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The ABCs of Immigration: May 22, 2000 J-1 Visas for Exchange Visitors - J-1 Visas May 22, 2000 (Siskind, Susser, Haas & Devine) Persons coming to the U.S. in an approved exchange program may be eligible for the J-1 Exchange Visitor's visa. J-1 programs often cover students, short-term scholars, business trainees, teachers, professors and research scholars, specialists, international visitors, government visitors, camp counselors and au pairs. In some cases, participation in a J-1 program will be coupled with the requirement that the beneficiary spend at least two years outside of the U.S. before being permitted to switch to a different non-immigrant visa or to permanent residency. The J-1 visa is given to those who will be entering the US to participate in an approved educational or cultural program. The J-1 non-immigrant visa category was created to promote educational and cultural exchange activities between the United States and other countries. First begun in 1948, the J-1 exchange visitor program is presently overseen by the State Department. The program is credited with exposing millions of foreign visitors to the United States, its peoples, cultures, business techniques and educational institutions. The J-1 exchange visitor is broadly defined by the Immigration and Nationality Act (INA) as an alien having a residence abroad, which he has no intention of abandoning, who is a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge; who is coming temporarily to the United States as a participant in a program designated by the State Department for the purpose of teaching, instructing, lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training. Exchange programs are available for the following individuals: · College and university students· Secondary school students· Short-term scholars· Trainees· Teachers· Professors and research scholars· Specialists· Alien physicians· International and government visitors· Camp counselors· Summer work/travel students· Au pairs· Special education exchange visitorsThe limits of a person’s stay in each type of program, as well as the activities allowed in each program, are discussed below. College and University Students Secondary School Students Short-Term Scholars Trainees · Arts and culture· Information media and communications· Education, social sciences, library science, counseling and social services· Management, business, commerce and finance· Health-related occupations· Aviation· Science, engineering, architecture, mathematics, and industrial occupations· Construction and building trades· Agriculture, forestry and fishing· Public administration and law· Other fields specified by the program sponsorThe training cannot duplicate training the alien has already received, and must provide training at the appropriate level. The maximum period of stay is 18 months, 24 months for aviation training programs. Teachers · Be qualified to teach primary or secondary school in their home country· Meet the standards of the US state in which they will teach· Be of good reputation and character· Intend to teach full time at an accredited primary or secondary school· Have three years of teaching experience.Professors and Research Scholars Specialists Alien Physicians International and Government Visitors This category is reserved for the exclusive use of US federal, state or local government agencies. International visitors are those selected by the State Department for consultation, observation, training or demonstration of special skills in the US. Government visitors are essentially the same, only they are selected by governmental agencies. The maximum period of stay for international visitors is 12 months, and for government visitors it is 18 months. Camp Counselors A foreign national who is at least eighteen-years of age and either a bona fide youth worker, student, teacher or an individual with a special skill may qualify as a summer camp counselor. This category is limited to a four-month stay. Summer Work/Travel Students Au Pairs The au pair program is one of the most closely monitored of the exchange visitor programs. The category allows the entry of individuals between the ages of 18 to 26, who are coming to perform childcare services for a US host family while attending a post-secondary school. The foreign national must be proficient in English and a high-school graduate. Prospective au pairs are extensively screed, including a background investigation, criminal check, physical and psychological exams. The screening process for host families is almost as demanding. The host family must pay the au pair at least the minimum wage, and cannot request the au pair to provide more than 45 hours of childcare a week. The au pair must also be provided with a private bedroom. An au pair cannot be placed in the following situations: there is a child under three months in the home, unless a parent is home as well, or in a family where there are children under 2, unless the au pair has over 200 hours of prior infant care experience. The program sponsor must provide the au pair with at least eight hours of child safety instruction, and at least 24 hours of child development instruction. Special Education Exchange Visitors This category is limited to fifty individuals per year and permits an alien to enter the US for up to 18 months to obtain practical training and experience in the education of children with physical, mental or emotional disabilities. How the Exchange Visitor Program Works · United States federal, state and local government agencies;· International organizations of which the U.S. is a member and which have an office in the United States; or· Reputable organizations that are citizens of the United States.The sponsoring entity is required to submit an application (IAP-37) to the State Department and to comply with all provisions of 22 CFR Part 514. Alternatively, if State Department has not designated the organization as a sponsor, the organization may participate in the program through an intermediary, known as an umbrella organization, which acts as the sponsoring agency. The Two-Year Home Country Physical Presence Requirement · The alien's participation in an exchange visitor program was financed by the government of the country of his or her last residence;· At the time of admission, the alien was a national or resident of a country which USIA had designated as clearly requiring the services of individuals with the alien's special skills or knowledge; or· The alien came to the United States to receive graduate medical education or training.Limited waivers of the two-year foreign residence requirement are available in certain situations. 2000, Siskind, Susser, Haas & Devine. All Rights Reserved. WARNING: Immigration law changes frequently. While these newsletters are intended to provide useful information, they are not updated after their initial publication and you are always strongly advised to consult competent legal counsel before relying on anything contained herein. Siskind, Susser, Haas and Devine assumes no liability for any reliance on information provided in any bulletin. |
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