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how to file an advisory opinion

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  • how to file an advisory opinion

    Hello,
    This question seems straight forward but I couldn't find a topic like this or I didn't know how to search properly.
    I am on a J1 visa and both my DS and visa have a two-year home residency on them. The reason that I should go back for two years as it appeared on my DS is "PL 94-848 as amended". Based on my online research this part is for medical students or doctors. This is very bizarre that I should go back for two years because:
    1- I am not funded by any government (self-fund)
    2- I am from Iran (so it's on the list of the countries that you need to go back)
    3- I am not a medical student. I barely passed a biology course in my life. My major is Sports science and health and my research is sports psychology and I am in a Psychology department here in the US. and my program number starts with p-1

    In my view, there was an obvious mistake here, and I think the advisory opinion should fix the situation.
    So here are my questions:
    1- do you agree with my view that I should not be subject to the home residency rule?
    2- If I file for the advisory opinion, how should I write the cover letter describing my program in a way that I convince them that I am not a medical student? Is there a template?

    I thank you for answering my question in advance!

  • #2
    The two year rule can apply to those from certain countries, no matter what they are doing while in J status, and no AO would change that.
    You may well be subject to this 2 yr rule if:
    "Your skills are deemed to be in short supply by your home country..."...there is a 'skills list' pertaining to each country in the world...if whatever it is that you are studying is on that list, then you are subject to 212e....regardless of the funding source or whether or not you are studying medicine.
    Last edited by HFM1919; 11-14-2021, 09:19 PM.

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    • #3
      Originally posted by HFM1919 View Post
      The two year rule can apply to those from certain countries, no matter what they are doing while in J status, and no AO would change that.
      You may well be subject to this 2 yr rule if:
      "Your skills are deemed to be in short supply by your home country..."...there is a 'skills list' pertaining to each country in the world...if whatever it is that you are studying is on that list, then you are subject to 212e....regardless of the funding source or whether or not you are studying medicine.
      Thnks for you answer, but as I said I am from Iran and Iran is not on that list: https://travel.state.gov/content/tra...y-country.html

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