Recently the American State Department has proposed making changes to the system whereby foreign nationals obtain the J1 Exchange visitor visa. The American Immigration Lawyers Association (AILA) has recently promulgated comments on the proposed changes in an effort to provide a different perspective to those who will ultimately pass these rules. In a recent press release AILA stated:

“We commend the United States Department of State (the Department) for acting on its goals to update and improve the Exchange Visitor Program through the first significant proposed rulemaking since 1993. We also recognize and applaud the Department’s efforts to increase overall program oversight, but we urge the Department not to do so at the risk of weakening the very foundation on which the J-1 program rests.”

Not everything in this press release was laudatory as the Association also noted that some of the proposed rule changes might actually undermine the original intent of the J1 visa legislation:

“[W]hile we recognize that the Department [of State] must demand accountability on the part of sponsors of the J-1 program, we fear that it has used the medium of this proposed regulation as a means of eroding the range and number of opportunities for young men and women to learn about our culture and return to share important skills and insights with their compatriots. AILA recognizes the major role that the Fulbright-Hays Act has played for nearly 50 years to instill trust and promote understanding, education, and training among people of dramatically divergent cultures and for the mutual benefit of our people as well as the people of nations struggling to achieve financial and
cultural independence. It is crucial that the full range of these opportunities continues to exist.”

The J-1 visa is an example of a valuable method not only for providing advanced education to foreign nationals, but also for spreading American culture and American ideas to other countries. Undermining this system of cross-cultural exchange would indeed be detrimental. However, the US State Department does have an obligation to investigate candidates and sponsors for J-1 Exchange Visitor visas in an effort to be certain that the visa is being issued for appropriate reasons and to appropriate applicants. Hopefully, the American State Department can find a proper balance whereby the security needs of American Citizens are protected while cross-cultural exchange is still facilitated. As with many non-immigrant visas, both the US Embassy in Bangkok and the US Consulate in Chiang Mai can issue such travel documents to applicants in Thailand.

]]> http://integrity-legal.com/legal-blog/us-visa-immigration/aila-comments-on-proposed-rule-changes-for-j1-visas/feed/ 0 http://integrity-legal.com/legal-blog/us-visa-immigration/j1-visa-thailand-jobs-available-to-thai-j1-exchange-visitors/ http://integrity-legal.com/legal-blog/us-visa-immigration/j1-visa-thailand-jobs-available-to-thai-j1-exchange-visitors/#comments Sat, 11 Jul 2009 03:37:44 +0000 admin http://integrity-legal.com/legal-blog/?p=789 Many people around the globe long to travel to the United States. Thailand is no different as many Thai nationals seek entrance to the United States as either immigrants or non-immigrants. Those entering with non-immigrant status tend to be entering on a US tourist visa, US student visa, or an Exchange Visitor Visa. The Exchange Visitor Visa is often referred to by its Immigration category: the J1 visa. There are certain requirements for obtaining a J1 visa and it is a somewhat unique visa because it confers certain rights and restrictions not imposed upon non-immigrants entering the United States upon visas in other categories.

While the Department of Homeland Security is the primary agency with the mandate to facilitate the obtainment of exchange visitor visas, the Department delegates the task of exchange sponsorship to others, namely businesses, organizations, and other government agencies. Those organizations responsible for carrying out this Department of Homeland Security delegated mandate assist J1 applicants in entering the United states of America in order to engage in one of the following vocations:

1. Au pair (Nanny)

2. Camp Counselor

3. Student, college/university

4. Student, secondary

5. Government Visitor

6. International Visitor (reserved for U.S. Department of State use)

7. Alien physician

8. Professor

9. Research Scholar

10. Short-term Scholar

11. Specialist

12. Summer work/travel

13. Teacher

14. Trainee

For more information on each of these vocations please see the United States Department of State Website

Those wishing to engage in the above activity may be eligible to receive a J1 visa. That being said, documentation and interviews will most likely be required before the J-1 visa will be issued by the US Embassy in Thailand. As with any United States Visa, final visa application approval is provided by US State Department consular officers working at posts in Thailand. There are two diplomatic posts in Thailand which handle J1 visa petitions: the US Embassy in Bangkok (already mentioned) and the United States Consulate General in Chiang Mai.

As mentioned previously on this website, those seeking to bring a loved one to the United States on a J-1 visa because they wish to bypass comparatively longer processing times for family based visas should think twice before doing so. First of all, obtaining a non-immigrant visa when the applicant actually has immigrant intent is viewed by US officials as defrauding the United States Citizenship and Immigration Service. Further, obtaining and entering the USA on a J1 visa may be a bad tactical decision for those wishing to bypass K-1 visa or K-3 visa wait times because a J1 visa entrant may have a 2 year foreign residency requirement imposed upon them before they may reenter the United States. As a general rule, if one wishes to bring a loved one to the USA on a Fiance visa or Marriage visa, then it is best to use those designated visa categories rather than the J-1 visa.

(Please be aware that none of the above is intended for any use other than education. This is not legal advice. For legal advice contact a licensed US Attorney. No attorney-client relationship shall be created between the author and any reader of this posting.)