Integrity Legal

The J1 visa can be an effective travel document for those seeking admission to the United States for cultural and educational exchange. It was recently announced that certain changes will be implemented which may have a significant impact upon J1 visa applicants. The American State Department has made rule changes which may effect J1 visa processing, to quote a recent press release distributed by the American Immigration Lawyers Association (AILA):

On June 19, 2007, the Department published an interim final rule amending its regulations regarding Trainees and Interns to, among other things, eliminate the distinction between “non-specialty occupations” and “specialty occupations,” establish a new internship program, and modify the selection criteria for participation in a training program.

This document confirms the Interim Final Rule as final and amends the requirements to permit the use of telephone interviews to screen potential participants for eligibility, to remove the requirement that sponsors secure a Dun & Bradstreet report profiling companies with whom a participant will be placed and also amends this provision to provide clarification regarding the verification of Worker’s Compensation coverage for participants and use of an Employer Identification Number to ascertain that a third-party host organization providing training is a viable entity, and to clarify that trainees and interns may repeat training and internship programs under certain conditions.

It would appear that the US State Department is making these changes in order to better enjoy the benefits of technological advances. The use of telephone interviews for eligibility screening purposes will likely decrease overall processing time. Furthermore, repealing the Dun & Bradstreet report requirement will likely save individuals as well as companies time and resources when they opt to file for J-1 visa benefits on behalf of a foreign national.

The J-1 visa is often utilized by those who travel to the USA as exchange visitors. Often, those applying for such a travel documents do so at a US Embassy or US Consulate abroad. As the J-1 visa is a non-immigrant visa, the Consular Officer adjudicating the application must ascertain whether the applicant should be granted the visa notwithstanding the provisions of section 214b of the United States Immigration and Nationality Act which requires that those seeking a non-immigrant visa show “strong ties” to their home country and “weak ties” to the United States. Some are under the mistaken impression that a J-1 visa is a “dual intent” travel document akin to the L1 visa. Due to the provisions of section 214b of the INA, the applicant for a J1 visa should not maintain an intention to remain in the USA indefinitely.

For related information please see: US Tourist Visa.

Tags: 214(b), American State Department, Cultural Exchange Visa, Department of State, dual intent, Exchange Visitor Visa, J1 visa, L1 Visa, United States Immigration and Nationality Act, US State Department, US Visa, US Visa Bangladesh, US Visa Burma, US Visa China, US Visa India, US Visa Japan, US Visa Korea, US Visa Laos, US Visa Malaysia, US Visa Myanmar, US Visa Nepal, US Visa Philippines, US Visa Singapore, US Visa Thailand, US Visa Vietnam
Posted in General Legal Information, J1 visa, J1 Visa Thailand, K-3 Visa Thailand, L1 Visa, Miscellaneous, Thai Family Law, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Thailand, US Embassy Tokyo, US Embassy Vietnam, US Embassy Yangon, US Visa, US Visa and Immigration, US Visa Thailand | No Comments »

Frequently on this blog the author tries to post information that may be of relevance to future visa seekers. Below is a schedule of the holidays quoted from the website of the US Embassy in Dhaka, Bangladesh:

2010 Mission Holiday Schedule Following is the Holiday Schedule for 2010 that will be observed by all U.S. Government agencies in Bangladesh.

HOLIDAYS		DATES MISSION CLOSED
New Year’s Day	American	December 31, 2009	Thursday
Martin Luther King’s Birthday	American	January 17	Sunday+
Washington’s Birthday	American	February 14	Sunday+
Martyr’s Day (Int’l Language Day)	Bangladeshi	February 21	Sunday
Bengali New Year’s Day	Bangladeshi	April 14	Wednesday
Buddha Purnima#	Bangladeshi	May 27	Thursday#
Memorial Day	American	May 30	Sunday+
Independence Day	American	July 4	Sunday
Shab-e-Barat*	Bangladeshi	July 28	Wednesday*
Labor Day	American	September 5	Sunday+
Shab-e-Quadr*	Bangladeshi	September 7	Tuesday*
Eid-ul-Fitr*	Bangladeshi	September 12	Sunday*
Columbus Day	American	October 10	Sunday+
Durga Puja#	Bangladeshi	October 17	Sunday#
Veterans Day	American	November 11	Thursday
Eid-ul-Azha*	Bangladeshi	November 17 & 18	Wednesday* & Thursday
Thanksgiving Day	American	November 25	Thursday
Victory Day	Bangladeshi	December 16	Thursday
Christmas Day	American	December 26	Sunday+

Please note that, although the Bangladesh Government observes more Bangladeshi holidays than those noted above, only these will be observed for purposes of closing the Embassy.

Notes:		(*) Date subject to appearance of the moon.
		(#) Date subject to change as the religious pundits select an auspicious date based the zodiac,  position of star, moon or other celestial bodies.

(+) American holidays that normally fall on Friday, Saturday or Monday will be observed on the following or preceding workday, due to Sunday-Thursday work week in Bangladesh.

For those with business at any US Embassy or US Consulate overseas it is prudent to note that local events on the ground can have a tremendous impact upon US Embassies and Consulates as staff are generally not required to come to the Post and the Post will cease operation under special circumstances. Therefore, those who must travel to a US Embassy to visit American Citizen Services or the Visa Unit are well advised to call-ahead in order to be certain that the Post is open.

In Consular Processing matters,  Consular closures can delay the visa process. That said, those who still have a case pending with USCIS need to be less concerned with the Embassy’s holiday closing schedule and more immediately concerned with the current USCIS processing times. As the US Family Visa process is bifurcated it is wise to note that three major agencies are involved in the adjudication of US visa cases: USCIS, the National Visa Center, and the US Embassy with appropriate jurisdiction over the Beneficiary. Therefore, those seeking answers as to why the process is delayed would be wise to note which agency is currently in possession of the petition or application.

With regard to processing of certain visa categories, recent Department of State fee increases could have an effect upon the overall immigration process. This is of special importance for those seeking a K1 visa or a K3 Visa.

For further related information please see: US Visa Thailand or US fiance visa.

Tags: American Visa Bangladesh, Fiance Visa Bangladesh, K1 Visa, K1 Visa Bangladesh, K3 Visa, K3 Visa Bangladesh, US Consulate Bangladesh, US Consulate Dhaka, US Embassy Bangladesh, US Embassy Dhaka, US Embassy Dhaka Bangladesh, US Fiance Visa, US Visa Bangladesh, US Visa Thailand, USCIS
Posted in K1 Visa, K3 Visa, L1 Visa, US Embassy Bangladesh, US Embassy Dhaka, US Visa and Immigration, US Visa Thailand, USCIS | 8 Comments »