How to Request a Department of State J-1 Advisory Opinion

An Advisory Opinion is not a waiver application. It asks the Waiver Review Division to review the exchange visitor's program documents and determine whether the two-year home-country physical presence requirement applies.

It can be particularly useful when a visa and DS-2019 contain conflicting notations, the funding history is unclear, an older program is involved, or a change to the Skills List may affect the original subject determination.

DOS states that the J-1 exchange visitor, the exchange visitor's attorney, or the responsible or alternate responsible officer for the program may request an Advisory Opinion. DOS also states that there are limited situations in which a J-2 spouse or child may request an Advisory Opinion.

A representative should identify the exchange visitor clearly and provide enough information for DOS to connect all of the relevant J program records.

DOS currently accepts Advisory Opinion requests only by email and instructs applicants not to mail or fax them. The published email address is 212eAdvisoryOpinion@state.gov.

The request should describe the J-1 program or programs, the dates of participation, the sources of program funding, and other facts that may affect whether §212(e) applies.

DOS asks for legible PDF copies of every Form DS-2019 or IAP-66 ever issued, including forms from programs for which the exchange visitor believes the requirement has already been fulfilled. DOS also requests the J-1 visa page and its Supplementary Applicant Information Page.

If the request depends on time already spent satisfying the foreign residence requirement, the applicant should include proof of that qualifying time as directed by DOS.

A useful request should make the question easy to identify. If the issue is funding, explain the funding chain and attach the records that show who financed the exchange. If the issue is the Skills List, identify the relevant admission or acquisition-of-status date and country. If several J programs are involved, provide a complete chronology.

The purpose is not to argue a waiver case. It is to give the Waiver Review Division a complete record for deciding whether the requirement applies.

The current DOS Advisory Opinion page states that review generally takes four to six weeks. If a case number exists, DOS allows the requester to use J Visa Waiver Online to check status.

The determination is sent by email. If DOS determines that §212(e) applies, the exchange visitor can then decide whether to satisfy the requirement or pursue an available waiver basis.