A foreign national may enter the United States in J-1 status if "(s)he has a foreign residence which he has no intention of abandoning, is coming to the United States temporarily to participate in a program designated by the USIA, and is a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge or skill". The purpose of the program is to provide foreign nationals the opportunity to acquire skills in the United States that they can use in their home country.
On the issue of whether the exchange visitor program may be used for computer consultants, the USIA Regulations do not specifically outline acceptable or non-acceptable activities. At best, the Regulations include an Exchange Visitors skills list which encompasses "fields in computer science, information science and systems analysis, computer programming, computer maintenance technologies, and data processing including but not limited to the use of data in analyzing census financial planning and feasibility studies".
It is permissible for exchange visitors to lecture, observe, consult, train, or demonstrate specific skills. The Regulations state that there is a distinction between receiving training which is permitted and gaining experience which is not permitted, although the Regulations do not explain the distinction.
Theoretically, a computer consulting firm can set-up a J-1 exchange program for a consultant under the trainee or specialist category of the J-1 classification. The regulations define a trainee as an individual participating in a structured training program conducted by the selecting sponsor. 22 C.F.R. 514.4 (c) The USIA will designate training programs in specialty and non-specialty occupations but not in unskilled occupations. The sponsor must certify that the training program is not designed to recruit and train aliens for employment in the United States. The regulations define a J-1 specialist as "an individual who is an expert in a field of specialized knowledge or skill coming to the United States for observing, consulting, or demonstrating special skills". 22 C.F.R. 514.26 (b).
