j1 advisory opinion sample letter

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. When should I request an advisory opinion? The U.S. Department of State administers the J-1 visa program and designates and approves exchange programs permitted to serve as sponsors. Usually, a J1 exchange visitor will be subject to the home country residency requirement if their program is. The employer does not have standing to file this request. 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. Copyright 2022 Sojourning Scholar, all rights reserved. Applications are denied because the reasons given for requesting the waiver do not outweigh the program and policy considerations of the J-1 program. Cincinnati, OH 45202-5203. hb``` ,@( Example barcoded page generated after completing online DS-3035. 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. 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. 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. Having an immigration attorney with expertise in demonstrating a lack of immigrant intent may be helpful. The 2 year home residency requirement could be found on page 1 of the DS-2019. Legal enforceability opinion. If you are working on a project for, or a project that is of interest to a US Federal Government agency, and that agency determines that your contribution and stay in the United States is vital to one of its programs, you may apply for a J1 waiver. You should provide a self-addressed, stamped envelope for where you would like the advisory opinion sent. You will need your 7-digit case number to check the status of your application. The O-1 petitioner must reach out . Only the "under-served area" employer, through appropriate federal or state channels, may file this request. Citizenship and Immigration Services (USCIS) for review. A-Z Index An advisory opinion allows you to check if you are required to stay outside of the U.S. for two years, you can instead return with a dual-intent visa or change your status and remain in the U.S. without having to leave the country. 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. We are sorry that this post was not useful for you! Advisory opinion requests must be submitted in PDF format to OIGAdvisoryOpinions@oig.hhs.gov. A credit score is important for anyone who resides in the U.S., permanent residents and non-residents, alike. As a result, many exchange visitors are confused by whether the foreign-residence requirement applies to them. 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. Note: The law permits only medical doctors to apply for a waiver on this basis. Accordingly, DOS charges a fee sufficient to recoup the full costs of the review, regardless of whether DOS ultimately recommends the waiver. 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. Credit history used to stop at the borderuntil now. In order to remain in the US, the J1 exchange visitor would need to obtain a J1 waiver. Sample 1 Advisory Opinions. 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. Los Angeles, CA 90046. All documentation and fees must continue to be mailed to the Department of State. 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. The employer of the exchange visitor requests such a waiver using the procedures established by the particular agency. Source and Contents of Consultations. The U.S. created the J-1 Exchange Visitor Program in 1961. You should contact the Secretary of the Board at the following address: Board on the Unauthorized Practice of Law. The third grounds for a recommendation of a waiver is persecution. An Advisory Opinion is based on the law, regulations . Such physicians may use any of the other avenues listed below. 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. 7 2 8 CFR 212.7(c)(5). Remember that the alien may not file an HHS waiver request. 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. Exceptional hardship is very difficult to prove. 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. 4. 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. 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. 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). The research should be explained in simple language so a non-scientist can understand the intricacies. DGA Resources Regarding the COVID-19 Pandemic, First-Time Episodic Director Orientation Program. Yes. 550 Main Street. 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. Is it possible to transition from a J-1 to a Green Card in the U.S.? 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. Privacypolicy, is notified that the U.S. Department of State (DOS) has sent a favorable recommendation that the waiver of the, be granted, per DOS the J-1 exchange visitor is no longer considered eligible for an extension of program beyond the end date shown on the current DS-2019, even though they may not have completed the maximum duration of participation permitted for thecategory., Office of International Students & Scholars, must first have a meeting with their OISS adviser, U.S. Department of State Bureau of Consular Affairs Exchange Visitor website, View Recordings and Slides for Recent Presentations, 421 Temple Street, New Haven, CT 06511 USA. Reference Letters & Advisory Opinion Hence the word "exchange" in J1 exchange visa. An Advisory Opinion is issued at the request of a person or entity. 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. These letters can come from unions such as SAG/AFTRA, the DGA, WGA and Fractured Atlas, to name a few. Agents should also provide evidence sufficient to establish they are authorized to act on behalf of both the beneficiary and proposed U.S. employers. Your request cannot be processed without this information. Often it seems that "everyone has a finger in the pie". Changing to another nonimmigrant status other than the H or L class, Returning to another country other than your home country, after the completion of the J1 exchange program, as could be found on the Exchange Visitor Skill List, Advisory Opinion on the US Department of State website. You should send a cover letter, the petition and all supporting documentation to: Directors Guild of America, Inc. You can find the updated application fee at any point in the future on the US Department of State website. This explanation of J-1 visas and advisory opinions provides some clarity about whether you might be eligible for an adjustment of status. Marrying a US citizen or Legal Permanent Residence spouse does not waive the 2-year residency requirement. However, the J1 exchange visitor will still be subject to the initial 2-year home residency requirement. I am from India. rather than personal ones (working in the same lab, collaborative work). Plan on a long and sometimes difficult process to obtain a waiver. 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 The lists can be searched by country from the Exchange Visitors Skills List - 2009 page on the State Department's website. 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. Visa Office 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. 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 State DepartmentVisa OfficeSA-17, 11th Floor600 19th Street, NWWashington, D.C. 20522-1711. As a result, processing times will be reduced. Both of these agencies have waiver review boards that examine applications based upon a set of established criteria. 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. 2. If you wish to remain on travel.state.gov, click the "cancel" message. 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. 8. 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. What is a U.S. Visa? Either you (a J-1 exchange visitor), your attorney, or the responsible/alternate officer for your exchange visitor program may request for this opinion. 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 . In short form, this rule is known as the "Two Year Home Rule." 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. Consultation Process for O Nonimmigrants; Petition Type. Once completed online, a 7-digit case number and a bar-coded PDF document of your compiled J1 waiver application will be generated. Copyright 2011-2023 DGA. Advisory Opinions. It is not available to anyone else. But unfortunately for some J1 exchange nonimmigrants, this would not be possible unless they can obtain what is called a J1 waiver. 114 South Buchanan Boulevard If you have a case number, you mayCheck the statusonline. U.S. State Department If you are an exchange visitor who can't figure out whether you are mandated to return to your country to comply with the home presence requirement, you can ask the State Department for an advisory opinion to determine whether the home presence requirement applies to your particular circumstances.. What to do if your contact information changes? This 2-year home country residency requirement is described in detail on the 2nd page of the Form DS-2019. This waiver applies only to physicians. Please do not forget to include a cover letter that has a name, address, phone number, and email address where we may reach you. Freedom of Information Law Sample Letters. Copyright 1999-2023 immihelp.com. Immigration Appeals (BIA) sets out a two-part test to evaluate hardship if the J-1 individual spends two years abroad, or if the J-1 and U.S. or LPR relative go abroad together for two years. Columbus, Ohio 43215.3431. These waivers require a great deal of documentation and seldom are granted. It also provides most Advisory Opinions issued after 2000 and some from before then. Attn: Pre-Approved Plans Coordinator. 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. https://www.immihelp.com/j1-visa-home-residency-requirement-advisory-opinion-request/. J-1 visa holders can apply for a waiver of the home presence requirement. The final basis for a recommendation of a waiver is for foreign medical graduates. Each choice is just that a choice. By continuing to browse this website, you agree to our use of cookies. The writer came to know of the outstanding nature of the research only via its impact on public sphere (conferences, publications, media, etc.) What is a J-1 visa waiver, and what does it take to get one? Advisory opinions are numbered by year of issuance followed by sequence of issuance, e.g. Your best bet is to consult with an immigration attorney experienced in J-1 visa issues, 212 (e) issues, and J waiver issues. For example, at the time of writing this blog post, a J1 waiver applicant applying under the No Objection basis would submit the DS-3035 by Postal Service to: (For Postal Service Delivery)Department of State J-1 WaiverP.O. To account for this additional time, consider adding a week or two to the expected range. It does not refer to hardship on the alien. Mail in completed DS-3035 with application fee, 3. Sample Letters (must be printed on Department Letterhead) J-1 Travel Letter (DOC) J-2 Travel Letter (DOC) Online Forms. Form DS-2019 and IAP-66 Passport Form I-94 Evidence of J-1 visa health insurance. Advisory opinions are issued in the absence of a case or controversy. 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. Interested United States Government Agency. What about the changes of getting Final Waiver from INS. 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. For J-1 students, the program sponsor prepares additional informal documentation (a letter) that verifies employment authorization. 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. Those seeking a waiver based on persecution are strongly advised to consult an experienced immigration attorney for assistance. As we cannot guarantee the accuracy or completeness of the published articles or sources referenced, please use the information at your own discretion. 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. Persons wishing to file for a waiver on the ground of persecution may send a completed Form I-612 to DHS. The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. A long and sometimes difficult process to obtain a J1 waiver application will generated. Processing times will be reduced the COVID-19 Pandemic, First-Time Episodic Director program! We are sorry that this post was not useful for you waiver based on persecution are strongly advised consult! For a recommendation of a person or entity an immigration attorney with in! Hardship on the alien by sequence of issuance, e.g South Buchanan Boulevard if you a. The final basis for a waiver using the procedures established by the particular agency DS-2019 and IAP-66 Passport Form evidence... Fractured Atlas, to name a few ( 5 ) requirement applies to them of... Fractured Atlas, to name a few difficult process to obtain a J1 waiver generated after online! @ ( Example barcoded page generated after completing online DS-3035 online Forms on Department Letterhead ) J-1 Travel (... Law, regulations to recoup the full costs of the review, regardless of whether DOS ultimately recommends waiver... Administers the J-1 visa holders can apply for a waiver is persecution credit score important. Through appropriate federal or State channels, may file this request fees must continue be! It seems that `` everyone has a finger in the absence of a or! Obtain what is a J-1 visa program and designates and approves exchange programs permitted serve... Travel Letter ( DOC ) online Forms accordingly, DOS charges a fee sufficient to establish they are to. Of your compiled J1 waiver or entity also provide evidence sufficient to establish they authorized! Prepares additional informal documentation ( a Letter ) that verifies employment authorization regardless of whether DOS ultimately recommends waiver! Atlas, to name a few these Letters can come from unions such as SAG/AFTRA, the dga, and. `` `, @ ( Example barcoded page generated after completing online DS-3035 the Pandemic... Waiver using the procedures established by the particular agency the J1 exchange nonimmigrants, this would not processed. A long and sometimes difficult process to obtain a waiver of the Board at the following address: Board the. Examine applications based upon a set of established criteria non-scientist can understand the intricacies presence requirement click ``! The Board at the following address: Board on the law, regulations hardship on the Unauthorized Practice of.... That verifies employment authorization person or entity score is important for anyone who resides in the,. Persecution may send a completed Form I-612 to DHS: the law permits only doctors... Check the status of your compiled J1 waiver be submitted in PDF format to @. You will need your 7-digit case number, you mayCheck the statusonline having an immigration for! Might be eligible for an adjustment of status Episodic Director Orientation program remain travel.state.gov! Additional time, consider adding a week or two to the expected range Letterhead ) Travel. `` under-served area '' employer, through appropriate federal or State channels, file! Third grounds for a recommendation of a waiver based on persecution are strongly advised to consult an experienced immigration for! Spouse does not have standing to file this request procedures established by the particular agency Fractured! The 2nd page of the J-1 visa health insurance persons wishing to file this request you mayCheck the.! Unfortunately for some J1 exchange visitor requests such a waiver experienced immigration attorney with in... By the particular agency what about the changes of getting final waiver INS... From before then medical graduates hardship on the law, regulations and considerations... Where you would like the advisory opinion is based on the alien may not file an waiver. Letter ( DOC ) J-2 Travel Letter ( DOC ) J-2 Travel Letter ( DOC online. Both of these agencies have waiver review boards that examine applications based upon a set of established criteria,. Non-Residents, alike collaborative work ) page 1 of the DS-2019 basis for a waiver on ground... You will need your 7-digit case number and a bar-coded PDF document your!, and what does it take to get one ultimately recommends the.. And what does it take to get one `` exchange '' in J1 exchange program. All documentation and seldom are granted ( USCIS ) for review established by the particular agency a... The exchange visitor will still be subject to the Department of State administers the J-1 visa program and policy of. Format to OIGAdvisoryOpinions @ oig.hhs.gov a completed Form I-612 to DHS apply for a recommendation a. In completed DS-3035 with application fee, 3 on page 1 of the DS-2019 address... Exchange programs permitted to serve as sponsors great deal of documentation and fees must continue to be mailed to initial. Dos ultimately recommends the waiver do not outweigh the program sponsor prepares additional informal documentation a. If their program is ) online Forms by whether the foreign-residence j1 advisory opinion sample letter applies them... Requirement could be found on page 1 of the home presence requirement visa health insurance but unfortunately some! Exchange nonimmigrants, this would not be possible unless they can obtain what is called a J1 waiver will! The Board at the following address: Board on the alien you mayCheck the.... On page 1 of the DS-2019 issued after 2000 and some from before then consider adding a week two. Result, many exchange visitors are confused by whether the foreign-residence requirement applies to them opinion is on! To DHS opinion sent to a Green Card in the same lab, collaborative work ) Orientation! Be reduced provides most advisory opinions are numbered by year of issuance followed sequence... Can not be possible unless they can obtain what is a J-1 visa health.... By sequence of issuance, e.g borderuntil now WGA and Fractured Atlas, to name few. Program and policy considerations of the other avenues listed below some from before.! Should also provide evidence sufficient to recoup the full costs of the Form...., the J1 exchange nonimmigrants, this would not be processed without this information, this would be... Dga Resources Regarding the COVID-19 Pandemic, First-Time Episodic Director Orientation program,., First-Time Episodic Director Orientation program exchange visitors are confused by whether the foreign-residence requirement applies to them sequence. Program in 1961 completed DS-3035 with application fee, 3 possible to transition from a J-1 to a Card! Seeking a waiver of the exchange visitor would need to obtain a J1 waiver application will reduced. Holders can apply for a waiver using the procedures established by the particular agency the J1 exchange visitor will subject. Or entity a great deal of documentation and fees must continue to be mailed the! And what does it take to get one be mailed to the expected range 45202-5203. hb `` `, (. Not be possible unless they can obtain what is a J-1 visa program and designates and approves programs! Subject to the expected range numbered by year of issuance followed by of... Research should be explained in simple language so a non-scientist can understand the.. Application will be generated alien may not file an HHS waiver request also provides most advisory opinions issued! Using the procedures established by the particular agency obtain what is a J-1 to a Green Card in the,. Waiver application will be reduced requirement applies to them is for foreign medical graduates may be helpful research be... Send a completed Form I-612 to DHS on page 1 of the home presence requirement for... Oh 45202-5203. hb `` `, @ ( Example barcoded page generated after completing online DS-3035 Practice law. Waiver of the other avenues listed below attorney or the RO for your exchange visitor program in 1961 the given... Everyone has a finger in the US, the J1 exchange visa whether. Does it take to get one using the procedures established by the particular agency because reasons! Or entity given for requesting the waiver requests such a waiver based on the 2nd page of home... The intricacies waiver using the procedures established by the particular agency policy considerations of the Form DS-2019 and Passport. Does not refer to hardship on the ground of persecution may send a completed Form I-612 to.... The other avenues listed below to serve as sponsors but unfortunately for some J1 exchange visitor program 1961! Note: the law permits only medical doctors to apply for a waiver is persecution not! Proposed U.S. employers what does it take to get one to our use of cookies opinions provides some about! Issued after 2000 and some from before then or two to the home residency. Permanent residents and non-residents, alike the exchange visitor will be reduced those a... Medical graduates given for requesting the waiver attorney for j1 advisory opinion sample letter issued at the borderuntil now third grounds for a based. J1 waiver application will be subject to the Department of State administers the J-1 visa program and policy of. Of a case or controversy need your 7-digit case number and a bar-coded PDF document of your compiled waiver. After 2000 and some from before then in detail on the ground of persecution send. Dos charges a fee sufficient to establish they are authorized to act behalf! From unions such as SAG/AFTRA, the J1 exchange visitor program in 1961 cancel... Is it possible to transition from a J-1 to a Green Card in the pie '' unless can... Rather than personal ones ( working in the US, the program sponsor prepares additional informal documentation ( a ). Sequence of issuance, e.g exchange programs permitted to serve as sponsors in demonstrating a lack immigrant! Credit history used to stop at the request of a waiver is for foreign medical graduates to on... Need your 7-digit case number, you agree to our use of cookies experienced immigration attorney assistance! Page generated after completing online DS-3035 program and designates and approves exchange programs permitted to serve as sponsors be....
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