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Student Visas

1. Academic and Vocational Students, F-1; M-1

2. Exchange Students J-1

In carrying out the responsibilities of the Exchange Visitor Program, the Department designates public and private entities to act as exchange sponsors. Designated sponsoring organizations facilitate the entry of foreign nationals into the United States as exchange visitors to complete the objectives of one of the exchange visitor program categories, which are:

  • Au pair
  • Camp Counselor
  • Student, college/university
  • Student, secondary
  • Government Visitor
  • International Visitor (reserved for U.S. Department of State use)
  • Alien physician
  • Professor
  • Research Scholar
  • Short-term Scholar
  • Specialist
  • Summer work/travel
  • Teacher
  • Trainee

Each category of exchange has specific requirements and regulations. Our coverage on this web site of the J-1 visa is limited to Trainee and Interns especially in the areas of:

International Trainee Eligibility

Potential J-1 Exchange Visitor Trainees must document the following:

  1. A degree or professional certificate from an academic institution outside of the United States plus one year of non-U.S. work experience related to the proposed training, or
  2. At least five years of non-U.S. work experience related to the proposed training.
  3. Proposed J-1 training does not duplicate their previously completed work or training.
  4. Sufficient English-speaking skills so as to be able to fully benefit from the training and cultural opportunities in the United States.
  5. Can demonstrate how the training will be used upon return to the home country.
  6. Can demonstrate the intent to return to the home country.
  7. Will apply for the J-1 visa in the home country.

International Intern Eligibility

Potential J-1 Exchange Visitor Interns must document the following:

  1. Current enrollment in a post-secondary academic program outside of the United States, OR
  2. Graduated within the past 12 months from a post-secondary institution outside of the United States.
  3. Proposed J-1 training does not duplicate their previously completed work or training.
  4. Sufficient English-speaking skills so as to be able to fully benefit from the training and cultural opportunities in the United States.
  5. Can demonstrate how the training will be used upon return to the home country.
  6. Can demonstrate the intent to return to the home country.
  7. Will apply for the J-1 visa in the home country.
  1. Public Administration and Law
  2. Management, Business, Commerce and Finance
  3. Information Media and Communications
  4. Science, Engineering, Architecture, Mathematics and Industrial Occupations

This includes, but is not limited to:

Law Advocacy Public Administration
Communications Journalism Broadcasting
Publishing Information Media Web Design
E-Commerce Computer Science Architecture
Engineering Environmental Protection Finance
Mathematics Auditing The Sciences
Skilled Industrial Commerce Import/Export
Strategic Planning Management Marketing
Accounting Business Software Development

Additional occupational categories may apply to interns.

Occupational Exclusions Disclaimer: trainees or interns may not be placed in unskilled or casual labor positions, positions involving more than 20 percent clerical work, positions requiring trainees to provide therapy, medication, or other clinical or medical care (e.g. sports or physical therapy, psychological counseling, nursing, dentistry, veterinary medicine, social work, speech therapy, or early childhood education). In addition, no intern or trainee may be placed in a position that will displace American workers or fill a labor need.

Most sponsors require that the company, where the student will be Trainee or an Intern, be qualified to act as a host company.

The following eligibility requirements are not unusual:

Host Company Eligibility

The Potential Host Company is required to document that:

  1. The Host Company has been in business at least 24 months.
  2. Host Companies with fewer than 25 employees or $3,000,000 in annual revenue must pre-qualify with the sponsor before applications will be considered.
  3. The Host Company currently has less than 10% of its total staff members in a J-1 Exchange Visitor Training Program.
  4. The Host Company has established a bona fide training program.
  5. The proposed training/internship is in an area which the sponsor will sponsor eg.
    • Information Media and Communications;
    • Management, Business, Commerce and Finance;
    • Science, Engineering, Architecture, Mathematics and Industrial Occupations; or
    • Public Administration and Law
  6. The Host Company has qualified personnel to provide the proposed training/internship.
  7. The Host Company has the appropriate facility and equipment to provide the proposed training/internship.
  8. The J-1 Exchange Visitor will not be engaging in ordinary employment.
  9. The Host Company will adequately remunerate the J-1 Exchange Visitor.
  10. The Immigration and Nationality Act provides two nonimmigrant visa categories for persons wishing to study in the United States. The "F" visa is reserved for non-immigrants wishing to pursue academic studies and/or language training programs, and the "M" visa is reserved for non-immigrants wishing to pursue nonacademic or vocational studies.

    F-Academic Students and M-Vocational Students Requirements

    Foreign students seeking to study in the U.S. may enter in the F-1 or M-1 category provided they meet the following criteria:

    • The student must be enrolled in an "academic" educational program, a language-training program, or a vocational program;
    • The school must be approved by U.S. Citizenship and Immigration Services (USCIS);
    • The student must be enrolled as a full-time student at the institution;
    • The student must be proficient in English or be enrolled in courses leading to English proficiency;
    • The student must have sufficient funds available for self-support during the entire proposed course of study; and
    • The student must maintain a residence abroad which he/she has no intention of giving up. Information on How to Apply for the Student Visa, Visa Ineligibility/Waiver, Student Employment can be obtained via Visa Services at Department of State Website.

    Also see Sec. 641 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 (Pub. L. 104-208). Section 641 of IIRIRA is one of the catalysts behind a new interagency initiative known as the Student Exchange and Visitors Program, or SEVP program. SEVP is designed to improve processes for foreign students and exchange visitors holding F, J, and M visas, and schools, colleges and other organizations sponsoring programs for these visa holders.

    SEVP will facilitate and automate several processes affecting foreign students, such as:

    • Visa issuance
    • admissions to the U.S.;
    • benefit requests; and
    • information reporting.


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Law Offices of Leon J.Snaid
2727 Camino Del Rio South, ste 211, San Diego, CA 92108
Tel: (619) 725-0797    Fax: (619) 725-0705

© 2006 Leon J. Snaid, Esq. All Rights Reserved.
The information contained on this web site is of a general nature and should not be regarded as legal advice.
Specific action should not be taken on the basis of any of the material contained on this web site without reference to this office.

 

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