|
J
EXCHANGE VISITORS:
General Q&A on Waiver of Home Residency Requirement
Other links:
Advisory
Opinions
Q.
What is an advisory opinion for a waiver recommendation case?
A. An advisory opinion is
a request for a statement from the Waiver Review Division regarding
whether an exchange visitor is subject to Section 212(e) of
the Immigration and Nationality Act, as amended.
Q.
When should I request an advisory opinion?
A. You should only request
an advisory opinion after you have participated in a J-1 program
and you have doubts whether you are or are not subject to Section
212(e).
Q.
Can anyone request an advisory opinion on my behalf?
A. Yes. Your attorney or
your responsible/alternate officer may request an advisory opinion
for you.
Q.
What information should I include in my request for an advisory
opinion?
A. You should mail legible
copies of all your DSP/IAP-66 forms along with the written request
for an advisory opinion. We do not recommend sending your request
by fax because DSP/IAP-66 forms frequently become illegible
during the fax process.
Q.
Where do I send the request?
A. You should send your
request to the following address: U.S. Department of State CA/VO/L/W,
Visa Services 2401 E Street, NW, (SA-1) Washington, DC 20522-0106.
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 he/she was in J status.
You should provide a self-addressed, stamped envelope for where
you would like the advisory opinion sent.
Q.
Approximately how long does it take to obtain an Advisory
Opinion from the Waiver Review Division?
A. It takes approximately
6-8 weeks to process an Advisory Opinion.
Back to top.
Skills
List
Q.
What is the Exchange Visitors Skills List?
A. The skills list is a
list of occupations that are needed in the exchange visitor's
home country. See below.
Q.
How does an exchange visitor determine if his/her country has
a skills list?
A.
The current skills list is published
in the Federal Register, Volume 62,
No. 11, January 16, 1997 (pages 2448
to 2516). The 1972 skills list appeared
in Vol. 37, No. 80, April 25, 1972,
8099-8117. The 1984 skills list appeared
in Vol. 49, No. 114, June 12, 1984,
24194-24249. Amendments to the skills
lists were published in the following
Federal Registers: Vol. 43, No. 29,
February 10, 1978, 5910-5912; Vol.
51, No. 189, September 30, 1986, 34701;
Volume 52, No. 24, February 5, 1987,
37444; Volume 52, No. 53, March 19,
1987, 8700; Volume 53, No. 242, December
16, 1988, 50619; Volume 58, No. 143,
July 28, 1993, 40466. To look at
the Skills List online, click here.
Q.
Which country's skills list applies to me?
A. The country of your last
legal permanent residence where you obtained your J-1 visa applies
to you.
Q.
How do I determine if the funding I received for my program
was government provided?
A. You should consult your
program's responsible officer for assistance in making this
determination.
Q.
Does funding provided by an international organization make
me subject to the two-year home residence requirement?
A. Yes. Back to top.
Dependent
Spouses and Children/J-2
Q.
I am the J-2 spouse and/or child of a J-1 who is subject
to the two-year home residence requirement. Am I subject also?
A. Yes. A J-2 is subject
to the same requirements as a J-1.
Q.
If the J-1 obtains a recommendation for waiver of the two-year
home residence requirement, will that apply to the J-2 derivative
applicants?
A. Yes, if the J-1 applies
for and receives a favorable recommendation, members of the
immediate family, if applicable, will be included.
Q.
Can a J-2 apply independently from the J-1 for a waiver of the
two-year home residence 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. The Division will need a completed data sheet,
DSP/IAP-66 forms of the J-1, divorce decree or death certificate,
whichever is applicable, and, for a dependent son or daughter
turning 21, a copy of his/her birth certificate. Back to top.
Processing
Fee
Q.
Who must pay the processing fee?
A. Only the applicant must
pay the processing fee, not the dependent spouse or children.
Q.
If I have already applied for a waiver review once and been
denied, do I have to pay the processing fee again if I reapply
using a different basis for the waiver?
A. Yes. Once you have received
a final determination on your application from the Waiver Review
Division, any subsequent applications must be completely resubmitted,
including the processing fee.
Q.
How much is the processing fee and in what form must it be paid?
A. The fee is $230 and
it must be paid in a U.S. currency cashier's check or postal
money order drawn on a U.S. financial institution. The check
should be made payable to "U.S. Department of State." No personal
checks will be accepted.
Q.
Where do I send the processing fee?
A. Send the cashier's check
or money order to:
via the U.S. Postal Service--
US Department of State Waiver
Review Division
P. O. Box 952137
St. Louis, MO 63195-2137
via Courier Service
US Department of State Waiver
Review Division (Box 952137) 1005 Convention Plaza
St. Louis, MO 63101-1200
Q.
At what point in the application process is the processing
fee sent?
A. The fee should be
sent with the Data sheet application at the beginning of the
application process.
Q.
Should I fax or mail a copy of my data sheet to the Waiver
Review Division?
A. No. If you mail or fax
extra copies of the data sheet to the Waiver Review Division,
it will not be processed. The Waiver Review Division will accept
only the data sheet from the bank in St. Louis.
Q.
Should I send the fee several times to make sure you've received
it?
A. No. If you do this, you
may pay more than once for the same service since we will be
unable to retrieve your duplicate payment and refund your money.
Back to top.
Permanent
Residents of Canada
Q.
I came to the U.S. from a country other than Canada on a J-1
visa, and after completion of my J program I moved to Canada
and acquired landed immigrant status in Canada. Which country
am I subject to return to for my two-year residence requirement
-- my former country of residence or my current one, Canada?
A. You are subject to return
to your former country of residence. J-1 regulations stipulate
that an exchange visitor is subject to the country of his/her
legal permanent residence at the time that the visitor acquires
the J-1 status. The visitor must return to his/her former country
of residence in order to fulfill the two-year home residence
requirement or s/he must receive a waiver of the requirement.
Back to top.
Processing
Times/Status Inquiries
Q.
How long should it take before I get a decision on whether
you will recommend a waiver in my case?
A. The processing times will vary depending on the type
of application you have submitted. The times given below are
estimates only from the date of receipt of all documentation
necessary to process the application.
- No
objection - 12-16 weeks;
- Interested
U.S. Government Agency -
4-6 weeks;
- State department of health
- 6-8 weeks;
- Exceptional hardship
- 3-4 months;
- Fear of persecution
- 3-4 months;
- Advisory opinions
- 6-8 weeks.
Note that security checks may
cause these delays in the current processing of applications.
Q.
If I sent a fax or another document for my case, can
I call and check to make sure that you have received it?
A. No. If you want confirmation
that we have received a document, please send it certified or
registered mail. Please also provide your waiver case number
on both the documentation and the outside of the envelope, if
mailed. Please note the correct address to send the documentation.
Q.
Where can I get information on the status of my application?
A. You may check the status
online or by telephone
at 202-663-1600. If additional documentation is necessary,
the Waiver Review Division will contact you directly. When a
final determination has been made, you will be notified. Until
you hear from the Waiver Review Division, therefore, the status
of your case is considered "open." You should make whatever
plans you need to make regarding your work, life in the U.S.
or return to your home country on the assumption that you may
or may not be recommended for a waiver.
Back to top.
Final
Determinations of Waiver Applications
Q.
After a favorable recommendation for a waiver is made and
transmitted by the Waiver Review Division to the INS what is
the next step?
A. INS will make the final
decision regarding the waiver and will contact the exchange
visitor directly.
Q.
Will I be notified by the Waiver Review Division that my application
has been forwarded to INS?
A. Yes. You will receive
a copy of the recommendation.
Q.
If my application is denied, will I be notified of the reasons
why?
A. Yes.
Q.
What is the reason most applications are denied?
A. Applications are denied
because the reasons given for requesting the waiver do not outweigh
the program and policy considerations of the exchange visitor
program. For this reason, "no objection" applications in Fulbright/USAID
funded programs are generally denied.
Q.
Is there an appeal process for denials/unfavorable recommendations
for a waiver by the Waiver Review Division?
A. There is an internal
agency review process but there is no formal appeal process
for the applicant. However, the visitor may be eligible to reapply
based on another statutory ground, e.g. if the first application
was based on a "no objection" statement from the applicant's
home country and then reapplies based on an interested U.S.
Government agency (IGA) request, a claim of exceptional hardship
to a U.S. citizen or legal permanent resident spouse or child(ren),
or based on a fear of persecution if the applicant is required
to return to his/her home country.
Q.
What if I have new information that may affect my eligibility
for a waiver recommendation? Can I just send that to the Waiver
Review Division and ask for a reconsideration of my previously
denied application?
A. If you have already received
a final determination from the Waiver Review Division denying
your request for a waiver recommendation, you must apply again
from the beginning for a waiver recommendation. You can use
this new information to support your reapplication. You must
follow all procedures for reapplication that you followed for
your initial application, including payment of the fee. If your
application is still pending with the Waiver Review Division,
and you have not received a final determination yet, you should
send the new information to the Waiver Review Division for their
consideration with your file. Please write your waiver case
number on any documentation you send and on the outside of the
envelope. Please note the CORRECT ADDRESS to send documentation.
Q.
My exceptional hardship application was denied by INS. Can
I ask for reconsideration?
A. Yes. Requests to reopen
an exceptional hardship application are made through the INS.
If INS determines the new information warrants a reopening of
the case, INS will forward a new Form I-612 application to the
DOS for its consideration.
Q.
My application based on fear of persecution was denied by INS.
Can I ask for reconsideration?
A. Yes. Requests to reopen
persecution applications are made through the INS. If the INS
determines that new information warrants reopening of the case,
INS will forward a new Form I-612 application to the Department
for its consideration.
Back to top.
Miscellaneous
Questions
Q.
Can I serve my two-year home residence requirement in the US
or a third country?
A. The period of time a
former exchange visitor spends in the US or a third country
may count towards fulfillment of the two-year home residence
requirement if the person is employed by his or her government
in its military service or career foreign service and that person
is serving in a country other than the home country at the behest
of his/her government. Before the Department can determine that
the individual has satisfied the foreign residence requirement,
we require a written statement from an official of the home
government (through the home-country's embassy in Washington,
D.C.) that the individual was or will be serving in the U.S.
or third country in the service of his/her home country and
at that government's request.
Q.
How do I know what my case number is?
A. The case number is at
the top portion of the letter you will receive after you have
submitted your Data Sheet application and the processing fee.
The letter will explain the procedures and documentation necessary
for your waiver review request. If there were prior applications,
the case number remains the same no matter how long the case
history becomes.
Q.
Can you tell me which areas have been designated underserved
by the U.S. Department of Health and Human Services?
A. We do not have this information.
Please contact the U.S. Department of Health and Human Services,
the agency which determines underserved areas.
Q.
How do I get a copy of the Data Sheet?
A. Please contact Visa Services
at 202-663-1225.
Q.
If I come in person to the Visa Office in Washington, D.C.,
will someone be able to speak to me about the status of my case?
A. No. Please do not travel
to Washington, D.C. for this purpose. The Visa Office unfortunately
does not have an "in-person" information service. You may obtain
your application's status from our automated system by calling
202-663-1600. If you need to speak to an officer about the waiver
review process, you may contact the Public Inquiries Division
at (202) 663-1225. Again, however, there is no need to check
on the status of your application. You will be contacted if
anything is needed from you and you will be notified when a
final determination has been made. Until you are notified that
your request for waiver recommendation is approved, you must
consider yourself without a waiver of the 212(e) home-residence
requirement and act accordingly.
Back to top.
|
