It can often be difficult to determine if a J-1 Exchange Visitor is subject to the 212e Home Residency Requirement. In these cases, you can consider requesting a formal Advisory Opinion from the Waiver Review Division (WRD) at the U.S. Department of State, which has final authority for determining subjectivity.
You may complete the Advisory Opinion process online to get a case number to check the status of your request. The WRD has indicated they will no longer accept mailed or faxed applications.
- Go to the Department of State’s J Visa Waiver website, and click on “Complete a survey to help clarify whether or not you may be subject to 212(e).” Follow the instructions to complete the survey.
- After you have completed the survey, you will be given the option of applying for an Advisory Opinion or a Waiver → Select Advisory Opinion.
- Complete the online data entry for the advisory opinion request and a case number to check the status of your request online.
- Please send ISSS your case number.
- Collect the following documents:
- Legible copies of every/all DS-2019s/IAP-66 ever issued to you (including forms for programs in which you believe you have completed the two-year home residency requirement)
- Note: prior to the year 2003, DS-2019s were called IAP-66 forms
- Proof of time spent in your country completing the two-year home residency requirement, if applicable
- J-1 visa stamp in your passport
- Supplementary Applicant Information Page (accessible within the Advisory Opinion application)
- We recommend that you write a letter to the WRD, clearly stating your country of citizenship or last legal permanent residence at the time you obtained J-1 status and the date you obtained J-1 status, and clarify all funding received from all sources during your J-1 stay. Indicate the reason(s) you believe you are not subject to the two-year home residence requirement. Sign and date the letter
- Legible copies of every/all DS-2019s/IAP-66 ever issued to you (including forms for programs in which you believe you have completed the two-year home residency requirement)
- Email all required documents to: @email. Please do not mail or fax your request as they no longer accept them.
While the WRD indicates a processing time of 4 to 6 weeks, it is usually much longer. You can consider contacting them, but the best option is to check your case status online.
More information on requesting an advisory opinion is available from the Department of State.