Inspector's Field Manual - Gani

Inspector's Field Manual
(1) Classification: J-1 An alien coming to participate in an exchange program to promote mutual
understanding between the U.S. and another country to include students, trainees, teachers, professors, and
research scholars.
Documents required: Passport valid for 6 months at time of entry unless exempt. Nonimmigrant visa (J-1)
unless exempt. Form IAP-66.
Qualifications: Must have a program sponsor authorized by the U.S. Information Agency as indicated on the
IAP-66 and be entering for the purpose specified on the IAP-66. All nonimmigrant grounds of inadmissibility
apply.
Terms of admission: Admit J-1 for Duration of Status.
Notations on I-94: Front: J-1, D/S. Reverse: Occupation from the list in Appendix 31-1 of the Adjudicator's
Field Manual and program number from the IAP-66.
Special notes:
(A) Missing IAP-66. If otherwise admissible and there is no bad faith involved, an exchange visitor
not in possession of Form IAP-66 may be admitted for 30 days and issued Form I-515. Instruct the exchange
visitor to obtain the necessary form and submit the I-515, IAP-66, and I-94 to the Service office having
jurisdiction over the program sponsor, within the 30 day period, for extension. Note reverse of I-94, both
sections "I-515."
(B) Certain exchange visitors with expired visas. J-1 exchange visitors and dependents with expired
visas who have been outside the U.S. for less than 30 days solely to contiguous territory or adjacent islands may
be readmitted if they have a valid IAP-66 [See 8 CFR 214.1(b)(1) and 22 CFR 41.112.].
(C) Employment authorization. J aliens may work in several circumstances. J-1 employment under the
terms of the exchange program, at the sponsor's work site, does not require issuance of an employment document
(EAD). See 8 CFR 274a.12(a). J-1 aliens entitled to practical training and those whose programs provide for
"open market" employment, and dependent J-2 aliens seeking employment under 8 CFR 214.2(j)(1)(v) may be
issued an EAD. [See 8 CFR 274a.12(c)].
(D) Two-Year Foreign Residence Requirement. Form IAP-66 includes a block which is endorsed by
the consular official issuing the visa or by the inspecting officer, containing a determination whether the
exchange visitor is subject to the 2-year foreign residence requirement of section 212(e) INA. An alien may be
subject to the foreign residence requirement for any of three reasons: if the exchange program is governmentally
financed, if the alien's occupation is on the "Skills List" for his or her country of nationality or last residence, or if
the purpose of the trip is to receive graduate medical education or training, then the alien may be subject to this
residence requirement. In most instances the consular official who issued the visa will have made the
determination whether the alien is subject. If there is no endorsement on the IAP-66 regarding this matter, then
you must make the determination at the time of inspection. The list of governmentally financed programs and
the "Skills List" you will need to make this determination are contained in Appendix 15-1. This procedure is
most critical when inspecting J aliens who are visa exempt. Such persons will not have had the foreign residence
requirement explained by a consular official and, therefore, may be entirely unaware of the potential
consequences of entry as an exchange visitor
(D) Disposition of Form IAP-66. Place admission stamp and "J-1, D/S" on all three copies of IAP-66.
Execute Part II of the form if it has not been completed by the consular official at the time of visa issuance. Mail
the original (white copy) to the Service office having jurisdiction over the area where the alien will reside.
Return the endorsed pink copy to the alien to be used for readmission. Mail the yellow copy to:
USIA, M/TO
330 Independence Ave, SW, Room G-720
Washington, DC 20547
(E) Special Exchange Notations. Exchange visitors from the People's Republic of China and former