Category Codes as defined by DHS and Dept. of State
From: Nindel, James F(EGAT/ED/FS)[mailto:JNindel@usaid.gov]
Sent: Wednesday, April 06, 2005 8:18 AM
Subject: For Mission VCS Approvers - Deciding on Which Visa Category To Use.
Greetings Mission VCS Approvers:
As a follow-up to the recent release of ADS 252, I would like to go into more detail regarding which Exchange Visitor category to Approve or Verify in the VCS. It is very important to understand that the J visa is not a "student visa". In actuality, it is an exchange visitor visa, which can include students as a sub-category, (among other sub-categories). As the largest government user of J-1 visas, USAID is able to sponsor individuals under J-1 categories that are sufficiently broad enough to accommodate the full scope of U.S.-based training and education activities, as well as the range of other exchange visitor non-training activities, (i.e. conference attendees or presenters).
As you plan for future activities in the U.S. (or as you Approve or Verify exchange visitor data in the VCS), please consider the following explanation of the Agency's exchange visitor categories:
Government Visitor (Limitation of stay: up to 18 months) — Participants in this category may include editors, business and professional persons, government officials and labor leaders. The objective of this category is to develop and strengthen professional and personal ties between key foreign nationals and Americans and American institutions. For example, a Mission could sponsor a Minister of Agriculture under the Government Visitor category for a one-month Collaborative Research Support Program (CRSP), facilitated by a U.S. university.
Short-Term Scholar (Limitation of stay: up to 6 months) — A short-term scholar may be a professor, a research scholar, or a similarly accomplished and educated individual, who visits the United States to lecture, to observe, to consult, to provide training, or to demonstrate special skills. Short-term scholars possess advanced degrees. For example, a Mission could sponsor a self-employed health professional under the Short-Term Scholar category for a one-week observational study tour of state public health facilities in the U.S.
Specialist (Limitation of stay: 1 year) — A specialist may be an individual with advanced or expert knowledge in a given field, such as mass media, environmental science, or mechanical engineering, who travels to the United States to observe, to consult, or to demonstrate special skills. The specialist may promote mutual enrichment and may further linkages among scientific institutions, government agencies, museums, corporations, or other organizations. For example, under the Specialist category, a Mission could sponsor an individual with an advanced degree in Social Services to observe, consult, or demonstrate special skills at a workshop on reproductive health services.
Research Scholar (Limitation of stay 3 years) — A Research Scholar may be a foreign professor and academic professional who enters the United States for the purpose of researching, teaching, and lecturing with their American colleagues. Alien physicians in graduate medical education or training and short-term scholars are not included in this category. The eligible participant shall not be a candidate for a tenure track position. For example, under the Research Scholar category, a Mission could sponsor a university professor for the pursuit of research in Environmental Engineering, at a U.S. University, for as many as 3 years.
Student, Post-Secondary (College and University) — This category provides foreign students the opportunity to study at a degree-granting post-secondary accredited educational institution. Students may participate in degree and non-degree programs. Duration of stay is contingent upon a full course of study towards Associate, Bachelor, Master, or Doctoral degrees, or full time non-degree programs of up to 24 months. For example, under the student category, a Mission could sponsor an individual for education leading towards an Associate's degree in business administration at a U.S. Community College.
Trainees (duration of stay: maximum 18 months) - This category is intended to enhance the exchange visitor's skills in his or her "specialty" or "non-specialty" occupation through participation in a structured training program, which improves the exchange visitor's knowledge of techniques and methodologies within a given field. For example, under the trainee category, a Mission could sponsor a radio broadcaster for short-term training in media & communications, facilitated by an international programs division of an association of media professionals in the U.S.
Please note: In terms of the requirement for use of a J-1 Visa, any potential exception would occur only with the written justification of the Mission Director, in uncommon circumstances such as for high-level government officials holding pre-existing A visas and having recognized diplomatic titles, privileges and immunities; and for other individuals whose travel is required in order to meet urgent, sensitive, and high priority Mission program requirements, when such action is deemed in the best interest of the Agency (see ADS 252.3). Additionally, USAID-employed FSNs or employees of USAID contractors who travel to the U.S. do not have to come on a J-visa.
Please let me know if you would like any assistance in developing or implementing these provisions in your Mission Order for Training or your Mission Order for Exchange Visitors. And, please share this e-mail with your implementers as necessary.
Thank you.
Jim Nindel, EGAT/ED
Footnote: Please refer to Newsletter Vol. 2 No. 4 for an additional explanation of minimum length of stay and how this affects the use of category codes for USAID-sponsored participants.