This Post could have many different titles, refer to many common terminologies, and pose many different / related questions. We need to first try to encompass all of these items before addressing the main topic of the “Advisory Opinion.”
A J1 can also be called an Exchange Visitor, or be linked to a common field associated to the J Visa:
The J1 Visa Restriction can also be termed:
The common related questions could be:
An Advisory Opinion is a clear statement on whether someone is or is not subject to the J1 Restriction. If an Advisory Opinion states NOT SUBJECT, and the DS-2019 or Visa states SUBJECT, the Advisory Opinion is ALWAYS Correct.
Two factors determine whether someone is SUBJECT: (1) Country and (2) Field and Knowledge.
The Following Countries are Subject:
Source: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/skill-list-by-country.html
The Skills List is a 25-page document with many categories/fields/subjects. Search for your field of knowledge/skill, not to be confused with your Subject/Field Code number. The Number is “Specific” and you need to broadly view the entire field. Example, if you are a 5th grade math teacher, you are generally subject because:
13.12 Teacher Education and Professional Development, Specific Levels and Methods (including all types of levels and types of teaching including, but not limited to Adult and Continuing Education; Early Childhood, Elementary, Middle School and Secondary Education; Montessori Teacher Education; and Waldorf/Steiner Teacher Education)
13.13 Teacher Education and Professional Development, Specific Subject Areas (including, but not limited to Agriculture; Art; Business; Computers; Drama; Driver Safety; English, Foreign Languages; Geography; Health; History; Home Economics; Industrial Arts; Sales and Marketing; Math; Music; Physical Education; Psychology; Reading; Science; Social Studies; and Speech)
If your field of knowledge/skill is not listed, find the broader, more general subject group that it falls under. Every field of knowledge/skill is listed on the Master Skills List or is part of a broader, more general subject group.
Source: https://www.federalregister.gov/documents/2009/04/30/E9-9657/2009-revised-exchange-visitor-skills-list
Then an Advisory Opinion may be beneficial.
The J1 Restriction can affect what you do next. The Restriction can prevent:
The J1 Restriction means you have to return to your home country for a minimum of 2 years. That restricts:
If you are not able to return or remain in the home country for the 2 year residency period, many then need to persue are possibly timely or expensive J1 Waiver process. The Advisory Opinion would determine if a waiver would be required. It may be economical to know if a 1 year long waiver is needed, or if you need to pay for the DS-3035 Waiver Filing Fee, or if you need to pay for the I-612 / $930 Waiver Filing Fee.
Thus, seeking an Advisory Opinion may be beneficial to get the answers / final determination needed on the very important topic:
Am I SUBJECT or NOT SUBJECT to the J1 212(e) Specials Skills List.
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