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EXCHANGE VISITORS 

EXCHANGE PROGRAM (J1) OVERVIEW

The Exchange Visitor Program is carried out under the provisions of the Mutual Educational and Cultural Exchange Act of 1961, as amended. The purpose of the Act is to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges. International educational and cultural exchanges are one of the most effective means of developing lasting and meaningful relationships. At present, the Department of State has thirteen categories of exchange. Foreign national participating in exchange visitor programs may only engage in activities authorized for their program.

NOTE: The U.S. Department of State recognizes that the Exchange Visitor Programs can be most successful if it is aware of the needs, interests and concerns of all parties involved in the Exchange Visitor Program. The State Department is particularly concerned about instances where the conditions of housing, work, or study encountered by J program participants significantly differ from what was anticipated or advertised. If J visa holders experience any of these problems, they should contact the State Department directly at JVISAS@STATE.GOV.

J-1 Visa Categories:

  1. Au pair
  2. Camp Counselor
  3. Student, college/university; secondary school
  4. Government Visitor
  5. International Visitor
  6. Alien physician
  7. Professor and Research Scholar
  8. Short-term Scholar
  9. Specialist
  10. Summer Work and Travel
  11. Teacher
  12. Training/Internship

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U.S. SPONSOR ORGANIZATIONS

In carrying out the responsibilities of the Exchange Visitor Program, the U.S. Department of State designates public and private entities to act as U.S. Sponsor Organizations. Only the U.S. Sponsor Organizations are allowed to issue DS-2019 forms to prospective program participants. The majority of these sponsors have partner organizations located worldwide to assist interested people. Those interested in participation in a certain exchange program should contact either U.S. Sponsor Organizations directly or their partners in Ukraine.

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FORM DS-2019

Form DS-2019 is a basic document required to support an application for an exchange visitor visa J1. It is a two-page document, which can only be produced through the Student and Exchange Visitor Information System (SEVIS). Each document is printed with a unique identifier known as a SEVIS ID Number in the top right-hand corner, which consists of an alpha character (N) and up to eleven numerical characters (e.g. N00002123457). Only U.S. Sponsor Organizations are authorized to produce Form DS-2019.

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AUTHORIZED PERIOD OF STAY, GRACE PERIOD

A prospective J1 exchange visitor may apply for a J1 visa at any time as long as he/she receives Form DS-2019 and this form remains valid. However, a J1 exchange visitor may not enter the United States earlier than thirty days before the initial program start date as given on DS-2019. Applicants continuing on an exchange visitor program are not subject to this restriction.

All J1 visa holders are granted an extra thirty (30) days following completion of the exchange visitor’s program. This 30-day period is known as a grace period. During these thirty days J visa holders are allowed to travel within the U.S. and/or to prepare for departure from the U.S., and for no other purpose.

An exchange visitor who desires an earlier entry must qualify for, and obtain, a visitor visa B2.

At the port of entry an exchange visitor has to present an international passport with a valid J1 visa and the original DS-2019 form. All other documents related to that particular exchange visitor program should be hand carried as well.

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EMPLOYMENT

An exchange visitor may receive compensation from the program sponsor, or the sponsor’s appropriate designee, for employment when such activities are part of the exchange visitor’s program.

There are two types of employment authorizations available for students on the J visa:

  1. Student employment; or
  2. Academic training

The difference between the two is that student employment occurs on-campus unless there is economic necessity; and, academic training is related to the student’s field of study and in most cases, occurs off-campus and for a specified period of time.

Exchange visitors who are participating as college/university students are permitted to work and are limited to twenty (20) hours per week, except during school breaks and annual vacation, unless authorized for economic necessity.

An exchange visitor who engages in unauthorized employment shall be deemed to be in violation of his or her program status and is subject to termination as a participant of an exchange visitor program.

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ACADEMIC AND PROFESSIONAL EXCHANGE PROGRAMS

The Academic Exchanges Office of the Public Affairs Section coordinates and provides information on U.S. Academic Exchange Programs for Ukrainian students, teachers, professors, and researchers primarily in social sciences and humanities. Participation in these exchange programs is determined on the basis of a free and open competition for qualified, English-speaking applicants and is announced every fall.

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CAMP COUNSELOR

This category applies to foreign university students, youth workers, and other specially qualified individuals at least 18 years of age and proficient in English who are selected to be a counselor in an accredited U.S. summer camp. Camp Counselors impart their skills to American campers; provide them with information about his or her country and culture. Camp Counselors interact directly with groups of American youth by overseeing their activities in a camp setting during the U.S. summer season.

Young people interested in Camp Counselor program can either contact the U.S. Sponsor Organizations directly or their partners in Ukraine. However, it is more likely that if you contact the U.S. Sponsors, they will redirect you to their partners in Ukraine. Alternatively, you may visit an American Camping Association webpage, where you can find useful information as well.

NOTE: The duration of participation shall not exceed four months.

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SUMMER WORK AND TRAVEL (SWT) PROGRAM

The Summer Work/Travel (SWT) program is available only to bona fide foreign post-secondary students currently enrolled in and actively pursuing a degree at an accredited educational institution at the time of application for the program. As of November 20, 2006, final-year students are also eligible for participation as long as they apply for the program before they complete their studies. Final-year students who will have graduated from their institution at the time of their participation in the SWT program may participate in the program, as long as they applied for the program when they were full-time students.

It is not necessary for the continuing student to be enrolled in the same institution both before and after participating in SWT. Students can participate if they are transferring from one school to another; if they have finished an academic program and are going on to another full-time program; or if they are continuing on to graduate school.

Students attending vocational schools are not eligible for SWT, unless they can demonstrate that study there will ultimately lead to a degree from a full-time institution.

U.S. Sponsors of the SWT programs should pre-arrange employment for SWT participants.

NOTE: The Consular Section of the U.S. Embassy does not consider applications for SWT program if a job offer signed by an U.S. employer is not submitted along with all required documents.

Most participants typically work in non-skilled service positions at resorts, hotels, restaurants, and amusement parks. Department regulations prohibit the placement of program participants as domestic help in U.S. households or in positions requiring them to invest their own money for inventory, such as door-to-door sales.

The majority of the U.S. Sponsors have partner organizations located worldwide to assist interested students.  In order to obtain DS-2019, those interested need to either contact U.S. Sponsor Organizations directly or their partners in Ukraine.

NOTE:  There are two time limitations imposed on the SWT program. These time limitations are reflected on the dates entered on the Form DS-2019:

-          Program dates cannot exceed four months, and

-           The end dates for SWT programs cannot extend into the college and/or university academic calendars for the term following the students" participation in the SWT program.

Summer Work and Travel participants have to complete their exchange programs no later than the beginning of the academic year for Ukrainian universities. Traditionally in Ukraine, the academic year starts on September 1st. If a Ukrainian university's (or particular faculty's) official academic year begins later than September 1st for all its students, the program end date as indicated on the DS-2019 may be later than August 31st. However, in no instance should it exceed the university's or faculty’s official start date.

These limitations apply to all SWT participants including final-year students. All Ukrainian agencies, U.S. Sponsors, employers, SWT participants have to comply with the U.S. Immigration Law, and, consequently, follow all Exchange program rules.

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REQUIRED DOCUMENTS AND THEIR ORDER

Each J-1 applicant has to submit the following documents:

  1. General Application Package
  2. DS-158 
  3. A copy of DS-2019 form
  4. Proof of SEVIS Fee payment
  5. Original DS-2019
  6. A letter from the university/institute confirming current student status
  7. Proof of medical insurance 
  8. SWT/Camp Counselor: a copy of a job offer signed by both the U.S. employer and the applicant; a copy of the Guarantee Placement Status letter for Camp Counselors; a letter from the U.S. Sponsor and/or Ukrainian organization explaining the nature of an exchange program and how the applicant was chosen for the program
  9. Training/Internship: Form DS-7002 "Training/Internship Placement Plan"
  10. Student card (for current students in Ukraine)
  11. Student grade book (for current students in Ukraine)

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FEE WAIVERS FOR EXCHANGE VISITOR

United States Government (USG) funded exchange visitors coming to the United States are eligible for Machine Readable Visa (MRV) fee waivers only if they are participating in a Department or United States Agency for International Development (USAID) sponsored and funded educational and cultural exchange programs, or if they are USG employees traveling on official business. Exchange programs eligible for MRV exemption will contain a G-1, G-2, G-3, or G-7 program number on the Form DS-2019.

All other applicants with U.S. Government sponsorships, including other J visa applicants, are subject to the MRV processing fee and SEVIS fee. Applicants participating in a U.S. government-sponsored program, however, are exempt from any applicable visa reciprocity fee.

All J2 dependents fall under the same fee waivers as their principal alien J1.

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THE TWO-YEAR FOREIGN RESIDENCE REQUIREMENT OF SECTION 212(E)

Certain J1 and J2 exchange visitors are subject to the two-year foreign residence requirement of the Immigration and Nationality Act, Section 212 (E). These exchange visitors must reside and be physically present in their country of nationality or last legal permanent residence for an aggregate of at least two years following departure from the United States. These exchange visitors are not allowed to change their nonimmigrant status to any classification (with limited exceptions) or to be admitted to the United States under the fiance(e) (K visa), temporary worker (H visa)or intra-company transferee (L visa) nonimmigrant visa categories, or to acquire immigrant or permanent resident status (Green Card) until they have complied with the foreign residence requirement.

Exchange visitors and their accompanying family members in J2 status are subject to the foreign residency requirement either because their program was financed in whole or in part by an agency of the U.S. Government or by the government of their home country; or they entered the United States to receive graduate medical education or training.

Exchange visitors who are subject to, but do not wish to comply with, the two-year home country residence requirement, may apply for a waiver of that requirement under any one of the five applicable grounds provided by the United States immigration law.

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NO OBJECTION STATEMENT FROM THE UKRAINIAN GOVERNMENT

The Ukrainian government has designated the Ministry of Education and Science of Ukraine, Department of International Cooperation and European Integration to issue the No Objection statements. If you need to request the No Objection statement, please contact Olena Kuznetsova at the Ministry of Education and Science of Ukraine at phone/fax 38-044- 486-2270 or send your inquiry to the following e-mail address: o_kuznetsova@mon.gov.ua

Requests for issuance of the No Objection statement should contain the following information:

  1. Full name of exchange visitor, date and place of birth
  2. Date of entry into the United States
  3. Current address (if still in the U.S., the present U.S. address of the exchange visitor should be included and if overseas, the overseas address of the exchange visitor should be included)
  4. List of the exchange visitor programs in which the alien participated, including the program number
  5. The exchange visitor’s alien registration number, if known

It should be emphasized that submission of such a statement by the Ukrainian government serves only to initiate the consideration of the alien’s request for a waiver. Each waiver case is reviewed on a case-by-case basis and a decision is made after taking into consideration the program, the policy and the foreign relations.

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FAMILY MEMBERS

Each accompanying J2 spouse and/or child of a principal alien is required to have a separate Form DS-2019 issued by the sponsoring exchange visitor program and as well as a unique SEVIS ID number. J2 applicants must present this evidence to both the consular officer and the immigration officer at the port of entry (POE).

J2 spouse and/or child of J1 exchange visitor are not allowed to enter the U.S. before the principal alien. J2 dependents can be admitted to the U.S. along with their principal alien or later.

J2 children are allowed to attend public or private schools.

J2 dependents are exempt from the SEVIS I-901 fee payment.

Employment is restricted to J2 holders, but not prohibited. U.S. Citizenship and Immigration Services (USCIS) is responsible for authorizing the employment of J2 dependents.

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