F-1 vs J-1 vs M-1 Keeping it all straight

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Presentation transcript:

F-1 vs J-1 vs M-1 Keeping it all straight Sean Milton, Northern Arizona University Felicia Welch, Arizona State University - West Sherri Harwood, Airline Training Center of AZ Intros – Context of experience, populations at our schools

Why this session? Who’s here today? Sean - Rationale of the session. Felicia – Raise of hand (F-1 populations? J-1 populations? Both?) Quick overview of attendees

Similarities All three programs are intended to bring students to the U.S. All use SEVIS to monitor these students (and other visitors, for J-1) All require certain kinds of documentation Similar regulations about course enrollments etc., for students All three must apply for visa at a U.S. post abroad, or for a change of status in the U.S. All are non-immigrant categories Sean – first 2 Felicia – second 2 Sherri – last 2

Overarching differences Degree (academic objective) or language training Administered by DHS (‘Security’ focus) J-1: Exchange Visitors participating full-time in approved exchange programs Many categories of EVs, not just students Administered by DOS (‘State diplomacy’ focus) RO and AROs must undergo criminal background check No less than 5 EVs per calendar year Sponsor must verify English language proficiency Reciprocity of exchanges Cross-cultural activities Annual report M-1: Vocational programs, and flight schools = specific educational objective (vocational in nature) Administered by DHS Sean F-1 Felicia J-1 Sherri M-1

Differences in SEVIS and terminology SEVIS interface looks completely different Terminology is different: ‘School’ vs. ‘Program’ ‘Students’ vs. ‘Exchange Visitors’ (with categories) ‘Registration’ vs ‘Validation’ J-1: DS-2019 may be issued by government agencies, academic institutions, and private sector not-for-profit and for-profit entities F-1 and M-1 students must be registered every semester, J-1 EVs must be validated only once Sherri – points 1 and 2 Felicia – points 3 and 4

Differences in the documents F-1 and M-1: I-20 is 3-page doc, with authorizations on p.3 I-20 signed only by DSO, and student J-1: Major field isn’t on the DS-2019, just the CIP code DS-2019 is a single page, including authorizations DS-2019 signed by RO/ARO, student, and visa issuing officer DS-2019 has ‘site of activity’ DS-2019 issued by allotments through SEVIS Sherri/Sean – F-1 and M-1 Felicia – J-1

Differences in Regulations – Funding, Insurance, other requirements F-1: Funding can be from student, family, or any source or any combination of sources. Funding documentation needed for first year. J-1: Funding source may come from program sponsor, US government agency, international organization, EVs home government, binational commission or EVs personal funds.’ Proof of funding must be for the entire length of the program. J-1: Medical insurance with specific minimum coverage required; Dependents must also be covered; Must track compliance; New $ amounts go into effect May 15, 2015. J-1: As of January 5th EVs must report telephone number and email address in addition to reporting their physical and mailing address M-1: Funding can be from any source. Documentation needed for entire length of program. Sean – F-1 Felicia – J-1 Sherri – M-1

Differences in Regulation - Employment Visa Type On Campus Employment Practical Training Work Authorization F- 1 Yes Curricular (CPT) and Pre & Post Optional (OPT) Approved Pre & Post OPT Economic Hardship F-2 No J-1 Academic Training for length of time activity or up to 18 months, whichever is lesser Student- Econ hardship Scholar/Prof - Occasional lect/short term consulting J-2 Yes with US work authorization from USCIS M-1 Post OPT 1 month for every month of study; Not to exceed 6 months Approved Post OPT Must file I-539 extension request as well Sean – F-1 Felicia – J-1 Sherri – M-1

Differences in Regulations - Miscellaneous GRACE PERIOD: F-1 60 days J-1 30 days M-1 30 days Course enrollment: Although rules are similar for F-1 and J-1 students about a full course of study, RCLs must be authorized in SEVIS for F-1 or M-1, not for J-1s STUDY: F-2 dependents cannot study except incidental to status, except K-12 J-2 dependents can study, full or part-time M-2 dependents cannot study except incidental to status, except K-12 Sean – Grace Period Felicia – Course enrollment Sherri - Study

Differences in Regulations - Miscellaneous J-1 2-year home residency requirement M-1 visas only for one year (extendable) or duration of the program plus 30 days M-1s ineligible to change status in the U.S. RCLs for M-1 only for medical reasons, and only for 5 months aggregate M-1s can only transfer programs in the first 6 months of program, and limited to same educational objective M-1 extension and transfer requests require adjudication Travel validation signature protocol Felicia – J-1 Sherri – M-1 Felicia – Travel validation protocol

Advice Keep your F-1 and J-1 processes as similar as possible Use F-1 processes to ‘fill in the gaps’ when there is too much of a gray J-1 area Use your J-1 discretion wisely Of course document everything and be consistent Be aware of the underlying differences in each program’s establishment that underlie the practices and regulations Sean Felicia Sherri

Resources https://www.fairfaximmigrationfirm.com/student- visas/differences-between-f1-and-j1-visa/ http://studyinthestates.dhs.gov/2013/10/online-training- for-designated-school-officials NAFSA Adviser’s Manual

Thank you! Sean Milton, sean.milton@nau.edu Felicia Smith-Welch, felicia.smith-welch@asu.edu Sherri Harwood, sherri.harwood@atca.net