FREQUENTLY ASKED QUESTIONS (Updated on 01/04/2023)
We share your concerns for everyone’s health, safety, and welfare and the situation regarding COVID-19 as it continues to evolve. Please follow the links below for the latest guidance for Exchange Visitor Program sponsors and participants.
VIEW ARCHIVED FAQs
FOR J-1 VISA APPLICANTS/SELECTEES (Updated 5/1/20)
- Due to the COVID-19 pandemic, can the requirement for the “Statement of Need” (SoN) letter for J-1 Alien Physicians be waived?
- Public Law 94-484, as reflected at 22 CFR 62.27(b)(6), requires that alien physician applicants provide SoN letters from the governments of the countries of their most recent legal permanent residence. Such letters must include written assurance, satisfactory to the Secretary of the U.S. Department of Health and Human Services, that there is a need in those countries for persons with the skills the alien physicians seek to acquire. SoN letters must bear the seal of the concerned governments and be signed by a duly designated official of the governments.
- The SoN letter is a requirement that cannot be waived. While the Department generally requires SoN letters to be provided by the relevant Ministries of Health, this may not be possible at this time. Temporarily, and due to the COVID-19 crisis, the Department will allow flexibility to help applicants meet this requirement. For example, the Department will allow both electronically signed SoN letters from Ministries of Health and SoN letters issued by foreign embassies in the United States, where the relevant countries have elected to authorize their embassies to provide these statements. For, individuals applying for fellowship training for whom ECFMG already has SoN letters on file for the related specialty, it is not necessary to submit new SoN letters. For further guidance, please reach out to ECFMG at: EVSP-support@ECFMG.org.
CURRENT PROGRAMS (Updated 11/23/23)
- In accordance with the General Provisions of the Exchange Visitor Program regulations, the Assistant Secretary for Educational and Cultural Affairs (ECA), U.S. Department of State extends the waiver and modification of certain regulatory requirements with respect to a temporary educational and cultural exchange program established pursuant to an arrangement between the Government of the United States and the Government of Ukraine. Under the original arrangement for Special Student Relief, eligible Ukrainian college and university students on J–1 visas who have continuously resided in the United States since April 11, 2022, could carry lighter course loads and work full- or part- time, on or off campus until October 23, 2023. Under the modified and extended arrangement, eligible Ukrainian college and university students on J–1 visas who have continuously resided in the United States since August 16, 2023, may carry lighter course loads and work full- or part-time, on or off campus until April 19, 2025. This arrangement was established to ameliorate these students’ financial and other hardships due to the Russian invasion of Ukraine.
- DATES: The extension and modification of SSR was effective on October 20, 2023 and will now remain in effect until April 19, 2025, unless the U.S. Government unilaterally ends the arrangement early or the U.S. Government and the Government of Ukraine together extend its termination date.
- FOR FURTHER INFORMATION CONTACT: Rebecca A. Pasini, Deputy Assistant Secretary, Directorate of Private Sector Exchange, Bureau of Educational and Cultural Affairs, at 2200 C Street NW, SA–5, Washington, DC 20522 or by telephone at (202) 826–4364 or via email at JExchanges@state.gov.
- SUPPLEMENTARY INFORMATION: The Assistant Secretary for Educational and Cultural Affairs extends the waiver and modification of certain regulatory requirements with respect to a temporary educational and cultural exchange program established pursuant to an arrangement between the Government of the United States and the Government of Ukraine for Special Student Relief (SSR). This arrangement was initially established through an exchange of notes on June 14 and August 18, 2022. [The initial terms of the Special Student Relief program were published in the Federal Register on April 5, 2023 (88 FR 20202–20203).]
Consistent with that arrangement, the Assistant Secretary temporarily waived or modified relevant provisions in 22 CFR part 62.23, such that eligible Ukrainian college and university students on J–1 visas to the United States were able to carry lighter course loads and work full- or part- time, on or off campus, through October 23, 2023.
Under the modified arrangement with the Government of Ukraine, SSR is expanded to apply to eligible Ukrainian college and university students on J–1 visas who have continuously resided in the United States since at least August 16, 2023, consistent with the extension of Temporary Protected Status (TPS) for Ukraine. Similarly, under the extension of the arrangement, SSR is extended to remain in effect until April 19, 2025.
Under the modified and extended arrangement, the temporary waiver and modification of relevant portions of 22 CFR part 62.23 will continue as described in 88 FR 20202–20203, except that eligible individuals must have continuously resided in the United States since at least August 16, 2023.
Responsible Officers of academic institutions may authorize SSR for Ukrainian college and university students in J–1 status if they have continuously resided in the United States since at least August 16, 2023, and meet the reduced course load requirements set forth in the Notice at 88 FR 20202. To authorize on-campus or off-campus employment for these students, Responsible Officers should update the students’ records in the Student and Exchange Visitor Information System (SEVIS) by notating the following text in the ‘‘Remarks’’ field: ‘‘Special Student Relief work authorization granted until April 19, 2025.’’ To authorize a reduced course load due to such employment, Responsible Officers should also notate the ‘‘Comment’’ field in the SEVIS record with the following text: ‘‘reduced course load authorized.’’ Responsible Officers should monitor students at the start of each term to confirm that students seeking to reduce their course loads intend to work more than 20 hours a week or that students who availed themselves of reduced course loads intend to continue to work more than 20 hours a week.
If the arrangement between the United States and Ukraine is terminated early or extended again, Responsible Officers should update the Remarks field accordingly. Exchange visitors participating in SSR at the time the arrangement ends may continue their current employment and course load through the end of the academic term during which the arrangement ends.
Rebecca A. Pasini, Deputy Assistant Secretary, Directorate of Private Sector Exchange, Bureau of Educational and Cultural Affairs, U.S. Department of State.
- The updated federal register notice on Ukrainian Special Student Relief implies that a reduced course load is necessary only if an exchange visitor reduces their course load and plans to retain a reduced courseload each semester through April 19, 2025. Is this correct?
- Ukrainian Special Student Relief (SSR) was established to alleviate students’ financial and other hardships due to the Russian invasion of Ukraine. Eligible Ukrainian college and university students can choose to carry a lighter course load provided that they also work more than 20 hours per week. Responsible Officers should monitor students at the start of each term to confirm that students seeking to reduce their course loads intend to work more than 20 hours a week.
- Is the exchange visitor required to maintain both a reduced courseload and work more than 20 hours a week (combination of on/off campus hours)?
- There is no requirement that the exchange student plan to retain a reduced course load through April 19, 2025, to be eligible for the SSR. Exchange students can determine whether to utilize the terms of the SSR on a per semester basis. The employment can be a combination of on and off campus.
- Can the authorization come from an Alternate Responsible Officer?
- Authorization can come from a Responsible Officer or an Alternate Responsible Officer.
- POST-PROGRAM GRACE PERIOD: May sponsors allow exchange visitors to travel during the 30-day period after their program end dates when ending/shortening their exchange programs?
- There are no changes to regulations governing exchange visitors’ 30-day grace period following their program end dates. However, sponsors should encourage exchange visitors to follow guidance from the Centers for Disease Control and consider health, safety, and welfare implications for travel at this time.
FUTURE PROGRAMS (Updated 3/29/23)
- Does ECA plan to continue the temporary modifications it put in place during COVID-19 after June 2023? For example, will exchange visitors be permitted to take online classes, or participate in host companies’ telework policies?
- ECA continues to assess its COVID-19 guidance issued on March 11, 2020, in which we asked sponsors to find alternative ways to maintain program objectives, including online classes or other arrangements, while preventing unnecessary exposure to COVID-19. We expect to be in a position prior to June 30, 2023, to provide updated guidance for the coming year. While the pandemic necessitated shifting some programs temporarily to virtual programming, ECA reminds sponsors that the Exchange Visitor Program is designed to foster the exchange of ideas between exchange visitors and Americans in person. As such, we anticipate exchanges will move back to predominantly in-person activities. In the interim, ECA confirms that previous FAQ guidance regarding limited temporary virtual/online program adjustments remain valid.
- ON-LINE V. IN-PERSON EXCHANGES: Can exchange visitors starting new programs participate in 100% on-line/virtual programs?: The purpose of the EVP is to facilitate in-person exchanges. For example, college and university student programs must generally take place "at a degree-granting post-secondary accredited academic institution" (2 CFR 62.23(a)); teachers must teach "in an accredited primary or secondary school" (22 CFR 62.24(d)(5)); secondary school students “are afforded the opportunity to study in the United States at accredited public or private secondary schools” (22 CFR 62.25(b)); and professors "must conduct their exchange activity at the site(s) of activity" although occasional lectures or consultations are allowable at other locations (22 CFR 62.20(f)). Similarly, intern and trainee programs require exchange visitor interaction with Americans to meet program objectives: “Such training and internship programs are also intended to increase participants' understanding of American culture and society and to enhance Americans' knowledge of foreign cultures and skills through an open interchange of ideas between participants and their American associates. (22 CFR 62.22(b)). While the COVID pandemic necessitated shifting some programs temporarily to online or virtual programming to provide for the health, safety, and welfare of participants, the Office reminds sponsors that the EVP generally requires programs to foster the exchange of ideas between exchange visitors and their American counterparts in person. Thus, new exchange visitors can participate in programs only if the host organizations (e.g., schools or businesses) have reinstated partial to full in-person activities as of the date sponsors accept exchange visitors into their programs.
- ON-LINE V. IN-PERSON TRAINING: Can applicants wishing to participate in the Intern or Trainee categories of BridgeUSA participate in online/hybrid training programs or must all training be in person?
- The purpose of BridgeUSA is to facilitate in-person exchanges. Regulations governing the Intern and Trainee categories anticipate in-person interaction between exchange visitors and their American counterparts: “Such training and internship programs are also intended to increase participants' understanding of American culture and society and to enhance Americans' knowledge of foreign cultures and skills through an open interchange of ideas between participants and their American associates.” (22 CFR §62.22(b)(1)(i)) While these regulations do allow the Department to provide some flexibility in permitting a limited amount of virtual training, the Bureau of Educational and Cultural Affairs reminds sponsors that BridgeUSA generally requires programs to foster the exchange of ideas between exchange visitors and their American counterparts. Thus, host organizations should have reinstated partial to full-time in-person training or be able to meet other formal in-person requirements on the date they agree to host exchange visitors.
SECONDARY SCHOOL STUDENT PROGRAMS (Updated 6/1/22)
- VIRTUAL VETTING AND MONITORING: For the 2022/23 academic year, may local coordinators substitute in-person vetting and monitoring of exchange students and host families with virtual communications?
- The Exchange Visitor Program regulations direct sponsors to conduct host family vetting and exchange student monitoring to protect the health, safety, and welfare of exchange students. The regulations set forth at 22 C.F.R. § 62.25 require in-person contact (e.g., initial interview, orientation, first month’s contact, second home visit). During the beginning of the COVID-19 pandemic, these in-person activities may have been limited as a result of stay-at-home orders, social distancing requirements, and other health-related situations. Given expanded access to vaccines, masks, and testing, the Department updates its temporary guidance with respect to these in-person requirements. Sponsors are now required to resume in-person vetting and in-person visits to remain in compliance with the Exchange Visitor Program regulations.If a local coordinator, exchange student, or host family is in quarantine or isolation due to COVID-19 exposure, sponsors may conduct a virtual visit as a temporary measure until in-person contact can take place.
- * Sponsors who utilize virtual technology (due to COVID-19 exposure) for conducting interactions with exchange students and/or their host families are required to fully document the reason for the virtual meeting and all uses of virtual technology to meet requirements, including digitally saving video files.
- * Sponsors must reschedule the in-person visit as soon as it is safe to do so.
- * Sponsors should be ready to provide such information if requested by the Department.
CRIMINAL BACKGROUND CHECKS (Updated 6/1/22)
- Can sponsors forgo criminal background checks if, e.g., county offices are closed and it is not possible to conduct manual searches?
- Sponsors continue to be required to conduct character reference checks and criminal background checks, as specified in the regulations. The regulations generally do not identify specific requirements for criminal background reports themselves, except that for certain programs they must include a search of the Department of Justice's National Sex Offender Public Registry (which is online). This requirement remains in effect.
SPONSOR OBLIGATIONS
- APPLICATION FOR REDESIGNATION: Does the Department of State plan to postpone or waive the requirement to apply for redesignation or to pay the associated redesignation fee due to the financial hardship that sponsors may face due to COVID-19 and/or the suspension of certain programs pursuant to the recent Presidential Proclamation?
- No. The regulations do not allow for the Department to waive the requirement for sponsors to submit a complete application for redesignation (see 22 CFR §62.7). As per §62.7(a), sponsors must file for redesignation no more than six months and no fewer than three months before the designation expiration date set forth in their most recent letters of designation or redesignation. A complete application includes confirmation of payment of the required non-refundable application fee throughpay.gov(see 22 CFR §62.7(b)(3) and §62.17).
- WAIVER OF FIVE PARTICIPANT REQUIREMENT: Can sponsors pause their exchange programs due to financial hardship resulting from COVID-19?
- Yes, the Department will consider requests submitted by sponsors that, pursuant to 22 CFR § §62.8(a), seek a Department waiver, for up to one year, of the requirement that they have no fewer than five actively participating exchange visitors during the annual reporting cycle. Please note, however, that sponsors must keep their designations current throughout any such pause in program. Please contact the Office of Private Sector Exchange Designation to discuss this option.
- SPONSOR ANNUAL REPORTS:Will the Department allow extensions for filing annual reports required by 22 CFR §62.15(a)?
- No. The Department requires all sponsors to submit annual reports on an academic, calendar, or fiscal year basis, as indicated in their letter of designation or redesignation. The Department does not foresee any circumstances that would alter the upcoming deadlines. Annual report narratives should explain program highlights as well as difficulties, especially due to the COVID-19 pandemic. Sponsors are encouraged to provide data and/or narratives on the number of exchange visitors who had to shorten their programs or those who had difficulties with repatriation.
- INSURANCE COVERAGE DURING EXTENSIONS: Are sponsors required to extend insurance for exchange visitors whose programs are extended beyond the original program end dates? If so, who is financially responsible for the extra insurance?
- Yes, sponsors must require that exchange visitors maintain insurance coverage while participating in an exchange program, from the start to end date of their programs. Insurance coverage during program extensions should be funded in the same manner as it was funded during exchange visitors’ initial programs.
- ENDED PROGRAMS: Are sponsors responsible for exchange visitors whose programs have been extended but are no longer pursuing program activities, seeking visa status change, and/or updating sponsors with their whereabouts?
- Sponsors are responsible for exchange visitors who are in “active” status. As always, they should end in SEVIS the programs of exchange visitors who are no longer pursuing program activities or fail to update sponsors with their whereabouts. To the extent possible, sponsors should assist exchange visitors who are stranded in the United States at their programs’ end due to travel restrictions or border closures.
TRAVEL/ VISA SERVICES (Updated on 9/09/24)
- Can a post-secondary exchange visitor who has transferred program sponsors while on program in the U.S use an unexpired J-visa, with the previous sponsor’s annotation, to re-enter the United States?
- Yes. An exchange visitor who has transferred to another sponsor and maintains the same SEVIS ID may exit and re-enter the United States on an unexpired J-visa. This re-entry is allowed with the previous designated program/sponsor annotation, provided that the Responsible Officer or Alternate Responsible Officer gives a travel validation signature on the current Form DS-2019 of an exchange visitor prior to their international travel.
- A new visa is required following the transfer of program when: 1) the exchange visitor travels internationally AND 2) the J-visa has already expired or will expire before the date of U.S. re-entry. Exchange visitors approved for a change of category must obtain a new J-1 visa if/when they exit and want to re-enter the U.S. to continue their exchange program. See also: 9 FAM 402.5 (U) STUDENTS AND EXCHANGE VISITORS – F, M, AND J VISAS (state.gov)
- Can a J visa applicant in any category receive a waiver of the in-person interview requirement?
- Consular officers may waive the in-person interview requirement for certain J visa applicants who were previously interviewed by a consular officer and issued a nonimmigrant visa in any other visa category. This waiver applies if the applicants are applying within 48 months of the most recent visa's expiration, unless the only prior visa was a B visa; in such cases, the interview cannot be waived for the J visa. Consular officers may also waive the in-person interview requirement for certain J visa applicants renewing in the same category within 48 months of the previous visa’s expiration. While J visa applicants, including applicants for academic and non-academic exchange visitor programs, may be eligible for a waiver of the interview requirement, it's important to note that all applicants, including J-2 dependents, must independently qualify for an interview waiver based upon these requirements.
- The interview waiver is no longer limited to J visa applicants with the same SEVIS number from their prior visa. J visa applicants are still required to present an unexpired Form DS-2019 and, when required, pay the appropriate visa application processing fee and any applicable reciprocity fee.
- Consular officers may still require an applicant to submit to an in-person interview on a case-by-case basis or because of local conditions in their country. We strongly encourage applicants to check the website of the relevant U.S. embassy or consulate where they are applying for information on interview waivers and guidelines. Important Update on Waivers of the Interview Requirement for Certain Nonimmigrant Visa Applicants (state.gov)
- What is the current guidance for J-1 exchange visitors regarding COVID-19 testing and vaccination requirements?
- According to the latest Centers for Disease Control and Prevention guidance, as of 12:01 a.m. EDT on May 12, 2023, noncitizen nonimmigrant air passengers no longer need to show proof of being fully vaccinated with an accepted COVID-19 vaccine to board a flight to the United States. More information here: No Longer in Effect - Amended Order: Implementing Presidential Proclamation on Safe Resumption of Global Travel During the COVID-19 Pandemic | Quarantine | CDC
VISA APPLICATION FEES: For how long is a visa application fee receipt valid?
A nonimmigrant visa application fee receipt is valid to make an appointment one year from the date of payment. This fee is nonrefundable and non-transferrable.