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OI 248.5 Change of status to exchange alien.
When a change of nonimmigrant status to J status is requested by an agency of the United States Government, Form IAP-66 submitted by the agency shall be accepted in lieu of Form I-506 and no fee for the change of status shall be required. Form IAP-66 submitted by the Institute of International Education on behalf of a participant in Exchange Visitor Program Number G-I-I shall be regarded as having been submitted by the General Counsel United States Information Agency Washington D.C. 20547, since the Instit
ute acts as the agent for that agency.
The Department of State generally does not look favorably upon a request by a J-I principal for a change to J-2 status because it expects such principal to return abroad upon completion of the program. Therefore a J-2 alien who is eligible for an is seeking a change to J-1 status in a program that may extend beyond the J-1 principal's program should be so informed. The alien should also be requested to advise in writing as to whether, with that knowledge the change to J-1 status is still desired. The for
egoing applies irrespective of whether the J-1 principal is subject to the foreign residence requirement of the Act. If the J-1 alien indicates that the change of status is still desired, the request shall be disposed of on its merits. Generally the views of the General Counsel, United States Information Agency, Washington D.C. 20547, should be obtained if the original J-1 principal subsequently seeks change to J-2 status and approval is contemplated.
The Department of State has informed this Service that it considers that a change from F-1 status to J-1 status merely to enable the spouse to work would constitute a misuse of the Exchange-Visitor Program. Such an application should be denied. An exception thereto may made, in the discretion of the district director,if the change in status will make the alien subject to the foreign-residence requirement of section 212(e).
A nonimmigrant granted a change of status to that of a J-1 alien shall be advised,in writing, that he may engage only in activities authorized by the exchange program in which he will participate.
Before granting an alien a change to J-1 status which will subject him to the foreign residence requirement of section 212 (e), the alien shall be informed that he will be subject to that requirement. He shall also be informed of any possible alternative nonimmigrant classification for which he appears qualified.
Each applicant for a change of J classification shall be required to executed page 2 of copy one (white) of Form IAP-66. The approving immigration officer shall endorse Part II of Form IAP-66 to show his determination as to whether the applicant is subject to the foreign residence requirement of section 212(e). Upon approval of an application for change to J-1 status, all three copies of the applicant's Form IAP-66 shall be endorsed in the "I.N.S. Use" block to state "Change to J-1 approved" and to show
the location code of the approving office, the date of approval, and the date until which the alien's stay is authorized. See O 214.2(j)(1) with respect to the disposition of the copies of the Form IAP-66.