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. This No Objection statement must state that your home country has no objection to you not returning to your home country to satisfy the 2-year foreign residence requirement. Not subject dos j-1 waiver decision Thought I should share my ordeal since there is not much on the web about a similar scenario. 11-01 represents the first opinion issued in 2011. Waivers are never simple. 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. 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. rather than personal ones (working in the same lab, collaborative work). BIS will add future advisory opinions to this list as appropriate. Nova Credit currently connects to international credit bureaus in Australia, Brazil, Canada, India, Mexico, Nigeria, South Korea and the UK. 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. 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. J-1 Forms & Sample Letters. 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. However, if the exchange visitor's government funded their program, the J1 exchange visitor must also request a "no objection" statement from the country to which they are otherwise obligated to return. Whether you are subject to the 2-year home country residency requirement would depend on the conditions for which your J1 exchange visa was granted by your program sponsor. The DGA will not provide advisory opinions for petitions submitted without payment. If the opinion states that you are subject to HRR, you may explore options to see if you can get theHRR Waiver. When should I request an advisory opinion? 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. This website uses cookies, some of which are essential for the functionality of the website while others are for improving user experience and personalization. DOS forwarded my Favorable Recommedation to INS. We will send our decision back to you in the self-addressed, stamped envelope you provide. 1. Thanks, Lokesh. You can find the updated application fee at any point in the future on the US Department of State website. 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. 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. 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. But unfortunately for some J1 exchange nonimmigrants, this would not be possible unless they can obtain what is called a J1 waiver. Examples of possible errors: Note: The law permits only medical doctors to apply for a waiver on this basis. While your J-1 visa and Form DS-2019 may contain a preliminary determination that you are subject to the requirement, you may want to request an Advisory Opinion (AO) from the US State Department. Although not required, we encourage requestors to use the OIG Advisory Opinion Request Template to prepare advisory opinion requests. Example barcoded page generated after completing online DS-3035. 6. O-1A and O-1B (Arts) The petitioner must provide a consultation in the form of an advisory opinion from a U.S. "peer group" in the area of the beneficiary's ability (which may include a labor organization) or a person or persons with expertise in the area of the beneficiary's ability. SA-17, 11th Floor 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. Can someone please provide an cover letter example for the advisory opinion request to US DOS for J-1 visa, 2 year rule? Box 9790371005 Convention PlazaSt. During that time, you are not allowed to change your status to an intracompany transferee or a nonimmigrant temporary worker. 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. Box 2508. Your best bet is to consult with an immigration attorney experienced in J-1 visa issues, 212 (e) issues, and J waiver issues. Your attorney or the RO for your exchange visitor program can request an advisory opinion on your behalf. 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. Accordingly, DOS charges a fee sufficient to recoup the full costs of the review, regardless of whether DOS ultimately recommends the waiver. J1 waiver for reasons of persecution upon returning to your home country, 3. Room 6-403, Group 7521. The DGA bases its advisory opinions on actual evidence, not on conclusory statements in a cover letter or other document. Credit history used to stop at the borderuntil now. In short form, this rule is known as the "Two Year Home Rule." The DGA will provide a consultation letter requested by an applicant for any person seeking to enter the United States to perform the duties of a Director, Assistant Director, Unit Production Manager, Associate Director, or Stage Manager. SAMPLE LEGAL OPINION (This is to be used as a guide only. 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. 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. This communication does not establish and attorney-client relationship with the Law Office of Michael . They will then specify factual conclusions in the opinion letter concerning . 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. The J1 applicant's Embassy will then return this Third-Party Barcode page alongside the No Objection statement to the US Department of State. The O-1 petitioner must reach out . 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. 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. It will take the Waiver Review Division 4 to 6 weeks to review your request and determine whether the two-year home-country physical presence requirement applies to you. 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. 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. The alien does not have standing to file. 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. This J1 waiver is a document issued by the United States Department of Homeland Security that removes the requirement for certain J1 nonimmigrants (and their J2 dependents) to return to their country for a minimum of two years upon the completion of their J1 exchange visa program in the United States. DISCLAIMER: This blog post is written for general information only and is NOT legal advice. Copyright 1999-2023 immihelp.com. 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. A completed online Form DS-3035 is the only acceptable format of the J1 waiver application form. Best wishes. If you entered the U.S. before June 28, 2009, you must refer to one of the older skills lists. You can reach us by sending a message to visahelp@duke.edu or by calling our office at 681-8472. These documents must be submitted by mail to the State Department's Waiver Review Division. Expedited Processing of J1 Visa Waiver Application, Marrying a US citizen or Legal Permanent Residence spouse. This is a sample letter for the department to complete for the purpose of traveling and visa renewal. Freedom of Information Law Sample Letters. 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. The union that writes the letter should have jurisdiction over the work at issue. Example of checklist generated for a J1 waiver applying under a No Objection basis. Duke Box 90790 I am not into Medical. 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. The processing times for your waiver request will depend on the basis under which you request a J1 visa waiver. Please note that these opinions may be modified or superseded by later opinions or changes to the law or regulations. However, the J1 exchange visitor will still be subject to the initial 2-year home residency requirement. You may . This could be sent to the editor of a magazine, disputing the content of an article (personal), or more formally sent by a professional realtor stating the value of a property (professional). However, these waivers are "conditional" and require three to five years of service before the physician can obtain Lawful Permanent Resident (LPR or "green card") status. The second grounds for the recommendation of a waiver from the Waiver Review Division occurs when you have worked on a project in which a U.S. government agency has an interest. Once these supporting documents are received by the Waiver Review Division, your J1 waiver application will be completed. 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. 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. You should contact the Secretary of the Board at the following address: Board on the Unauthorized Practice of Law. 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. You are about to leave travel.state.gov for an external website that is not maintained by the U.S. Department of State. 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 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. Marrying a US citizen or Legal Permanent Residence spouse does not waive the 2-year residency requirement. American Express Expands Partnership with Nova Credit to Extend Credit to More Newcomers, International Tenant Screening for Intellirent's Customer Base, Webinar Takeaways: The Evolving Landscape of Cash Flow Underwriting, State Department's Waiver Review Division. For more information on use of immigration attorneys, please review the links in the "Related Topics" section below. The letters should be written by the recommenders. You would not have a waiver of your home residency requirement until you receive a notice of approval from USCIS. Cashier check of $28 (as mentioned above in Stage 3a under Fee Structure). The petitioner (employer or sponsoring organization) must get a written advisory opinion from an appropriate labor organization regarding the beneficiary's qualifications and the nature of work to be performed. 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 J-1 visa holders can visit the U.S. for short periods of time to receive hands-on professional training or to complete their education so they can use their new skills when they return to their countries. 4. State DepartmentVisa OfficeSA-17, 11th Floor600 19th Street, NWWashington, D.C. 20522-1711. Our office often gets questions regarding J-1 visas, their waivers, and the best way for them to be approached for a favorable outcome. 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. With almost a decade of experience pursuing higher education in the United States, I fully understand the pain points foreign students endure. 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.

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