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Immigration Practice - 14th Edition - Hardcover
Immigration Practice - 14th Edition - Electronic
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Chapter 18
VISITORS, STUDENTS, AND TRAINEES
§ 18-1. Introduction.
This chapter discusses the B, F, J, M and Q nonimmigrant classifications
for visiting, studying and training. At times, some of these classifications
can be surprisingly useful in the business context, particularly when there is
no intention to pay the alien from a U.S. source for productive employment,
and even some of these classifications allow such payment and/or work in
limited circumstances. The eligibility and procedural hurdles for these
classifications are usually simpler than the more clearly employment-based
classifications discussed in the previous chapter. Thus, before aliens and/or
U.S. employers launch into the complex petitions and applications
discussed above for those clearly employment-based classifications, the
classifications for visitors, students and trainees should be explored. In
addition, these classifications are subject to most of the same general
procedures and rules applicable to all nonimmigrant visas and admissions
as discussed separately,1 and these classifications must be considered in
light of those general rules and procedures. Certain exceptions, particularly
for visitors, are discussed below.
§ 18-2. Summary of Classifications.
The uses of these classifications are over-simplified in the chart below,
and the more detailed discussions that follow should be examined before
relying on this summary:
Chapter 18
VISITORS, STUDENTS, AND TRAINEES
§ 18-1. Introduction.
§ 18-2. Summary of Classifications.
§ 18-3. Visitors.
§ 18-3(a). B-1/B-2 Visitors.
§ 18-3(a)(1). General Procedures and Requirements.
§ 18-3(a)(2). Allowable Activities and Time Periods for Visitors.
§ 18-3(a)(2)(i). B-2 Visitors for Pleasure.
§ 18-3(a)(2)(ii). B-1 Visitors for Business.
§ 18-3(b). Other Arrangements for Visitors.
§ 18-3(b)(1). North American Free Trade Agreement (NAFTA).
§ 18-3(b)(2). Visa Waiver Program.
§ 18-3(b)(2)(i). Countries Designated.
§ 18-3(b)(2)(ii). Individual Eligibility.
§ 18-3(b)(2)(iii). ESTA: Pre-Clearance/I-94W.
§ 18-3(b)(2)(iv). Entry Procedures.
§ 18-3(b)(2)(v). Medical Treatment Voluntary Departure.
§ 18-3(b)(3). Visa Waiver for Guam and CNMI.
§ 18-3(b)(4). C-1 Transits and Transit without Visa (TWOV).
§ 18-3(b)(5). Border-Crossing Cards for Canadians and Mexicans.
§ 18-3(b)(6). Other Visa Waivers.
§ 18-4. Students and SEVIS.
§ 18-4(a). Accompanying Aliens in Other Classifications.
§ 18-4(b). B-2 Students.
§ 18-4(c). Other Aliens.
§ 18-4(d). F-1 and M-1 Students.
§ 18-4(d)(1). School Accreditation.
§ 18-4(d)(2). School Issuance of Form I-20.
§ 18-4(d)(3). Visa Application and U.S. Entry from Abroad.
§ 18-4(d)(4). Changing to Student Status in the United States
§ 18-4(d)(5). Supporting Documentation.
§ 18-4(d)(5)(i). Nonimmigrant Intent.
§ 18-4(d)(5)(ii). Financial Support.
§ 18-4(d)(5)(iii). Reason for Entry in Non-student Status.
§ 18-4(d)(6). Duration, Maintenance, and Extension of Student Status.
§ 18-4(d)(7). Violation and Restoration of Status.
§ 18-4(d)(8). School Transfers.
§ 18-4(d)(9). Employment of Students.
§ 18-4(d)(9)(i). On-Campus Employment.
§ 18-4(d)(9)(ii). Severe Economic Hardship Employment.
§ 18-4(d)(9)(iii). Practical Training.
§ 18-4(d)(9)(iv). Internship with International Organization.
§ 18-4(d)(9)(v). Special Arrangements for Emergent Circumstances.
§ 18-4(d)(10). Temporary Absences from the United States
§ 18-4(d)(11). Spouse and Children.
§ 18-4(d)(12). Limitations on Study at Publicly Funded Institutions.
§ 18-4(d)(13). Part-Time Commuter Study.
§ 18-4(e). J-1 Student Programs.
§ 18-4(e)(1). J versus F Programs.
§ 18-4(e)(2). College and University Students.
§ 18-4(e)(3). Secondary School Students.
§ 18-5. Training and Exchange Visitor Classifications.
§ 18-5(a). Comparison of Classifications.
§ 18-5(b). J-1 Exchange Visitors.
§ 18-5(b)(1). Rules and Procedures for Sponsors.
§ 18-5(b)(1)(i). Citizenship Requirement for Private Sponsors.
§ 18-5(b)(1)(ii). General Eligibility.
§ 18-5(b)(1)(iii). Sponsors’ “Responsible Officers.”
§ 18-5(b)(1)(iv). Insurance for Participants.
§ 18-5(b)(1)(v). Contact with State Department (Formerly USIA).
§ 18-5(b)(1)(vi). Sanctions.
§ 18-5(b)(2). Rules and Procedures for J-1 Exchange Visitors.
§ 18-5(b)(2)(i). Original Processing.
§ 18-5(b)(2)(ii). J Visa Application and Admission.
§ 18-5(b)(2)(iii). Change of Status to J.
§ 18-5(b)(2)(iv). Maintenance/Reinstatement of Status, and Transfer and Extension
of Program and/or Status.
§ 18-5(b)(2)(v). Change of Program Category.
§ 18-5(b)(2)(vi). Readmission in J Status.
§ 18-5(b)(2)(vii). Termination of Participation.
§ 18-5(b)(2)(viii). Work Authorization of J-1/J-2 Aliens.
§ 18-5(b)(2)(ix). Two-Year Foreign Residency Requirement.
§ 18-5(b)(3). Category Eligibility and Procedures.
§ 18-5(b)(3)(i). Students, Teachers, Professors and Research Scholars, Short-
Term Scholars, and Graduate Medical Trainees.
§ 18-5(b)(3)(ii). Trainees.
§ 18-5(b)(3)(iii). Specialists.
§ 18-5(b)(3)(iv). International Visitors.
§ 18-5(b)(3)(v). Government Visitors.
§ 18-5(b)(3)(vi). Camp Counselors.
§ 18-5(b)(3)(vii). Au Pairs.
§ 18-5(b)(3)(viii). Summer Student/Travel Work.
§ 18-5(b)(3)(ix). Interns
§ 18-5(c). Q “Cultural Visitors.”
§ 18-5(c)(1). Eligibility of Program and Alien.
§ 18-5(c)(2). Procedures.
§ 18-5(c)(3). Petition Package.
§ 18-5(d). H-3 Trainees.
§ 18-5(d)(1). Training Program Requirements.
§ 18-5(d)(2). Procedures.
§ 18-5(d)(3). Petition Package.
§ 18-5(d)(4). Special H-3 Programs.
§ 18-6. Permanent Residence Options for Visitors, Students, and Trainees.
Robert C. Divine is the Chairman of the Immigration Group of Baker Donelson, a law firm of over 550 lawyers and public policy advisors with offices in 13 cities from Washington, D.C. to New Orleans.
Mr. Divine served in Washington, D.C. from July 2004 until November 2006 as the first presidentially appointed Chief Counsel of United States Citizenship & Immigration Services (USCIS), the world's largest immigration services agency within the Department of Homeland Security (DHS). From July 2005 until July 2006, he served as Acting Director and then Acting Deputy Director of USCIS. In early 2004 he served as an expert for the U.S. Commission on International Religious Freedom evaluating the impact on asylum claims from DHS' implementation of expedited removal procedures.
He has practiced immigration law since 1986 and in the last several years has chaired the American Immigration Lawyers Association's "Inter-Agency" Committee and its Liaison Committee to the U.S. Department of State. He has served as an expert witness in U.S. and foreign courts.
His practice includes all aspects of U.S. immigration law, representing large and small international and domestic employers, investors, developers, regional centers, family sponsors, and individual foreign nationals. He has also litigated significant business matters, including class action employment discrimination, contract, commercial, product liability, antitrust, ERISA benefits, business torts (including RICO, misrepresentation, Consumer Protection Act), and immigration-related criminal matters.
