J-1

DOS Provides Opportunity for Additional Academic Training for J-1 College and University Students in STEM Fields

The U.S. Department of State, through the BridgeUSA program, announced an opportunity for certain College and University Student Exchange Visitors in DHS-designated STEM fields to obtain additional Academic Training time.

Eligible Exchange Visitors must be undergraduate and pre-doctoral degree-seeking J-1 College and University Students who are pursuing or recently completed STEM-related studies. The initiative, which will run for the next two academic years (2021-2022 and 2022-2023), will increase the maximum length of Academic Training from 18 months to 36 months.

Academic Training is a limited form of work authorization for J-1 College and University Students which permits practical training opportunities during or immediately after studies that are directly related to the student’s major field of study. Current regulations cap Academic Training for undergraduate and pre-doctoral candidates at 18 months, with a limited exception permitting “additional time for academic training . . . to the extend necessary for the exchange visitor to satisfy the mandatory requirements of his or her degree program in the United States.” 22 CFR 62.23(f)(4)(ii).

The new initiative further supports the Biden Administration’s recent actions to advance predictability and clarity for pathways for international STEM scholars, students, researchers, and experts to contribute to innovation and job creation efforts across America.

Sponsors seeking DOS approval of STEM Academic Training extension requests are reminded they must comply with the regulations at 22 CRR 62.43(c), including submitting extension requests through the Private Sector’s Office of Designation by email, and including the student’s STEM field and corresponding CIP code.

H, L, and J Nonimmigrant Visa Ban Sunsets; What to Expect (April 1, 2021)

Presidential Proclamation 10052 (PP 10052), which suspended entry of nonimmigrants in the H-1B, H-2B, L-1, and certain J-1 categories, and their dependents, has expired as of March 31, 2021. This is welcome news; however, the expiration of PP 10052 will not likely result in immediate processing of nonimmigrant visa applications, given the current state of U.S. consular operations.

The COVID-19 global pandemic continues to impact post operations and with many health-related bans still in place, will likely continue to impact posts’ ability to process cases. Many posts are prioritizing the issuance of immigrant visas, and this is likely to impact the availability of appointments and processing times for nonimmigrant visas.

The nonimmigrant proclamation had been in effect since June 24, 2020, and was initially scheduled to expire on December 31, 2020, but former President Trump extended the ban through March 31, 2021. President Biden revoked a companion Trump-era immigrant visa ban on February 25, 2021, but let the nonimmigrant ban run its course through the end of March.