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What is the purpose of the J-1 Visa?
The J-1 visa is used by foreign students, scholars, medical interns and residents, international visitors, and industrial and business trainees to enter the United States for the purpose of gaining experience, studying, or doing research in their respective fields.
What are the requirements to obtain a J-1 visa?
- The alien must enter the United States to participate in a designated exchange visitor program. The alien must receive a certificate of eligibility for exchange visitor (J-1) status from the U.S. organization (Form IAP-66).
- The alien must maintain a foreign residence which he or she has no intention of abandoning.
What are the necessary steps to obtain a J-1 visa?
A U.S. sponsor must establish its own exchange-visitor program by applying to the Department of State. When the program has been approved by the Department of State, then the U.S. sponsor may issue a Certificate of Eligibility (Form IAP-66) to an individual interested in obtaining a J-1 visa. The individual would then take the IAP-66 and an application for a nonimmigrant visa to his or her U.S. embassy in order to obtain a J-1 visa..
How long may an individual with a J-1 visa stay in the United States?
The period of stay for exchange visitors varies depending on the category in which the visitor is admitted. The time allowed is as follows:
Secondary School Students: One Year
University Students: For length of academic program
Post Doctoral Training: 36 months
Short Term Scholars: 6 months
Business Trainees: 18 months
Flight Trainees: 24 months
Teachers: 3 years
College Professors: 3 years
Au pairs: 1 year
Foreign Medical Graduates: 7 years
Are the spouse and minor children of the exchange visitor allowed to enter the U.S. with the J-1 visa holder?
Yes. The spouse and minor children of the exchange visitor (J-1 visa holder) may enter the U.S. with the J-2 visa. Each applicant must submit his or her own nonimmigrant application at the U.S. embassy.
Are the spouse and minor children of the J-1 exchange visitor allowed to work while in the United States in the J-2 Visa status?
Yes. The spouse and minor children may accept employment with USCIS authorization if their compensation will not be used to support the exchange visitor.
Are there some occupations for which an exchange visitor program will not be approved?
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Assemblers
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Hotel Cleaners
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Attendants, Parking lot
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Household Domestic Service Workers
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Attendants, Personal Service
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Housekeepers
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Amusement, Recreation
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Janitors
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Attendants, Gas Station
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Key Punch Operators
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Bartenders
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Kitchen Workers
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Bookkeepers, Level II
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Laborers, Common
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Caretakers
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Laborers, Farm
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Cashiers
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Laborers, Mine
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Charworkers and Cleaners
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Loopers and Toppers
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Chauffeurs and Taxi Drivers
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Material Handlers
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Cleaners, Hotel and Motel
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Nurses' Aides and Orderlies
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Clerks, General
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Packers, Markers, and Bottlers
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Clerks, Hotel
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Receptionists
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Clerks and Checkers, Grocery
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Sailors and Deck Hands
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Clerk Typists
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Sales Clerks, General
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Cooks, Short Order
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Sewing Machine Operators and Handstitcher
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Counter and Fountain Workers
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Stock Room and Warehouse Workers
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Dining Room Attendants
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Streetcar and Bus Conductors
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Electric Truck Operators
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Telephone Operators
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Elevator Operators
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Truck and Tractor Drivers
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Floorworkers
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Typists, Lesser Skilled
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Groundskeepers
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Ushers, Recreation and Amusement
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Guards
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Yard Workers
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Helpers, Any Industry
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What are the drawbacks of obtaining a J-1 Visa?
A two-year foreign residence requirement is imposed on some J-1 Visa beneficiaries. Any J-1 exchange visitor subject to the foreign residence requirement is ineligible for permanent residence or nonimmigrant visas in the H or L category until he or she spends two years in his or her home country. A waiver may be available in special cases.
Which individuals are subject to the two years foreign residence?
- Exchange visitors who come to the U.S. to receive graduate medical education or training;
- Exchange visitors whose training program is financed in whole or in part by either an agency of the U.S. government or by the government of the alien's home country.
- Exchange visitors who possess skills in short supply in their own countries.
In what circumstances may a waiver of the two years foreign residence be obtained?
- A waiver may be sought by an interested U.S. government agency on behalf of the exchange alien.
- A waiver may be obtained when the exchange visitor's compliance with the foreign residence requirement would result in exceptional hardship to his or her U.S. citizen or permanent resident spouse or child.
- Where the alien can demonstrate that he or she will be subject to persecution upon returning home.
- When the alien obtaUSCIS a "no-objection" letter issued by the alien's government stating that the foreign government has "no objection" to the alien remaining in the U.S.
Does the issuance of a J-1 Visa by a U.S. Consulate guarantee entry into the U.S.?
No. An immigration officer at a U.S. airport can deny a J-1 Visa holder entry into the U.S. if the officer suspects that the visa holder intends to remain in the U.S. indefinitely or permanently.
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