| J-1 Exchange Visitors
The
first step in attaining exchange visitor status is for the
sponsoring organization or agency to formulate an exchange
program and present it to the Department of State for approval.
J-1 program sponsors include federal, state, or local government
agencies like the Department of State, the Agency for International
Development, and the State Department's Bureau of Educational
and Cultural Affairs itself; international agencies and organizations;
educational institutions such as schools, libraries, museums,
and institutions devoted to scientific and technological research;
educational consortia; hospitals and related institutions;
non-profit associations, foundations, and institutes; business
and industrial concerns; and host organizations to international
conferences.
The application for program designation must satisfy the
following general criteria:
- The program must be a bona fide educational and cultural
exchange program, and the applicant should clearly define
the specific purposes and objectives of the program;
- The program must provide for at least five exchange visitors
per year;
- The program must provide cross-cultural activities for
the exchange visitor;
- The program must be reciprocal whenever possible;
- All non-government sponsored programs must allow for a
minimum stay in the United States for any exchange visitor,
except short-term scholars, of three weeks;
- Applicants must provide information regarding the sponsoring
organization's legal status, citizenship, accreditation,
and licensure;
- Non-government applicants must show that they are financially
stable and that they will be able to fulfill all of their
financial duties related to the exchange visitor program,
including the ability to provide return-trip airfare for
exchange visitors to their home countries;
- Applicants must assure that the purpose of the program
is not to fill staff vacancies and that the program will
not adversely affect the U.S. labor market;
- Applicants must assure that every exchange visitor will
be adequately covered with insurance while participating
in the exchange program; and
- Applicants should provide full details regarding the selection,
placement, orientation, evaluation, and supervision of the
exchange visitors. If other organizations are involved,
either in the United States or overseas, with the selection,
placement or orientation, full details should be given about
them.
To obtain a J-1 nonimmigrant visa the noncitizen must establish
to the satisfaction of the consular officer that:
- the noncitizen has been accepted and intends to participate
in an approved exchange visitor program;
- the noncitizen has, or has been assured of, sufficient
funds;
- the noncitizen has adequate knowledge of English or, except
for a noncitizen coming to participate in a graduate medical
education or training program, has been accepted by the
sponsoring organization with knowledge of deficiency in
this respect; and
- the noncitizen meets the requirements of Immigration and
Nationality Act (INA) § 212(j) if coming to participate
in a graduate medical education or training program.
The types of exchange visitors encompassed by this program include
but are not limited to: students, professors and research scholars,
short-term scholars, trainees, specialists, foreign medical
graduates, international and government visitors, teachers,
camp counselors and au pairs.
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