 J VISA BOOK RELEASED
After nearly two years of work, authors Greg Siskind, Bill Stock and Steve Yale-Loehr are pleased to announce the release of the J VISA GUIDEBOOK. The book is being released by leading legal publisher Matthew Bender.
The J Visa Guidebook is a one-stop resource for dealing with questions related to the exchange visitor nonimmigrant visa program. The book contains
- a history of the exchange visitor program
- coverage of the J-1 program designation process, including the sponsorship requirements for each exchange visitor category
- guidance through the steps necessary to secure the US Information Agency’s approval of a J-1 program application.
- subjects ranging from the appointment of responsible program officers and the preparation of Form IAP-66, to recordkeeping requirements, the supervision of J1 program participants, and sanctions for noncompliance
- issues such as the qualifications for the J-1 visa in each exchange visitor category, employment authorization, maintenance of status, reinstatement of status, extension requests and changes in program categories
- clarification on the complex issues relating to the J-1 two-year home residency requirement and possible waivers
The book can be ordered by calling 800-533-1637 and should also be available shortly at the Matthew Bender web site at http://www.bender.com.
The following is a detailed listing of the book’s contents:
Introduction
Chapter 1 History of the Exchange Visitor Program
Chapter 2 Designation of Exchange Visitor Programs
2.1 General Sponsorship Requirements
2.2 Sponsor Requirements for Particular Visitor Categories
2.2.1 Professors and Research Scholars
2.2.2 Short-term Scholars
2.2.3 Trainees
2.2.4 College or University Students
2.2.5 Teachers
2.2.6 Secondary School Students
2.2.7 Specialists
2.2.8 Graduate Medical Education or Training
2.2.9 International and Government Visitors
2.2.10 Camp Counselors
2.2.11 Summer Work/Travel Students
2.2.12 Au Pairs
2.3 Exchange Visitor Dependents
2.4 Preparing an Application for Program Designation
2.4.1 Generally
2.4.2 Preparing the Program Description
2.4.3 Required Supporting Evidence
Chapter 3 Program Operation and Administration
3.1 General Program Requirements
3.2 Program Staffing and Responsible Officers
3.3 Selection and Orientation of Exchange Visitors
3.4 Preparation and Issuance of Form IAP-66
3.5 Completion of Form IAP-66
3.5.1 Purpose Block
3.5.2 Biographic Information Block
3.5.3 Program Sponsor Block
3.5.4 Program Dates Block
3.5.5 Category and Field Block
3.5.6 Funding Block
3.5.7 Other Blocks
3.6 Issuance of Form IAP-66 for Travel Outside the United States
3.7 Monitoring Exchange Visitor Participants
3.8 Reporting, Notification and Recordkeeping Requirements
3.9 Sanctions
Chapter 4 Exchange Visitor Categories
4.1 Definition of a J-1 Exchange Visitor
4.2 J-1 Exchange Visitor Categories
4.2.1 Professors and Research Scholars
4.2.2 Short-term Scholars
4.2.3 Trainees
4.2.4 College or University Students
4.2.5 Teachers
4.2.6 Secondary School Students
4.2.7 Specialists
4.2.8 Foreign Medical Graduates
4.2.9 International and Government Visitors
4.2.10 Camp Counselors
4.2.11 Summer/Work Travel Students
4.2.12 Au Pairs
Chapter 5 Exchange Visitor Admission and Procedures
5.1 Gaining J-1 Admission
5.2 Maintaining Exchange Visitor Status
5.3 Extensions of Stay
5.4 Change of J Category
5.5 Exchange Program Transfers
5.6 Violation of Status
5.7 Reinstatement of Status
5.8 Changing to Exchange Visitor Status
5.9 Changing from J-1 Status to Another Nonimmigrant Visa Status
Chapter 6 The Two-year Home Residence Requirement and Waivers
6.1 Determining Who is Subject to the Two-year Home Residence Requirement
6.1.1 Government Financing
6.1.2 Skills List
6.1.3 Graduate Medical Education or Training
6.2 Relief from the Two-year Home Country Residence Requirement Other Than Waivers
6.2.1 Determine Whether the Visitor Truly is Subject to the Two-year Rule
6.2.2 Check the Country of "Residence"
6.2.3 Check the Skills List for the Right Skill
6.2.4 Check the Source and Purpose of Government Funding
6.2.5 Check for Patient Care
6.2.6 Delay the Return Requirement
6.2.7 Satisfy the Return Requirement
6.3 Waivers of the Two-year Home Residence Requirement Through "No Objection" Statements
6.4 Waivers of the Two-year Home Residence Requirement Based on Hardship to Relatives
6.4.1 Hardship Waiver Criteria
6.4.2 Hardship Waiver Procedure
6.5 Persecution Waivers
6.5.1 Definition of Persecution
6.5.2 Persecution Waiver Procedure
6.6 Interested Government Agency Waivers
6.6.1 Process Generally
6.6.2 Finding an Interested Government Agency
6.6.2.1 Physicians v. Non-physicians
6.6.3 Procedures and Criteria Established by Government Agencies
6.6.3.1 Department of Health and Human Services
6.6.3.2 Department of Education
6.6.3.3 Department of Veterans Affairs
6.6.3.4 Department of Agriculture
6.6.3.5 Appalachian Regional Commission
6.6.3.6 Department of Housing and Urban Development
6.6.3.7 State Health Departments
6.6.3.8 Procedures for Other Government Agencies
6.6.4 Timing and Other Considerations
Appendices
Appendix A United States Information Agency Information
Appendix B "No Objection" Letters from Selected Countries
Appendix C Federal Interested Government Agency Information
Appendix D Physician Waiver Information
Appendix E State 20 Waiver Program Information
Appendix F Internet Web Resource List
Appendix G Primary Law Resources
Appendix A United States Information Agency Information
Directory of Staff Involved with J Regulations
USIA Au Pair Information Brochure
Draft Exchange Visitor Program Responsible Officer Manual
USIA Exchange Visitor Skills List
Annual Waiver Statistics and USIA state 20 statistics
USIA/State Department Reorganization Plan
Division of USIA Waiver Cases Among USIA Staff
Listing of "G" and "P" Programs
Ordering IAP-66 Forms
USIA Fax on Demand Service
Designated J-1 Programs
Appendix B "No Objection" Letters from Selected Countries
Armenia
Belarus
Belgium
Brazil
Brunei
Canada
China
Colombia
Czech Republic
Denmark
Estonia
Fiji
Gambia
Germany
Guinea-Bissau
Hungary
India
Jordan
Malawi
Malaysia
Mauritania
Mexico
Namibia
Netherlands
New Zealand
Panama
Romania
Singapore
Slovenia
Spain
Sri Lanka
Switzerland
Tanzania
Trinidad & Tobago
Uganda
Zambia
Appendix C Federal Interested Government Agency Information
Appalachian Regional Commission
National Science Foundation
United States Department of Agriculture (scientist cases)
United States Department of Agriculture (physicians)
US Department of Energy
Department of Veterans Affairs
Department of Health and Human Services
US Department of Defense
Housing and Urban Development (not currently in force)
National Aeronautics and Space Administration
Appendix D Physician Waiver Information
HHS Health Professional Shortage Area List
USDA List of HPSA's Fully Served
GAO Report on J-1 Physician Waivers
Appendix E State 20 Waiver Program Information
True, Walsh & Miller Chart summarizing State 20 programs
Alabama
Alaska
Arizona
California
Colorado
Connecticut
Delaware
Florida
Georgia
Illinois
Indiana
Iowa
Kentucky
Maryland
Massachusetts
Michigan
Minnesota
Missouri
Mississippi
Nevada
New Hampshire
New Jersey
New York
North Carolina
North Dakota
Ohio
Oklahoma
Pennsylvania
South Carolina
Tennessee
Vermont
Virginia
Washington
West Virginia
Wisconsin
Appendix F Internet Web Resource List
USIA - http://www.usia.gov
Immigration and Naturalization Service - http://www.ins.usdoj.gov
Department of State - http://travel.state.gov
American Immigration Lawyers Association - http://www.aila.org
Educational Commission for Foreign Medical Graduates - http://www.ecfmg.org
National Recruitment and Retention Network - http://www.3rnet.org/
Health Professional Shortage Areas Database - http://www.bphc.hrsa.gov/databases/hpsa/hpsa.cfm
National Association of Foreign Student Advisors - http://www.nafsa.org
Bender's Immigration Channel - http://www.bender.com
True, Walsh and Miller - http://www.twmlaw.com
The Visalaw Web Site - Presented by Siskind, Susser, Haas & Devine - http://www.visalaw.com
Appendix G Primary Law Resources
Laws
Smith-Mundt Act
Mutual Education and Cultural Exchange Act of 1961 (the "Fulbright Hayes Act")
Health Professions Educational Assistance Act of 1976
Public Health Service Act of 1977
Pub. L. No. 105-48 - October 1, 1997 - Law Permanently Extending Au Pair Programs
Section 622 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
H.R. 4328 Conference Report - Outlines Merger of USIA into State Department
Federal Register Notices
10/12/95 - 60 FR 53122 - USIA Regulation Governing State 20 Physician Waivers
03/04/96 - 61 FR 8215 - USIA Statement of Policy Regarding Au Pairs
06/10/96 - 61 FR 29285 - USIA - Rule on Extensions for Research Scholars
07/16/96 - 61 FR 37002 - USIA Notice of Policy Statement Regarding Research Scholars
07/30/96 - 61 FR 39585 - USIA Final Rule Changing Research Scholars Category from Four to Six Months
04/16/97 - 62 FR 18506 - INS Regulations Implement J-1 Physician Rules from IIRAIRA
04/21/97 - 62 FR 19221 - USIA Waiver Review Board Rules
04/27/97 - 62 FR 19925 - USIA Reinstatement Policy in the wake of IIRAIRA
05/28/97 - 62 FR 28801 - USIA Rule Regarding Interested Government Agency Waivers
06/27/97 - 62 FR 34632 - USIA Interim Au Pair Rule
09/5/97 - 62 FR 46876 - USIA Final Rule on Au Pairs
12/24/97 - 62 FR 67431 - USIA Amendment to the Skills List Deleting Czech Republic
08/07/98 - 63 FR 42233 - USIA Statement of Policy Regarding INA 212(e) Obligations After Acquisition of Third Country Citizenship
02/09/99- 64 FR 6191 - USIA Final Rule on Implementation of Fee in Waiver Cases
Regulations
INS Regulations - 8 CFR 212.7, 212.8, 8 CFR 214.2
USIA J-1 Regulations - 22 CFR Part 514
State Department Foreign Affairs Manual - Volume 9, Section 41.62
Policy Statements, Letter Rulings, Advisory Opinions, Announcements and Operating Instructions
INS Operations Instructions
03/27/89 - INS Puleo Memorandum addressing whether INS or USIA has the authority to determine applicability of INA Section 212(e)
11/27/89 - INS Miller Letter addressing applicability of home residency requirement to derivative children
07/09/93 - INS Puleo Memorandum Regarding Implementation of J-1 regulations
01/26/94 - USIA Colvin letter addressing implementation of new regulations
08/30/94 - INS Bednarz letter regarding ability of J-1 physicians to switch to O-1 visa status
03/01/95 - USIA Colvin letter regarding the potential revocation of waivers for physicians who leave their positions early
12/18/95 - USIA Les Jin letter regarding J-1 status extensions while a waiver request is pending
04/28/96 - USIA Statement of Policy on Summer/Travel/Work Programs
05/20/96 - USIA Les Jin letter outlining USIA's preferences for waiver preparation and philosophy on granting waivers
10/22/96 - Announcement of J Visa Customer Service Telephone Line
02/18/97 - USIA Les Jin Letter Regarding Participation of USIA Office of General Counsel staff attorney in the deliberations of the USIA Waiver Review Board
03/31/97 USIA Stanley Colvin Letter Regarding INA 212(e) Obligations After Acquisition of Third Country Citizenship
04/03/97 USIA Patricia Gribben Letter Outlining Procedures for Preparing Waiver Requests
05/08/97 - USIA Policy Statement on Applicability of China skills list to residents of Hong Kong
07/28/98 USIA Letter Offering Guidance to ECFMG in Dealing with extensions of J-1 visas during the time of an H-1B visa freeze
Forms and Information Sheets
INS Form I-612 Application for Waiver of the Foreign Residence Requirement of Section 212(e) of the Immigration and Nationality Act, as amended.
USIA Form IAP-66 Certificate of Eligibility For Exchange Visitor (J-1) Status
USIA Data Sheet
USIA Form IAP-37 and instructions, including sample completed application
USIA Draft Reapplication for Redesignation
USIA Exchange Visitor Program Information Sheet
USIA Instructions for Applying for a Waiver of the Two-Year Foreign Residence Requirement Pertaining to Exchange Visitors on the J-1 Visa
USIA Instructions for J-Visa Exchange Visitors Applying for a Waiver of the Two-Year Home Residence Requirement Through a "No Objection" Statement From Their Government .
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