J-1 2yhrr

sannie7

Registered Users (C)
I am on a J-1 visa (trainee) and did an internship at a government agency.
My visa states that I am NOT subject to the two year-home requirement, whereas the lady from the International Program Office says I am... although I didn't receive any funding from the US government.

What should I do?
 
Form DS-2019 and I-94

sannie7 said:
What should I do?
Your visa sticker is just a travel document. You should first check all your DS-2019 (formerly IAP-66) forms and form I-94 (back side). If you are not sure about 212(e) INA 2Y HRR, you may ask Department of State about ‘Advisory Opinion’.
 
Streamflow said:
Your visa sticker is just a travel document. You should first check all your DS-2019 (formerly IAP-66) forms and form I-94 (back side). If you are not sure about 212(e) INA 2Y HRR, you may ask Department of State about ‘Advisory Opinion’.


Well, in fact my DS-2019 states that I am NOT subject to the 2YHRR and my I-94 doesn't either...
how reliable is this?
 
Arguments

sannie7 said:
... whereas the lady from the International Program Office says I am... although I didn't receive any funding from the US government.
Could you please provide arguments of the lady from the International Program Office?
 
Last edited by a moderator:
Streamflow said:
Could you please provide arguments of the lady from the International Program Office?

On my DS-2019 it says my Sponsor is the Government Agency and under funding it says: current sponsor funds $1,200 (although I personally didn't receive this money) and personal funds (that I provided myself!)
She says it's a government program and the $1,200 were for providing me with a pc, workspace etc. Is that funding?
 
> On my DS-2019 it says my Sponsor is the Government Agency
> and under funding it says: current sponsor funds $1,200
> (although I personally didn't receive this money) and personal
> funds (that I provided myself!)
> She says it's a government program and the $1,200 were
> for providing me with a pc, workspace etc. Is that funding?

Get an advisory opinion. I believe there is no fee for it and it takes 4-6 weeks to get back to you. This is the only opinion that counts.

The $1200 might in fact trigger a HRR. To make matters worse, as it is US goverment funding you won't be able to get rid of it with a 'no objection waiver'. Paying the goverment back also won't help. I know of a geoscientist who got bitten by a $500 travel grant that his PI accepted to fund a trip to a conference. (It took him like 7 years on O-1 with vacations back home to get rid of it.)
 
> I would apply for a waiver as the same government agency
> wants me to stay.

Would that be an IGA (interested goverment agency) waiver ?
 
definitely get an advisory opinion. Other than that - to the best of your knowledge, you are not subject to HRR.
 
hadron said:
> I would apply for a waiver as the same government agency
> wants me to stay.

Would that be an IGA (interested goverment agency) waiver ?

yes. the government agency would apply for a waiver.
 
http://travel.state.gov/visa/temp/info/info_1294.html#advisory

Advisory Opinions

Q. What is an advisory opinion for a waiver recommendation case?

A. An advisory opinion is a request for a statement from the Waiver Review Division as to whether an exchange visitor is subject to Section 212(e) of the Immigration and Nationality Act, as amended.

Q. When should I request an advisory opinion?

A. You should only request an advisory opinion after you have participated in a J-1 program and you have doubts whether you are or are not subject to Section 212(e).

Q. Can anyone request an advisory opinion on my behalf?

A. Yes. Your attorney or your responsible/alternate officer may request an advisory opinion for you.

Q. What information should I include in my request for an advisory opinion?

A. You should mail legible copies of all your DS-2019/IAP-66 forms along with the written request for an advisory opinion. We do not recommend sending your request by fax because DS-2019/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 DS-2019/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.
 
US government funding and No Objection Letter

hadron said:
To make matters worse, as it is US goverment funding you won't be able to get rid of it with a 'no objection waiver'.
Hadron, I don’t agree with you. Correct statement is: “If the applicant received US government funding, a No Objection Letter (NOL) from the home country will have limited effect.” Approximately one year ago I got a J-1 waiver based on NOL from my home country embassy in Washington DC. Some of my funding came from National Science Foundation (NSF) and in my first IAP-66 (currently DS-2019) the box ‘This program sponsor has received funding from US Government Agency (NSF)’ was checked. For this reason, I was a subject of 2Y HRR.

If the applicant received US government funding, the government sponsor is contacted for its views regarding the grant of a waiver. This stage of a waiver consideration is known as ‘Sponsor views’. If the government sponsor objects, a NOL from the home country will have limited effect, and the Department of State will generally make an unfavorable recommendation. A research scholar who is working on a project funded from a US government research grant awarded to an institution for a specific research objective is not considered to be subject to 2Y HRR on grounds of government funding. The scholar would be subject, however, if the government funding were awarded for an international exchange objective.
 
So, let's say if I received funding by the government (and even the smallest amounts because of the PC, pens, paper... that I am using)... can the same government agency apply for my waiver when they have a sponsor that would sponsor my H-1B?
 
sannie7 said:
Can they apply for the waiver on my behalf?
I think so. Officially your local boss (or a lady from the International Program Office) should write a letter and request a waiver. However, you should contact POC from the government agency before and ask to send relevant instructions regarding a waiver procedure. Some government agencies (e.g. NSF) require that an applicant exhausts NOL procedure before the government agency can become involved as an interested federal agency (IGA). In other words an applicant should first apply for a J-1 waiver based on the NOL from the applicants’ home country and this NOL waiver should be denied by DOS or (USCIS). Anyway try an ‘Advisory Opinion’ from DOS first!
 
I am trying to get out the Adivsory Opinion and the Waiver application at the same time. If I wait for the Advisory Opinion and then start the waiver application, it will take months!
I don't have that time... my sponsor wants me to start on a different visa in October.
Of course, all this comes out last minute with no time on your hands. :(
 
> I don’t agree with you. Correct statement is: “If the applicant received
> US government funding, a No Objection Letter (NOL) from the home
> country will have limited effect.”

I bow to superior first hand knowledge. The friend of the family who got stuck with an HRR received a $500 travel grant somehow through the Fullbright program. Now, the Fullbright program is distinctively for international exchange, hence the NOL denial.

Good to know.

Even if you are stuck with a HRR, an IGA waiver should be pretty much a 100% deal. The timing might be a problem though. I have no idea how long an advisory opinion takes these days.
 
I talked to two people at the DOS... one told me it takes 4 weeks, the other said 2 months... in either case I'll be better off to apply for the waiver as well now!
 
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