Intro to Student and Exchange Visitor vISAS

1. Intro to Student and Exchange Visitor vISAS Lisa Felix, Klasko Immigration Law Partners, LLP Community College of Philadelphia – January 25, 2018

2. Students and Exchange Visitors • F-1 Status – Nonimmigrant pursuing a full course of study for a specific educational objective at an established educational institution. See INA § 101(a)(15)(F) and 8 C.F.R.§ 214.2.(f) • M-1 Status – Nonimmigrant pursuing a full course of study at an established vocational or recognized nonacademic institution. See INA § 101(a)(15)(M) and 8 C.F.R.§ 214.2.(m) • J-1 Status – Nonimmigrant participant in the Exchange Visitor Program. See INA § 101(a)(15)(J) and 22 C.F.R. Part 62

3. Students and Exchange Visitors Key concepts common to F-1, M-1, and J-1 • Monitored through SEVIS (Student and Exchange Visitor Information System) • Nonimmigrants and requirenonimmigrantintent • Full-time “established program” • Program sponsor determines eligibility and issues “Certificate” • Spouse and family may accompany (F-1, M-2, J-2) • Post-completion “grace period” • “Reinstatement” process available to fix certain problems

4. Students and Exchange Visitors Key points of difference among F-1, M-1, and J-1 • F-1 and M-1 = students. J-1 has multiple categories (including ‘student’), each with a different purpose and set of rules/requirements. • F-1 and M-1 are controlled by an authorized school and SEVP. The certificate of eligibility is Form I-20. J-1 program is controlled by a program sponsor and the DOS. The certificate of eligibility is Form DS-2019. • F-1 and J-1 admitted for “D/S.” M-1 admitted to a specific date. • F-2 and M-2 dependents may not work. J-2 dependents may obtain work permission. • J-1 two year home residence requirement (certain cases, only).

5. Students and Exchange Visitors Who’s Who & What’s What: Government Who’s in charge: • F-1 and M-1 Students: DHS → ICE → Student & Exchange Visitor Program (SEVP) • J-1 Exchange Visitors: DOS → Exchange Visitor Program (EVP) Both use a common database: • Student & Exchange Visitor Information System (SEVIS)

6. Students and Exchange Visitors Who’s Who & What’s What: SEVP (F-1, M-1, J-1) • A division of ICE (under DHS) • Provides approval and oversight to schools and gives guidance. • “Collects, maintains, analyzes and provides information.” • Administers and maintains SEVIS, “a web-based system for maintaining information on international nonimmigrant students and exchange visitors in the United States.”

7. Students and Exchange Visitors Who’s Who & What’s What: Schools (F-1, M-1) • School must award recognized degree(s) and/or offers a specific educational program or curriculum • Approved to enroll international students by SEVIS. Schools apply to SEVP and update SEVP using Form I-17. • Employs “Designated School Officials” (PDSO & DSO • Issue, monitor, report, and authorize/recommend specific actions: • Acceptance, enrollment, semesterly registration, employment, completion, address changes, termination, and other actions.

8. Students and Exchange Visitors J-1 Categories • Students: • College/University Students • Secondary School Students • Employment or professional activity: • Professors / Research Scholars • Teachers (K-12) • Short-term Scholars • Specialists • Camp Counselors • Au Pairs • Summer Work-Travel Program • Diplomacy: • Government Visitor • International Visitor • Training: • Trainees • Interns • Alien Physicians

9. Students and Exchange Visitors Who’s Who & What’s What: Department of State • DOS’s Exchange Visitor Program (EVP) “furthers foreign policy interests of the United States by increasing the mutual understanding between the people of the United States and the people of other countries by means of mutual educational and cultural exchange experiences.” • Designates, monitors and partners with sponsoring organizations. • Monitors regulatory compliance of DOS-designated sponsoring organizations. • Issues advisory opinions and waiver recommendations.

10. Students and Exchange Visitors Who’s Who & What’s What: J-1 Program Sponsor • An organization designated by DOS for a specific category (Apply via DS-3036) • For-profit or non-profit organizations • Colleges and universities • Federal, state & local government agencies • “Third-party sponsors” • The organization must employ a “Responsible Officer” (RO & ARO) • Issue, monitor, report, and authorize/recommend specific actions: • Acceptance, enrollment, semesterly registration, employment, completion, address changes, and others.

11. Students and Exchange Visitors What is the Two Year Home Residence Requirement? See INA §212(e) • Requirement to: • Reside in home country for 2 years following J-1 program; OR • Obtain a waiver of the requirement • Only subject to this requirement if: • Skills list ( https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/skill-list-by-country.html ) • Government financing (home country or U.S. government funding) • Graduate medical education training • If a person is subject to this requirement: • Not eligible for immigrant visa or adjustment of status to LPR resident • Not eligible for H, L or K nonimmigrant visa stamp • Not eligible to change nonimmigrant status within the U.S. from J to any other nonimmigrant category except A, G, or U

12. where to find more good information • www.USCIS.gov • NAFSA: Association of International Educators: www.NAFSA.org • School Websites • Policy vs. regulation • Check a variety of sources • J-1 Resources • Department of State https://travel.state.gov • J-1 program sponsoring organizations (examples: Cultural Vistas, American Immigration Council)