came to know of the outstanding nature of the research only via its impact on public sphere (conferences, publications, media, etc.) In limited circumstances, your spouse or child may request an advisory opinion for you. 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. 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. You should provide a self-addressed, stamped envelope for where you would like the advisory opinion sent. 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. How to Apply for a J1 Waiver 4.1 1. 304 0 obj
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The information presented in this article and anywhere else on this site should not be construed to be formal legal advice. You can check the status of your submitted J1 waiver application on the J Visa Waiver Status webpage. Interested United States Government Agency. Applications are denied because the reasons given for requesting the waiver do not outweigh the program and policy considerations of the J-1 program. Adobe Reader is required (version 5 or higher). 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). However, not all exchange visitor programs are subject to this 2-year residency requirement. The exchange visitor or representative controls the data entry to ensure an error-free submission. The exchange visitor works directly with his/her government, The institution or the employer cannot make this request for the exchange visitor. Note that the hardship must be to a United States citizen or permanent resident spouse or child if the alien returns home. Our office often gets questions regarding J-1 visas, their waivers, and the best way for them to be approached for a favorable outcome. Louis, MO 63101-1200. 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. Some other documents you will include in your application packet are. Provide supporting documents for your J1 waiver basis. They must be proficient in English and be sponsored by a government program, private organization, or university. The complexity of these rules often leads to confusion about the home presence requirement. Requesting an advisory opinion early can provide more time to apply for a waiver from the home presence requirement. 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. All rights reserved. Who may I contact if I have further questions about advisory opinion letters? 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. 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. Not affiliated with any government agency. Example of checklist generated for a J1 waiver applying under a No Objection basis. Please do not forget to include a cover letter that has a name, address, phone number, and email address where we may reach you. 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. Although they are not binding and carry no precedential value, they are sometimes . BIS has selected certain advisory opinions that may be of general interest to the public. SA-17, 11th Floor 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. If you are subject to the 2-year residence requirement, you would find this on page 1 of the DS-2019. Complete the online J1 Visa Waiver recommendation application (Form DS-3035), 2. The lists can be searched by country from the Exchange Visitors Skills List - 2009 page on the State Department's website. Columbus, Ohio 43215.3431. You can reach us by sending a message to visahelp@duke.edu or by calling our office at 681-8472. Review theInstructions for How to Apply for a Waiver. For more information on use of immigration attorneys, please review the links in the "Related Topics" section below. 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. I created this website to help foreign students successfully navigate their way through the challenges they will face while living in the United States. Print. 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. ?@Zy%< 0 @\
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<. 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. 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. JEC has compiled scanned copies of all advisory opinions since 1991. Those exchange visitors with case numbers can submit changes to their contact information or check the status of their case file. 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. However you may be subject due to government funding or the Skills List. The "no objection" letter usually is not sufficient for waiver issuance if United States government funds were used. 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. My online J1 Wavier Status show that Department of State:Favorable Recommedation. 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. No SSN is needed to start your U.S credit history. ;*a$U;YlLw3+`` 8)N-~hQXLls~:(qyi8M.C`)LG&?x>wcD@JeB 9
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!,@Ey" J-1 visa employment options: Do you need work authorization? The DGA does not have a process for expediting consultation letters; it responds to requests in the order they are received. 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. Usually, a J1 exchange visitor will be subject to the home country residency requirement if their program is. BIS will add future advisory opinions to this list as appropriate. It is not available to anyone else. This explanation of J-1 visas and advisory opinions provides some clarity about whether you might be eligible for an adjustment of status. A majority of letters should be from experts who know the applicant only through their outstanding achievements and with whom there has been no collaboration. You will be sent the determination in the self-addressed, stamped envelope you provided. 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. 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. The 2 year home residency requirement could be found on page 1 of the DS-2019. Under certain circumstances such as where there is a significant US government interest or an urgent humanitarian need, an expedited processing may be requested either by a J1 applicant, an attorney representing the applicant, or a congressman. Duke Box 90790 If a J1 exchange visitor is eligible for a J1 waiver under more than one basis, he or she can only request a J1 waiver for one qualifying condition at a time. Yes. The exchange visitor files this request in his/her own behalf. Credit history used to stop at the borderuntil now. 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. 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. U.S. State Department 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. Qualifications. 5. Once you receive your visa, you can enter the U.S. within 30 days of your program's start date. The alien does not have standing to file. 114 South Buchanan Boulevard 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. Lawyers are also often called upon to provide a . The processing times for your waiver request will depend on the basis under which you request a J1 visa waiver. 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. 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. Once these supporting documents are received by the Waiver Review Division, your J1 waiver application will be completed. For J-1 students, the program sponsor prepares additional informal documentation (a letter) that verifies employment authorization. Waiver Review Division, CA/VO/L/W 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. He/she may remain in the United States while the alien fulfills the 212(e) requirement in the home country. Residing in another country other than the home country does not fulfill the 2-year home residency requirement. Advisory Opinions and Waivers for Section 212(e) In many cases it may not be clear if you are subject to Section 212(e). 4. Having an immigration attorney with expertise in demonstrating a lack of immigrant intent may be helpful. Sample O-1 Advisory Opinion Letter/Recommendation [ Please print on Association/Organization letterhead.] P.O. Sample 1 Advisory Opinions. Those seeking a waiver based on persecution are strongly advised to consult an experienced immigration attorney for assistance. I-94 Number - CBP Online Retrieval; Go Back to Scholars & Employees Apply Visit Give Areas of Interest. 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. 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. Without obtaining a J1 waiver, the J1 nonimmigrant (and any J2 dependents) would have to fulfill the 2-year home country presence requirement before they can enter the United States on an H, L or Permanent Residency US visa. hb``` ,@( Once the USCIS makes its decision, it will send it to the Waiver Review Division at the State Department. 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. Citizenship and Immigration Services (USCIS) for review. 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