If you do not know whether the two-year home-country physical presence requirement applies to you, after having reviewed the Eligibility Information webpage, you can request that the Department of State, Waiver Review Division conducts an Advisory Opinion. An Advisory Opinion is a review of your exchange visitor program documents to determine if you are subject to this requirement.
You must send a written request to the Waiver Review Division asking that we conduct an advisory opinion to determine whether the two-year home-country physical presence requirement applies to you. You must include the following items with your written request:
INA 212(e) Advisory Opinion Request
Waiver Review Division, CA/VO/L/W
U.S. State Department
2401 E Street, NW
SA-1, L-603
Washington, D.C. 20522-0106
We will review your documents and determine whether the two-year home-country physical presence requirement applies to you. We will send our decision back to you in the self-addressed, stamped envelope you provide. Advisory opinion requests are only accepted by mail. You may not fax your request.
It will take the Waiver Review Division 4 to 6 weeks to review your request and determine whether the two-year home-country physical presence requirement applies to you.
Yes. If you have a case number, you may check the status of your advisory opinion request by visiting the J Visa Waiver Online webpage and selecting “Check the status.”
If you do not have a case number, you may contact Visa Services’ Public Inquiries Division at (202) 663-1225. Do not contact the Waiver Review Division.
You, as the J-1 exchange visitor, your attorney, or the responsible/alternate officer for the exchange visitor program you participated/are participating in may request an advisory opinion from the Waiver Review Division to determine if you are subject to the two-year home-country physical presence requirement. Review the FAQs to learn about the limited situations where the spouse or child of a J-1 exchange visitor can request an advisory opinion.
Review the Instructions for How to Apply for a Waiver.