J Visa Guidebook: The Complete Resource for Exchange Visitor Programs and Participants

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2024 Edition
ISBN: 9781663383709
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The J Visa Guidebook is your one-stop resource for dealing with questions related to the exchange visitor nonimmigrant visa program. Written entirely by esteemed attorneys in this area of immigration law, the J Visa Guidebook is a convenient guide covering the regulations on aliens and advising program sponsors how to comply with these regulations. Inside this essential resource you’ll find:

•   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 U.S. State Department’s approval of a J-1 program application
•   Subjects ranging from the appointment of responsible program officers and the preparation of DS-2019, to recordkeeping requirements, the supervision of J-1 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 residence requirement and possible waivers
•   No-objection letters from over 70 countries
•   Sample hardship applications
•   State-30 information from all currently participating states
•   Over 1,000 pages of appendix material.

The 2023 edition ISBN is 9781663359889.

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Table of contents

Volume 1



ABOUT THE AUTHORS



INTRODUCTION



CHAPTER 1 HISTORY OF THE EXCHANGE VISITOR PROGRAM AND RECENT DEVELOPMENTS


1.1 Introduction



CHAPTER 2 DESIGNATION OF EXCHANGE VISITOR PROGRAMS


2.1 General Sponsorship Requirements


2.2 Sponsor Requirements for Particular Visitor Categories


2.3 Exchange Visitor Dependents


2.4 Preparing an Application for Program Designation



CHAPTER 3 EXCHANGE VISITOR 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 DS-2019 (formerly IAP-66)


3.5 Completion of Form DS-2019


3.6 Validating and Maintaining SEVIS Records


3.7 Monitoring Exchange Visitor Participants


3.8 Unlawful Presence


3.9 Making Technical Corrections and Requesting Reinstatement


3.10 Reporting, Notification and Recordkeeping Requirements; Compliance Reviews


3.11 Sanctions and Terminations of Designation



CHAPTER 4 EXCHANGE VISITOR CATEGORIES AND PROCEDURES


4.1 Definition of a J-1 Exchange Visitor


4.2 J-1 Exchange Visitor Categories



CHAPTER 5 EXCHANGE VISITOR ADMISSION AND PROCEDURES


5.1 Gaining J-1 Admission and the SEVIS Fee


5.2 Maintaining Exchange Visitor Status


5.3 Extensions of Stay and Grace Periods


5.4 Employment of J-1 Exchange Visitors


5.5 Change of J Category


5.6 Exchange Program Transfers


5.7 Violation of Status


5.8 Reinstatement of Status


5.9 Changing to Exchange Visitor Status


5.10 Changing from J-1 Status to Another Nonimmigrant Visa Status


5.11 J-2 Visas for Spouses and Children of J-1 Visa Holders



CHAPTER 6 THE TWO-YEAR FOREIGN RESIDENCE REQUIREMENT AND WAIVERS


6.1 Determining Who is Subject to the Two-year Foreign
Residence Requirement

6.2 Relief from the Two-year Foreign Country Residence Requirement Other Than Waivers

6.3 Waivers of the Two-year Foreign Residence Requirement: General Procedures

6.4 Waivers of the Two-year Foreign Residence Requirement Through ''No Objection'' Statements

6.5 Waivers of the Two-year Foreign Residence Requirement Based on Hardship to Relatives

6.6 Persecution Waivers

6.7 Interested Government Agency Waivers

6.8 Post-Approval

6.9 Review of Adverse Waiver Decisions



APPENDIX A STATE DEPARTMENT INFORMATION

APPENDIX B ''NO OBJECTION'' LETTERS FROM SELECTED COUNTRIES

APPENDIX C FEDERAL INTERESTED GOVERNMENT AGENCY INFORMATION

APPENDIX D INTERNET WEB RESOURCE LIST





Volume 2



APPENDIX E STATE 30 PROGRAMS

APPENDIX F POLICY STATEMENTS, LETTER RULINGS, ADVISORY OPINIONS, ANNOUNCEMENTS, AND OPERATING INSTRUCTIONS

APPENDIX G LIAISON MINUTES AND CORRESPONDENCE

APPENDIX H INFORMATION SHEETS, ARTICLES, AND FLOWCHARTS

APPENDIX I LITIGATION MATERIALS


INDEX