J-1 Exchange Visitor
J-1 visa is for aliens coming to the United States for participating in an exchange-visitor program approved by the United States. The purpose of the Act is to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges.
Participants include students at all academic levels; trainees obtaining on-the-job training with firms, institutions, and agencies; teachers of primary, secondary, and specialized schools; au pairs, professors coming to teach or do research at institutions of higher learning; research scholars; professional trainees in the medical and allied fields; and international visitors coming for the purpose of traveling, observing, consulting, conducting research, training, sharing, or demonstrating specialized knowledge or skills, or participating in organized people-to-people programs.
Requirements for J-1
Participants in the J-1 exchange visitor program must have sufficient funds to cover all expenses, or funds must be provided by the sponsoring organization in the form of a scholarship or other stipend.
A J exchange visitor must have sufficient scholastic preparation to participate in the designated program, including knowledge of the English language, or the exchange program must be designed to accommodate non-English speaking participants.
Exchange visitors coming under the J program for graduate medical education or training must meet certain special requirements. These requirements include passing the Foreign Medical Graduate Examination in Medical Sciences, demonstrating competency in English, being automatically subject to the two-year foreign residence requirement (after completion of their program), and being subject to time limits on the duration of their program. Physicians coming to the United States on exchange visitor programs for the purpose of observation, consultation, teaching, or conducting research in which there is little or no patient care are not subject to the above requirements.
Participants in the J program must present a Form DS-2019 Certificate of Eligibility for Exchange Visitor (J-1) Status prepared by a designated sponsoring organization.
Application Process
After the DS-2019 is received from the Sponsor Organization, the applicant will apply for a J-1 visa at a U.S. Embassy or Consulate abroad. Exchange visitor visa applicants are encouraged to apply for their visa early to provide plenty of time for visa processing. Applicants for visas should generally apply at the American Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence.
An employee is generally employed in a managerial capacity if their duties involve the supervision, control of the work to be performed by other professional personnel, and the management of an essential function of the organization or a subdivision of the company or organization.
J-1 Au Pairs
Under current regulations, an au pair can come from any country with which the U.S. has diplomatic relations. The J-1 is usually valid for 1 year; however, it can, under certain circumstances, be extended for an additional year. The au pair must be a secondary school graduate, between the ages of 18 and 26, and must be proficient in English.
References and background investigations are required. The applicant cannot work more than 45 hours per week, must be enrolled for at least 6 academic credits, and must be paid at least a minimum amount designated by the Government of the United States and as stated by the Immigration and Naturalization Act.
Furthermore, the regulations require that the applicant receives a two-week paid vacation, at least one and a half days off per week, and at least one full weekend off each month. Additional requirements are put in place by the Immigration and Naturalization Act if the au pair will be responsible for infant care.
Documents Required for Application
As part of the visa application process, an interview at the embassy consular section is required for visa applicants from age 14 through 79. The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged. If you are authorized by your sponsor to be accompanied by your spouse and children, they will also be given a Form DS-2019 and they can apply at the same time for a J-2 dependent visa. During the visa application process, usually at the interview, a quick, two-digit, ink-free fingerprint scan will be taken. Some applicants will need additional screening, and will be notified when they apply. You may apply for your visa at an Embassy or Consulate any time before the beginning of your exchange program.
DS 2019, Certificate of Eligibility for Exchange Visitor Status. Alien will need to submit a SEVIS generated Form, DS-2019, provided by his/her program sponsor. All exchange visitors, including their spouses and dependents must be registered in the Student and Exchange Visitor Information System (SEVIS), an Internet-based system that maintains accurate and current information on non-immigrant students and exchange visitors and their dependents (J-2 visa holders). Your program sponsor is responsible for entering your information for the DS 2019 Certificate of Eligibility for Exchange Visitor Status into SEVIS. Exchange visitors not part of a U.S. Government-sponsored program will also have to pay a Sevis I-901 fee for each program.
An online application, Nonimmigrant Visa Application, Form DS-160 confirmation page;
Application fee payment receipt;
Training/Internship Placement Plan, Form DS-7002, if applicable;
A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States;
One (1) 2x2 passport-style photograph.
Duration of Stay and Extensions
The duration of J-1 visa holders and family members may not exceed the period specified on Form DS-2019, plus a 30 day grace period. The family members (J-2 visa holders) may remain in the United States for the same period as the principal exchange visitor (J-1 visa holder). Certain extensions may be made, depending on the exchange program type.
Dependents
Spouses and/or children under the age of 21 who wish to accompany or join the principal exchange visitor (J) visa holder in the United States for the duration of his/her stay require exchange visitor visas (J-2 visa). The application procedure is the same as that for a primary applicant. The sponsor must approve the accompaniment of the spouse and/or children and who will each be issued their own Form DS-2019. This form is used to obtain the required visa and the spouse and dependents can enter the U.S. at the same time as the principal exchange visitor or at a later date. The J-2 spouse of the principal J-1 may apply for an Employment Authorization Document (EAD) once in the U.S. and may then accept employment, once the card is received. The spouse and/or children of an exchange visitor visa holder who are in the U.S. on an exchange visitor visa may study in the U.S. without also being required to apply for a student (F-1) visa or change to F-1 status.
Foreign Residency Requirement
According to the Immigration and Nationality Act, certain J-1 visa holders, who have completed their program, are required to reside in their home country for a minimum of two years.
In general, this two-year home residence requirement precludes a J visa holder from an H visa, an L visa, or permanent resident status (any immigration benefit) unless/until they have lived in their home country for two full years after completion of their J-1 program or a waiver is obtained.
A J-1 visa holder may obtain a waiver of the two-year home residence requirement; however, these waivers are not always easy to obtain. The waivers include the following:
No-objection Waiver;
Interest U.S. Government Agency Waiver;
Exceptional Hardship Waiver; and
Fear of Persecution Waiver.
For more information on the J-1 visa process, contact one our firm to obtain a detailed analysis on whether you qualify for a J-1 visa or a J-1 waiver of the two-year home residence requirement.