When Should an Advisory Opinion Come Before a J-1 Waiver Application?
An Advisory Opinion can be the better first step when there is a genuine question whether INA §212(e) applies. A person who is not subject does not need a waiver.
Use an Advisory Opinion to answer the threshold question
DOS states that a person who does not know whether §212(e) applies may request review by the Waiver Review Division.
The review examines the J program record
DOS asks for the program description, dates, funding information, all DS-2019 or IAP-66 forms, the J visa page, and other relevant evidence.
A favorable not-subject determination may avoid the waiver entirely
If the Waiver Review Division determines that the person is not subject, there is no need to obtain a waiver of a requirement that does not apply.
If DOS says the person is subject, waiver strategy comes next
The current Advisory Opinion instructions direct an applicant found subject to review the waiver application procedures.
Frequently Asked Questions
Do I need a waiver if DOS says I am not subject?
No.
What is the purpose of an Advisory Opinion?
To determine whether the two-year home-country physical presence requirement applies.
Can I seek a waiver after an Advisory Opinion says I am subject?
Yes.
Need Help With a J-1 Waiver?
The Messersmith Law Firm represents J-1 exchange visitors, physicians, researchers, professionals, and families in complex INA §212(e) matters.
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