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U.S. Visas

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Visa Information & Resources

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. An Advisory Opinion is a review of your exchange visitor program documents to determine if you are subject to this requirement.

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How can I request an Advisory Opinion?

Send a written request to the Waiver Review Division asking that we conduct an advisory opinion to determine whether the two-year home-country physical presence requirement applies to you.  Include a description of your J-1 program(s), program dates and sources of program funding, and any other relevant information pertaining to your J-1 program.

 

Include the following items with your written request:

·  Legible copies of every/all Form DS-2019/IAP-66 ever issued to you

·  The J-1 visa page of your passport

·  The Supplementary Applicant Information Page (Apply for an Advisory Opinion)

·   A self-addressed, stamped envelope

 

You must send your request to:

INA 212(e) Advisory Opinion Request
Waiver Review Division, CA/VO/L/W
U.S. State Department
Visa Office
SA-17, 11th Floor
600 19th Street, NW
Washington, D.C. 20522-1711

We will review your documents and determine whether the two-year home-country physical presence requirement applies to you. We will send our decision back to you in the self-addressed, stamped envelope you provide. Advisory opinion requests are only accepted by mail. You may not fax your request.

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How long will it take for you to process my Advisory Opinion request?

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.

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Can I check the status of the Advisory Opinion I requested?

Yes. If you have a case number, you may check the status of your advisory opinion request by visiting the J Visa Waiver Online webpage and selecting “Check the status.”

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 to 212ewaiver@state.gov for a response.

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Can anyone request an Advisory Opinion on my behalf?

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. Review the FAQs to learn about the limited situations where the spouse or child of a J-1 exchange visitor can request an advisory opinion.

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I have received the Waiver Review Division’s decision that the two-year home-country physical presence requirement applies to me, and I want to request a waiver.