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An exchange visitor, an exchange visitor's attorney, or the exchange visitor's RO/ARO may request a written advisory opinion from the Department of State Waiver Review Division on whether the exchange visitor is subject to Section 212(e). This can be requested when there is doubt or question about whether the exchange visitor is subject to 212(e), or when the exchange visitor may have been incorrectly found to be subject by a consular officer or immigration officer. It can only be requested if an exchange visitor is actually participating or has participated in an exchange visitor program... it cannot be requested prospectively before an exchange begins

Mail the following to the DOS Waiver Review Division:

• Legible copies of all DS-2019/IAP-66 forms
• A written request for an advisory opinion. Include details of why you are unclear about whether the exchange visitor is subject or why you believe the exchange visitor should not be subject. If the exchange visitor already has a Waiver Review Division Case Number, include that on the request as well.

Mail these materials to:

INA 212(e) Advisory Opinion Request
Waver Review Division, CA/VO/L/W
U.S. Department of State
2401 E Street, NW, (SA-1, L-603)
Washington, DC 20522-0106

Currently, there is no fee for this service.

An exchange visitor may request that the 2-year home country physical presence requirement be waived only on the following bases:

• Statement from the exchange visitor's home country that it has no objection to the waiver
• Request for waiver made by an interested U.S. government agency
• Interest of a state agency (only for alien physicians)
• Exceptional hardship to the U.S. citizen or permanent resident spouse or child of the exchange visitor
• Fear of persecution on account of race, religion, or political opinion

Effective December 1, 2008, 212(e) waiver applications must be initiated online on DOS's . This website reserves a case number, and generates a bar-coded document that must be mailed to the Department of State - it is not an application itself, and payments may not be made through this site.

After submitting the on-line applications, mail the following to the DOS Waiver Review Division:

• The bar-coded form and document packet as directed in the documents generated by the J Visa Waiver Online process.
• Two self-addressed, stamped, legal-size envelopes;
• Waiver processing fee in the form of a cashier's check or money order payable to the U.S. Department of State (personal checks are not accepted). The cashier's check or money order must include the applicant's full name, waiver case number, date and country of birth, and Social Security number, if any.
  • "Remittances must be drawn on a bank or other institution located in the U.S. and made payable in U.S. currency to the U.S. Department of State."
  • "If the applicant resides outside the United States at the time of application, remittances may be made by bank international money order or foreign draft drawn on an institution in the U.S. and made payable to the U.S. Department of State in U.S. currency."

Mail the above items in a single package to one of the following addresses, depending on whether is being sent via regular mail or via courier or express service:

For regular mail or USPS express mail:

US Department of State
Waiver Review Division
P.O. Box 952137
St. Louis, MO 63195-2137

For private express couriers:

US Department of State
Waiver Review Division
Box 952137
1005 Convention Plaza
St. Louis, MO 63101-1200