J-1 waiver decision

gbarrenh

New Member
I have applied to a J-1 waiver based on the fact that my DS2019 states I am subject to the 2YR HRR.

The DOS website states the DECISION to be "NOT SUBJECT" and that a 212(e) FINDING LETTER has been "SENT"

Could anyone help me interpret this? What does this mean? Was I granted the waiver or not?
 
It means that you are NOT SUBJECT to the 2YR HRR and you don't need a waiver. My DS 2019 stated that I am NOT SUBJECT but when I asked for advisory opinion from the DOS, they said that I was SUBJECT to the 2YR HRR. I guess sometimes they (whoever indicated if you are subject or not on your DS 2019) make mistakes. Did you get your finding letter yet?
 
Thanks for the response!

No, I have not gotten the letter yet - the website shows that it was SENT on 10/20 so I would expect it should arrive this week sometime (hopefully)...

Can't wait to get it...hope it doesn't take longer than that...
 
Not subject dos j-1 waiver decision

Thought I should share my ordeal since there is not much on the web about a similar scenario.

I am a J-1 research scholar whose DS-2019 states that I fall under the 2YRHRR based on the Skills List for my country (at least, according to the US Counselor in my home country who awarded me the J-1 VISA on my passport and stamped my DS-2019).

I was not funded by any agency (whether international or US) and hence had no ties to my home country.

I applied for a J-1 waiver on the basis of obtaining a no-objection letter from my embassy, which was easily done, in my situation.

Within a month from submitting all materials, the status for my J-1 waiver application on the DOS website changed from PENDING to NOT SUBJECT. I freaked out because I was not sure what the NOT SUBJECT meant (e.g. perhaps not subject to the waiver). In addition, I noticed there was a notice of 212(e) finding letter SENT.

Within less than a week, a letter from the DEPT OF STATE arrived at my address:

"The Department has determined that the above exchange visitor is not subject to the 2-year residency requirement of Section 212(e) of the Immigration and Nationality Act, as amended, based on the following data:

DS-2019 (IAP-66): MY NUMBER
Program Number: MY PROGRAM NUMBER

It appears there were no government funds involved in the program and the Skills List is not applicable in this case, therefore it is not necessary to process a waiver on the exchange visitor's behalf.

Should the exchange visitor wish to request a change in visa status, an application may be made directly to the District Office of the United States Citizenship and Immigration Services having jurisdiction over the exchange visitor's temporary place of residence in the United States.

We hope this information is helpful"

Needless to say, I was ecstatic, specially after hearing some of the J-1 waiver horror stories from different forums.

Good luck to you all - hope my journey was inspiring and helpful to some of you in the same situation.

09/20/2010 - ALL DOCUMENTS SENT TO DOS
09/20/2010 - NO-OBJECTION LETTER REQUEST SENT TO DC EMBASSY
09/27/2010 - DOS RECEIVED ALL DOCUMENTS EXCEPT FOR EMBASSY LETTER
10/05/2010 - EMBASSY NOTIFIED ME OF SENDING N.O. LETTER TO DOS
10/19/2010 - NO OBJECTION EMBASSY LETTER RECEIVED BY DOS (WEBSITE)
10/20/2010 - DOS RULED "NOT SUBJECT"+ 212(e) FINDING LETTER SENT
10/25/2010 - FINDING LETTER ARRIVED!!!!!
 
Thanks for the response!

No, I have not gotten the letter yet - the website shows that it was SENT on 10/20 so I would expect it should arrive this week sometime (hopefully)...

Can't wait to get it...hope it doesn't take longer than that...


Can you please tell me what website I can check the status of my advisory opinion request? DOE got my request 6 weeks ago and I would like to know what's going on .

Thank you!
 
Currently, Im on a j1 visa. I single. Is there a way I can waive the 2 years residency? Because I consulted an immigration lawyer and he told me that in the Philippines they dont usually waive the residency unless you get marry (to a citizen) or get pregnant. Is this true?
 
Not subject dos j-1 waiver decision

Thought I should share my ordeal since there is not much on the web about a similar scenario.

I am a J-1 research scholar whose DS-2019 states that I fall under the 2YRHRR based on the Skills List for my country (at least, according to the US Counselor in my home country who awarded me the J-1 VISA on my passport and stamped my DS-2019).

I was not funded by any agency (whether international or US) and hence had no ties to my home country.

I applied for a J-1 waiver on the basis of obtaining a no-objection letter from my embassy, which was easily done, in my situation.

Within a month from submitting all materials, the status for my J-1 waiver application on the DOS website changed from PENDING to NOT SUBJECT. I freaked out because I was not sure what the NOT SUBJECT meant (e.g. perhaps not subject to the waiver). In addition, I noticed there was a notice of 212(e) finding letter SENT.

Within less than a week, a letter from the DEPT OF STATE arrived at my address:

"The Department has determined that the above exchange visitor is not subject to the 2-year residency requirement of Section 212(e) of the Immigration and Nationality Act, as amended, based on the following data:

DS-2019 (IAP-66): MY NUMBER
Program Number: MY PROGRAM NUMBER

It appears there were no government funds involved in the program and the Skills List is not applicable in this case, therefore it is not necessary to process a waiver on the exchange visitor's behalf.

Should the exchange visitor wish to request a change in visa status, an application may be made directly to the District Office of the United States Citizenship and Immigration Services having jurisdiction over the exchange visitor's temporary place of residence in the United States.

We hope this information is helpful"

Needless to say, I was ecstatic, specially after hearing some of the J-1 waiver horror stories from different forums.

Good luck to you all - hope my journey was inspiring and helpful to some of you in the same situation.

09/20/2010 - ALL DOCUMENTS SENT TO DOS
09/20/2010 - NO-OBJECTION LETTER REQUEST SENT TO DC EMBASSY
09/27/2010 - DOS RECEIVED ALL DOCUMENTS EXCEPT FOR EMBASSY LETTER
10/05/2010 - EMBASSY NOTIFIED ME OF SENDING N.O. LETTER TO DOS
10/19/2010 - NO OBJECTION EMBASSY LETTER RECEIVED BY DOS (WEBSITE)
10/20/2010 - DOS RULED "NOT SUBJECT"+ 212(e) FINDING LETTER SENT
10/25/2010 - FINDING LETTER ARRIVED!!!!!


Hi, I am in the same situation. I am subject to 2YRHRR based on the Skills List for my country however funding was not from the government. My government does not issue No-objection letters to anyone. I don't know what to do. I have a job where the university is willing to sponsor my H1.
 
Top