These are days of adjustments and new developments in the United States Citizenship and Immigration Services (USCIS). They now report that it has published policy guidance in the agency’s Policy Manual regarding the requirement of a two-year stay abroad for the classification of foreign visitors as non-immigrants.

What changed? The update adds information on how USCIS determines whether the requirement has been met, the evidence the beneficiary applicant must provide to demonstrate compliance with the requirement, and how it considers situations in which it is factually impossible for the benefit applicant to meet the requirement. .

It also corrects an omission in the existing content of the Policy Manual on one of the causes of exemption from the foreign residency requirement for foreign medical graduates. This update provides the rationale and clarifies the employment requirements.

Changes have been announced to the United States’ H-1B visa program, allowing foreign entrepreneurs to self-sponsor

The USCIS explained in the press release “that it will be analyzed on a case-by-case basis and will include when applicants cannot prove they have lived in their home for two years. For example, doctors who have gone on missions.”

These new guidelines are mandatory, La Nación indicates, and the USCIS may consult the Department of State with any questions.

What is the J-1 classification

The J-1 classification (exchange visitors) is permitted for those who intend to participate in an approved program for the purpose of teaching, instructing or teaching, studying, observing, conducting research, advising, demonstrating special skills, receiving training or receiving postgraduate medical care. education or training.

USCIS Clarifies the Procedure for Obtaining the L-1 Non-Immigrant Visa and Prevents Applicants from Making Mistakes

“Certain J-1 exchange visitors are subject to a foreign residency requirement, which requires them to reside and be physically present in their country of nationality or last legal registration before they are eligible to apply for an immigrant visa, adjustment status, or non-immigrant visa H, L or K,” reads the USCIS policy guide and publishes La Nación.

In carrying out the responsibilities of the Exchange Visitor Program, the Department of State designates public and private entities that may serve as exchange sponsors.

J-1 nonimmigrants are sponsored through an exchange program designated by the U.S. Department of State.

These programs are intended to promote the exchange of people, knowledge and skills in the fields of education, art and science.

How does having a family member who is a citizen of the United States affect tourist visa processing?

According to USCIS, examples of exchange visitors include:

• Teachers or academics

• Research assistants

• Students

• Pupils

• Teachers

• Specialists

• Au Pairs (nannies)

• Camp counselors

Since when is the new update valid?

The guidelines will take effect immediately upon publication and will be published on Tuesday, October 24, 2023.

For more information, visit USCIS at this link

For the new policy guidelines in the USCIS Policy Manual, see here

(JO)