SZE Law - SZE Immigration - J - 1, Visa, Exchange Program, Trainee, Intern, DS-2019

Practice Areas > Immigration > Visas For US > J - 1 (Exchange Visitor)

J-1 Visa

WHO'S ELIGIBLE?

The J-1 visa is an exchange visitor visa utilized by students, scholars, experts, medical interns and residents, and business trainees. These exchange visitors come to the U.S. pursuant to government approved programs for the purpose of gaining experience, doing research or studying in their specific fields.

IMMIGRATION REQUIREMENTS

The U.S. sponsor must proceed through an exchange visitor program designated by the U.S. Department of State, the government agency that oversees all such programs. An accredited sponsor of an exchange visitor program is authorized by the U.S. Department of State to issue a certificate of eligibility for each visitor (the DS-2019 formerly known as the IAP-66). The exchange alien must take the certificate to a U.S. consulate to apply for issuance of a J-1 visa.

DURATION OF STAY

Students: Secondary school students may be admitted for one year while university students may be admitted for the anticipated length of the academic program. Students in programs that are below the doctoral level may engage in 18 months of training after completion of the degree. Post-doctoral training is available for 36 months following conferral of the degree. Finally, non-degree university students are admissible for a period of two years

Au pairs: Maximum stay of one year.

Camp counselors: Four month limit of stay.

College and university professors and research scholars: Admission in one of these categories is usually for a three-year period. May be extended an additional six months by the program sponsor, provided the extension is necessary in order to permit the alien to complete a specific project or research activity. An extension may also be authorized if:

(1) the extension request is filed within sixty days prior to the expiration of the alien’s three-year period of stay (late applications may be excused if extraordinary circumstances exist)

(2) the request is justified due to “exceptional and unusual” circumstances and is necessary in order to permit the alien to complete a specific project or research activity. Under this standard, a foreign government’s direct funding of a participant and that government’s desire to have the participant continue will be considered.

Foreign medical graduates: Foreign doctors participating in U.S. internships and residencies may be admitted for the length of their program. The customary maximum stay is seven (7) years. Extensions may be obtained in very limited circumstances.

Government visitors: 18-month maximum period of stay.

International visitors: One-year limit of stay.

Short-term scholars: Entries for six-months are allowed but extensions are not permissible. The usual three-week minimum stay requirement is waived for this category.

Summer student work/travel programs: Rules do not specifically address the maximum period of stay. However, it is presumed that the usual four month period applicable to other summer programs also applies to this category.

Specialists: This category permits periods of stay up to one year.

Teachers: Primary and secondary school teachers may be admitted for a three year period.

Trainees: Business trainees may be admitted to the United States for an 18- month period. Trainees in flight training programs may receive a 24-month period of stay.

TWO YEAR HOME RESIDENCE REQUIREMENT

A two-year foreign residence requirement is imposed on some categories of exchange aliens once their J-1 stay comes to an end. This means that any exchange visitor subject to the foreign residence requirement is ineligible for permanent residence or nonimmigrant visas in the H or L category until he/she spends two years after completion of the program in her/his home country or country of last residence.

Who is subject to the two year home residence requirement?

Normally business or industrial trainees are subject to the foreign residence requirement because their field of training and expertise appears on a Skills List maintained by the U.S. Department of State. This list is a record of those skills in each country deemed to be in short supply. The reason for imposing the home residence requirement is that the alien should use the skills learned in the U.S. in the his/her home country to improve conditions in that country. Generally speaking, individuals from western European countries and Japan are not subject to the two year home residency requirement.

Here are the additional reasons why someone may be subject to the two year home residence requirement:

The individual’s program has been financed in whole or in part by their governments or by the U.S. government
The individual is a national from a country that has been determined to require the skills and services of people with the aliens’ special training
The individual is receiving graduate medical training in the U.S. (intern or resident)

WAIVERS

There are waivers available to qualified individuals from the two year home residence requirement. Each reason for subjecting an alien to the two year home residence requirement has a countervailing reason for a waiver. The exceptions would be fear of persecution or hardship, either one of which would be a good reason for a waiver regardless of the reason why the alien is subject to the requirement. Below please find the list of possible reasons for the waiver of the requirement:

(1) A waiver may be sought by an interested U.S. government agency on behalf of the alien.

(2) 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.

(3) The alien can demonstrate that he or she will be subject to persecution upon returning home.

(4) A “no objection” letter from the alien’s foreign government stating that the government does not object if the alien does not fulfill the two year home residence requirement.

QUESTIONS

If you have any questions concerning this visa or require our assistance, please contact our office at info@szelaw.com

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