Starting a J-1 Exchange Visitor Program Gloria Law, Immigration Consultant 510.761-8821 [email protected]Lisa Harris, Associate Director of Student Services, Palo Alto University 650.433-3851 [email protected]NAFSA Region XII Conference October 25, 2012
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Starting a J-1 Exchange
Visitor Program Gloria Law, Immigration Consultant
“The purpose of the Exchange Visitor program is to promote mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges.”
Mutual Cultural and Exchange Act of 1961
J-1 Categories
Academic Programs
Student
Non-degree
Degree
Research Scholar
Short Term Scholar
Professor
Specialist
Trainee
Public Programs
Alien Physician
Au Pair
Camp Counselor
Intern
Student, (High School)
Work/Travel
Teacher
Trainee
TOPICS to be covered:
Why apply for J program (students/scholars)?
Issues to Consider
DS-3036 Application Steps
Pre-requisites
Selection of Exchange Visitors
Program Costs/Management
Health Insurance
Pre-Arrival and Orientation
Getting Help
Why have J Scholars?
Assists schools/institutions in inviting
faculty and researchers from abroad
which in turn fosters research
relationships in the current global
economy.
Allows payment of international faculty
for their research/teaching.
J-2s (J-1 dependents) are eligible for broad
work permission by application to USCIS.
Why have J students?
To establish exchange agreements with other
institutions abroad which fosters reciprocal
study abroad programs
Easier development of non-degree programs.
More flexibility in defining full-time status.
J students can work on campus, and under
academic training (18 months maximum)
Some foreign governments prefer their
students to visit U.S. in J status
What is the two year home residency
requirement?
Requires J-1 visa holder, at the end of
his/her J program to not return to the
U.S. using an H-1B, L-1 visa or LPR for
two years
Is applied at the visa officer’s discretion
If person is funded by his/her government
If area of study/research is on Skills List
If marked incorrectly, can be challenged
J-1 Time limitations – Duration of Status
J-1 Scholars
Five year Maximum
24 month bar
Short-term scholars may not extend stay beyond 6 months nor change status inside the U.S. through USCIS if subject to the 2 year home residence requirement.
J-1 Students
J-1 students get duration of status. However, a J-1 student may not change his status to J-1 scholar until the student has been out of J status for at least 12 months.
Some Issues to Consider
J regulations require at least five J visitors per