Can an Advisory Opinion Resolve a Dispute About J-1 Government Funding?
Yes. When the applicant is uncertain whether exchange participation was qualifying government financed, the Waiver Review Division can review the program and funding documents and make an official determination under INA §212(e).
Funding disputes are subject-status disputes
If qualifying government financing existed, the applicant may be subject regardless of whether the program documents contain consistent annotations.
Explain the funding structure in the request
The Advisory Opinion submission should clearly identify each program, its dates, the claimed funding sources, and why the applicant believes the funding trigger does or does not apply.
Submit the supporting program documents
DOS requests all DS-2019 or IAP-66 forms and information about program financing when reviewing subject status.
Use the official determination before choosing a waiver strategy
If WRD concludes that the person is not subject, a waiver is unnecessary. If WRD determines the person is subject, the funding facts can affect the later choice of waiver basis.
Frequently Asked Questions
Can WRD decide whether disputed funding triggers 212(e)?
Yes.
Should funding records accompany the request?
Yes.
Do I need a waiver if the Advisory Opinion says I am not subject?
No.
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.
Contact Us