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.

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.

Q: Which country's skills list applies to me?
A: USCIS has begun identifying cases affected by this policy modification in each field office and service center. Each office will evaluate the pending cases and will adjust their workload accordingly. USCIS anticipates the majority of the cases subject to this policy modification will be processed by mid-March 2008. We recommend customers wait until March 10 before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.

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.

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.

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
1005 Convention Plaza  (Box 952137)
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.

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.

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.

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.

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.