Most foreign professors, researchers, scientists, artists, and
performers coming to Indiana State University (ISU) as visiting scholars
will be required to obtain a J-1 exchange visitor visa to enter the U.S.
This is especially important if the scholar is to receive any
payment from ISU. Please see
the J Visa section below for information on how to obtain a J-1 visa.
There may be cases, however, when short-term visiting scholars can come
into the country on a B-1/B-2 visa or on the visa waiver program.
See the appropriate section below for information on these two
possibilities.
Before applying for a visa to enter the U.S., it is important that the
scholar identify which visa he or she should apply for.
Scholars should contact IPS with questions or concerns.
For more information, visit the USCIS website at
http://www.uscis.gov/portal/site/uscis.
Groups of scholars or students coming to ISU to take part in short-term
programs should consult IPS about which visa is appropriate for the
program they are participating in.
Members of most visiting delegations will be required to obtain
either a B-1/B-2 visa* or a J-1 visa.
Some, however, may be eligible for the visa waiver program. See
the appropriate section below or visit
http://www.uscis.gov/
for information on these possibilities.
*It is important to note that the B-1/B-2 visa is primarily intended for
those entering the U.S. for either business or pleasure.
USCIS regulations prohibit a B nonimmigrant from enrolling in “a
course of study” (C.F.R. 214.2 (b) (7)).
USCIS has provided the following clarification of this rule:
“The term ‘course of study’ implies a focused program of classes,
such as a full-time course load leading to a degree or, in the case of a
vocational student, some type of certification.
Casual, short-term classes that are not the primary purpose of
the alien’s presence in the United States, such as a single English
language or crafts class, would not constitute a ‘course of study.’
Courses with more substance or that teach a potential vocation,
such as flight training, would be considered part of a ‘course of study’
and thus would require approval of a student status” (April 12, 2002 INS
field memorandum, p. 2).
Members of a visiting delegation taking part in a course or training at
ISU should carefully consider the above information when deciding
whether or not to apply for a B visa.
Contact IPS with questions or concerns.
The following categories are included among those who may be eligible
for J-1 visas:
For a detailed description of these categories, visit
http://travel.state.gov/visa/temp/types/types_1267.html.
In order to obtain a J-1 visa, you must submit your Form DS-2019 (which
will be issued and sent by IPS), together with a valid passport, to the
American Embassy or Consulate nearest to your place of residence. Before
issuing the DS-2019, all scholars and program participants applying for
a J-1 visa are asked to fill out and send the
DS2019 Information Sheet located
on the IPS website . Since
issuance of the J-1 visa can take several days or weeks, it is
recommended that this sheet be given to IPS as early as possible.
Other requirements for applying for a J-1 visa can be found at
http://travel.state.gov/visa/temp/types/types_1267.html#6.
For visiting scholars who will be receiving compensation (either from
ISU, the scholar’s institution, or another organization) during their
stay at ISU, contact The Office of the Controller at (812) 237-3535 for
information about payment and taxes.
It is important to note that those who have entered the country on a J-1
visa may be subject to the
two-year home residency requirement.
This rule requires that exchange visitors who are subject to the
two-year home residency requirement return to their home countries and
be physically present there for two years before being eligible for
immigrant status, a J visa, an H visa, or an L visa.
Exchange visitors subject to this requirement are also not
eligible to change to permanent resident status or any other
non-immigrant category (except A and G) while in the U.S.
An exchange visitor may request that the two-year home country
residency requirement be waived.
Information regarding the waiver process is available at
https://j1visawaiverrecommendation.state.gov/.
All exchange visitors to ISU are required to have
valid health insurance coverage
while in the U.S. and to show evidence of that coverage to IPS upon
arrival.
The B-1 visa is appropriate for visitors who wish to come to the U.S. to
engage in temporary commercial, business, or professional activities
related to their employment or business abroad.
The Foreign Affairs Manual (FAM) at 9 FAM 41.31 note 5 provides
the following examples of common uses of the B-1 category:
The B-2 visa is appropriate for visitors who wish to come to the U.S.
temporarily for pleasure.
Examples of legitimate uses for this visa include:
More information about the B-1 and B-1 visas, including application
procedures, can be found at
http://travel.state.gov/visa/temp/types/types_1267.html#6.
See * above for information about studying on a B visa.
The Visa Waiver Program allows nationals of several countries to visit
the U.S. for pleasure or business for up to 90 days without a visa
stamp. These individuals do
not need to apply or pay for a visa stamp, and they do not need to visit
a U.S. consulate before they visit the U.S.
A list of countries in the Visa Waiver Program and more information
about the visa waiver can be found at
http://travel.state.gov/visa/temp/without/without_1990.html.