The Law Offices of Diana Levy, P.A. - Non Immigrant Visas - Page 16
The Law Offices of Diana Levy, P.A. - Non Immigrant Visas - Page 16
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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