Several questions have been posed to the U.S. Department of State to obtain clarification about the new 3/31/00 fee processing rule for 212(e) waivers. Please see questions and answers below. Also, to keep up on latest information publicly available from the State Dept on J-1 waivers please go to http://www.travel.state.gov/jvw.html For the new datasheet go to http://www.travel.state.gov/jdata.pdf
1. For case where No Objection or federal IGA or I-612 already requested or filed ( at INS or federal agency) prior to 4/1/00, what will happen to docs (no objection statement for example) that arrives at State as of 4/1/00 or after -- without a case number noted on the docs?
Answer: Three month delay through 6/30/00 of requirement that all documents without case number will be returned. VO will review again in June and determine if further delay appropriate. No documents are being returned at this time.
2. For case already at State with a State case number but no fee paid yet as of 4/1/00 -- can these cases be paid through St. Louis as of 4/1/00? (different response if fee requested by State but not yet paid, as compared to State has not yet requested fee?)
Answer: Yes best to pay all fees through St. Louis vendor/bank. For cases already pending pre 4/1/00 but no fee request yet received from State: if fee paid from St. Louis you must submit datasheet (using latest State Department format, as posted on State Dept web page) and must put case number on datasheet. The fee payment will be transmitted to VO/ WRD (Visa Office / Waiver Review Division).
3. Can State confirm what steps it is already taking to attempt to ensure that third parties other than the waiver applicant provide docs to State with case number? (i.e., steps with federal agencies, INS and/or foreign embassies) can State confirm that it will take additional steps in future concerning this issue (coordinating with third parties)?
Answer: Diplomatic communications have been sent to Embassies re No Objection statements. Letters have been sent to INS and federal executive agencies and state public health agencies.
4. Can State confirm what policy it will follow concerning docs that are received at the Department w/o case numbers after 4/1, so that J participant's rights are not negatively impacted? (i.e., docs shouldn't be returned but what should/will happen?)
Answer: As mentioned in the answer to question 1, no documents from third parties will be returned. Efforts will be made to accurately match up documents received to pending files. If the individual's name and birth date are not noted on the documents delivered to State, it will be very difficult to match up files.
5. For case where No Objection or federal IGA or I-612 already requested or filed prior to 4/1/00 but no State Dept case number yet (case not at State yet), should J participant send data sheet and $136 to St. Louis?
Answer: Yes.
6. Can State identify what its plans are with respect to the datasheet, and also confirm that the datasheet has not changed at all thus far. (i.e., Can same datasheet be used for now?) (I presume yes because it is on State's web page) and, is State going to make the datasheet an OMB form?
Answer: At some point the Department plans to have the datasheet reviewed, improved, and finalized as an official OMB form. In the meantime, the datasheet posted on State Department web page must be utilized and must be sent to the State Department's bank/vendor in St. Louis with the $136 fee. The Department has learned that the contractor in St. Louis is returning any datasheets that are not identical to the State Department's version (ie, old USIA version is not acceptable) and has instructed the contractor to accept only the new datasheet pursuant to the specific instructions on the website. The new form was posted 3/31/00 and can be found at http://www.travel.state.gov/jdata.pdf The Department's web page has been amended to confirm that the old datasheet is unacceptable. The new datasheet has a section that asks applicant to confirm the type of waiver being requested, which is key to the Department's data entry process.