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.§ (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.§ (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 require nonimmigrant intent
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 ( )
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
NAFSA: Association of International Educators:
School Websites
Policy vs. regulation
Check a variety of sources
J-1 Resources
Department of State
J-1 program sponsoring organizations (examples: Cultural Vistas, American Immigration Council)