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I went to the US on a J-1 visa (Research Scholar) as an Adjunct Research Assistant Professor at a US University. I was only on the salary I was getting from the university without any external funding from the government or from an international organization. Is the salary I got per month considered direct or indirect funding? Thank you so much

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    In what context?
    – Jon Custer
    Jun 14, 2023 at 17:34
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    The advisory opinion states that I am subject to 212(e) which is the two-year home residency because I have received direct/indirect funding. The only thing that I received is a salary from the university but nothing else. I want to apply for a waiver for this requirement. So I need to know if this legally is correct or not. If a salary is not considered funding, how can I prove this? Is there an article in a specific law that explains this?
    – Naps
    Jun 14, 2023 at 17:45
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    So this is for a visa application? If your salary would not be direct or indirect funding (those are defined in your institution's cost accounting standard) I'm not sure what else they would call it.
    – Jon Custer
    Jun 14, 2023 at 17:52
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    Yes, for a visa application. It is very crucial to me to know if this is considered funding or not. The problem is that they are considering it a funding. So I would call it a salary and not a funding but I am asking if anyone has an idea on this matter. I want to inquire also if there is a way to prove the difference in my waiver in case funding and salary are different terms.
    – Naps
    Jun 14, 2023 at 17:59
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    Do you have form DS 2019?
    – Bryan Krause
    Jun 15, 2023 at 4:25

2 Answers 2

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I am not an expert, but as far as I have the understood 212(e) 2-year return requirement, the crucial question is where did the money that funded your (exchange) stay in the USA come from. If (part of) that money was provided by the US government or by the government of your country of origin the 212(e) rule applies. This funding could have provided to you directly (e.g. in the form of a stipend), or indirectly (e.g. funds provided to your university that were used to pay your salary). So the question is: where did the money come from that the university used to pay your salary?

What exactly counts and doesn't count for this I cannot say, and you should consult an immigration expert for this.

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    That said, if the university considers this a "funding" there's a good chance they are right. Universities deal with immigration laws often, and they know the source of the money. Mistakes do happen, but OP should start to make peace with the fact that likely their classification isn't wrong.
    – xLeitix
    Jun 15, 2023 at 7:27
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[I suspect that the distinction between direct/indirect funding is one defined in immigration/visa law, and unrelated to the use of the term we academics are familiar with. But in the end, this does not matter, because:]

From a legal perspective, "external funding" is money the government (or some other organization) gives to your university and not you. Your university then pays you a salary. For the purposes of visas and similar things, what matters is that you got a salary from your university. Where the university got that money from is not important.

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    Though I'm not an expert in this, from what I can tell where the money came from is indeed the thing that matters, and it's not about a distinction between direct vs indirect but rather about (direct or indirect) funding from the US or other governments.
    – Bryan Krause
    Jun 15, 2023 at 4:32

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