Resources: U.S. Visas

J-1 organizations are sponsor organizations that are designated by the U.S. Department of State and can issue the DS-2019, the form used to apply for a J-1 visa. F-1 organizations work as a third party to place students at an I-20 certified school. F-1 exchange organizations are not authorized to issue the I-20 form. Only U.S. based educational institutions can issue the I-20. To learn more, please refer to CSIET’s press release on J-1 vs. F-1 programs.

The J-1 Exchange Visitor Program is a non-immigrant visa category designed to promote mutual understanding between the people of the United States and the people of other countries through bona fide educational and cultural exchange. Sponsors of such programs, as described in the Mutual Education and Cultural Exchange Act (the “Fulbright-Hays Act”), may be considered for an Exchange Visitor program designation. Program designations are made by the State Department upon application from an eligible program sponsor. Generally, Exchange Visitor programs for secondary school students may be sponsored by the government, educational institutions, and not-for-profit organizations. Key features of the J-1 High School visa are as follows: ” Regulated by the State Department as cultural/educational exchanges under the Fulbright-Hays Act. ” Designated nonprofit organizations which have to comply with certain orientation and selection criteria are the sponsors and responsible parties. ” Students are generally not required to pay tuition to schools. ” Students must be between the ages of 15 and 18 at the start of the program or not have graduated from high school.

Upon receiving a designation from the State Department, an exchange organization may issue certificates of eligibility to its participants for use in securing a U.S. non-immigrant J-1 visa and admission to the United States. The J-1 certificate of eligibility is Form DS-2019 (formerly IAP-66) and may only be issued by a Responsible Officer from a designated program. This individual is obligated to ensure compliance with State Department regulations by both the sponsoring organization and its program participants. Consequently, the exchange student is the responsibility of the exchange organization and not the host family, school, or other party where the student is placed. State Department designated J-1 program sponsors are required to register on the SEVIS system (schools hosting J-1 exchange students are not required to register on the SEVIS system unless they also issue I-20 forms for the F-1 visa).

Not all programs fall under the purview of the J-1 visa. For example, foreign students who participate in programs during the summer do not qualify for a J-1 visa status since they do not attend accredited U.S. educational institutions and the program duration is less than three months. Organizations that sponsor only outbound programs are not State Department designated because the State Department only regulates inbound programs.

The State Department regulations were amended on April 4, 2006, and control the J-1 program sponsor and participants, including stipulations about mandatory health and accident insurance and maintenance of accurate records for each participant.

Among the responsibilities of sponsors of Teenage Exchange Visitor programs are the following: ” to be not-for-profit organizations exempt from federal income tax, ” to limit their programs to participants between ages 15 and 18 (as of the beginning of the program) or who have not completed more than eleven years of primary and secondary education (exclusive of kindergarten), ” to ensure adequate orientation to participants and their host families, ” to verify that each member of the host family household eighteen years of age and older has undergone a criminal background check, ” to ensure that all officers, employees, representatives, agents, and volunteers acting on their behalf are adequately trained and supervised and that any such person in direct personal contact with exchange students has been vetted through a criminal background check, ” to assure that participants from one program are not clustered together in one school; the limit is five per school unless a school requests more; ” to ensure that no J-1 student is placed more than 120 miles from an authorized program representative, ” to maintain monthly contact with student, host family, and host school, and ” to secure written permission from school officials before placing a student at the school. J-1 participants themselves must: ” have sufficient financial resources for their stay in the United States, ” have a residence to return to upon completion of the program in the United States, ” maintain lawful immigration status while in the United States by keeping a valid passport at all times, not work without authorization, and leave the United States upon expiration of the visa or securing extension of stay if necessary, and ” have sufficient command of the English language to enable them to function well in an English-speaking academic and community environment.

Most youth exchange program participants are barred from employment in the United States. The State Department regulations state that students may not be employed on either a full- or part-time basis, but may accept “sporadic” or “intermittent” employment such as baby-sitting or yard work. Program participants must consult their J-1 sponsoring organization to secure permission for any type of employment while in the United States.