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J1 Visa – Exchange Programs

What is a J1 Visa? ttesr
The J1 Visa is a exchange visitor visa created to increase educational and cultural exchanges between the United States and other countries.  The J-1 Visa is available to those involved in a approved program focusing on teaching, receiving training, or conducting research.  The J1 visa is also used by US employers that want to hire foreign workers to receive on-the-job training or participate in an internship in the US.

Key Features of a J1 Visa
1.  You may travel in and out of the US while your J1 visa is valid.

2.  You may work legally in the US if your work is part of an approved program or if you receive permission from an official program sponsor.

3.  Your spouse and children may receives visas to accompany you.

J-1 Visa Eligibility Requirements: A Quick Look

  1. You must be coming to the US to work, study, consult, train, or observe US culture in a specified exchange visitor program approved by the US Department of Justice.  Sponsors of one of these programs can be either foreign or US agencies, private foreign and US organization, or US educational institutions.  The programs must be approved by the Department of Justice.  Those programs that have been approved will be issuing Certificates of Eligibility to J1 visa applicants (Form DS-2019).  This form shows that the applicant has been accepted into an approved DOS program.  There are over 1500 approved programs.  You can visit those programs at the US Department of State website.
  2. Accepted Into an Approved Program: Before you apply for your J1 visa with immigration attorney Stefan Coleman, you must first be approved by the DOS program of your choice.  Once you have been accepted, then you should contact our immigration law firm to help you file your J1 visa.
  3. Financial Resources: You must show that you will have enough money to support you while you are in the US.  You may be supported from your own savings, your family, relatives, friends, or scholarships or salaries that are part of the program you are attending.  Be sure to check with our immigration lawyers before filling our your J1 visa application so we can be sure you have documented your financial support in a way that will ensure your acceptance.
  4. English Proficiency: You must be able to proficiently communicate in English to meaningfully participate in one of the programs.  You may need to pass a TOEFL English proficiency test if you are applying for a student exchange program.
  5. Intent to Return To Your Home Country: The J1 visa is a temporary visa so you must intend to return to your home country when your visa expires.  It is a good idea to show you are leaving behind your possesssions, family members, and other incentives to show that your intent is to return to your home country after your complete the program in the US.

2 Year Home Residence Requirement

As part of the J1 exchange visitor visa, after learning about something in the United States some J1 visa holders must return to their home country after their visa expires to exchange what they have learned to their fellow countrymen.  This means that after your visa expires in the US, you must return home for 2 years.

Not all J1 visa holders are subject to this requirement.  It applies to participants in the following types of programs.

  • Programs for foreign medical graduates who receive graduate medical training in the US
  • Programs in which you receive money from your foreign government , the US government, or an international organization
  • Programs that teach people skills that are not readily available in their home country.  The DOS maintains a list of these skills and the countries that need them.

Contact our immigration law firm to find out whether the program you are interested in is subject to the 2 year residency requirement.

Foreign Medical Graduates: Additional Requirements

If you are seeking a J-1 visa as a foreign medical graduate so that you can continue your medical training or eduction, you must pass part I and II of the US national Board of Medical Examiners exam or its equivalent.  Like all other J-1 visa applicants, you must show that you intend to return home after your J1 visa expires.  Foreign medical graduates seeking a J1 visa though must show a written guarantee from the government in their home stating that they will be employed when they return to their home country.  You are required to return home for at least 2 years after your J1 visa expires.  Contact our immigration attorneys to help you apply and qualify for a J-1 visa.

Can You Bring Your Spouse and Children If You Receive a J1 Visa?

Yes, contact our immigration lawyers to find out how we can help get visas for your spouse and children to accompany you to the United States.

How Long will the J-1 Visa Last?

The amount of time your J1 visa will lsat will depend on the type of program you will be participating in.  When you hire us as your immigration law firm we will help you prepaer your SEVIS DS-2019.  This form which is originally prepared by your exchange visitor program will list specific dates that you are expected to participate in the program.  Your J1 visa will last up to that final date.

  1. Students:  You may stay in the US on a M-1 visa for as long as your academic program lasts plus an additional 18 months of practical training employment.  This is any employment directly related to the subject you learned.  Postdoctoral training can last for up to 36 months past your completed education.   Student who just finished high school though can only stay for one more year after they complete high school.
  1. Teachers, Professors, Researchers, People With Specialized Skills:  Your M1 visa will last for no more than 5 years plus 30 days to prepare to return to your home country.
  1. Research Assistants Sponsored by the National Institutes of Health: If you are accepted into this program, you can stay in the US for up to 5 years.
  1. Business and Industrial Trainees: Your J-1 visa may last up to 1.5 years or if you are in flight school up to 2 years.
  1. Short Term Scholars
  2. International Visitors: If the purpose of your entry into the United States is to promote cultural exchange.  Many workers who work inthe cultural/ethnic pavilions of Disney’s Epcot Center, are issued J1 visas.  You may stay in the US for 1-year plus 30 days to prepare to return to your home country.
  3. Au Pairs: Holders of a J1 visa are limited to stay in the US for 1 year.  Au pairs are limited to those individuals between 18-26 who come to the US to live and do child services for US families.  Au pairs may not work more than 10 hours a day and must be paid at least minimum wage as well as attending an institution of higher education 6 credit hours per semester.
  4. Foreign Medical Graduates: You may stay in th US for length of time necessary to complete your education and/or training.  This length of stay can last up to the maximum of 7 years.
  5. Interns: A J1 visa may allow you to stay in the US for up to 1 year while you are still in a degree program in your home country or if you graduated 1 year prior to your internship in the US.
  6. Employees of the International Communications Agency
  7. Government Visitors: Your J-1 visa will last no more than 18 months.  The purpose of this J-1 visa is to strengthen the professional and government ties between your home country and the US.
  8. Summer Work Travel: Postsecondary students may obtain a J1 visa to work and travel in the US for up to 4-months during the summer through a pre-approved program of the Department of Justice designated sponsors.
  9. Short Term Scholars: This type of J1 visa is for those foreigners who come to the US for a seminar, workshop, or professional meeting.  This J-1 visa may last for up to 6 months.
  10. Camp Counselors: If you are over 18 and coming to work in a US Summer camp your J1 visa will last no more than 4 months.

The Application Process: Quick View

1.  Your program sponsor sends you a Certificate of Eligibility or SEVIS Form DS-2019.  You do not need to fill out any part of this form but make sure that it is completely accurage.

2.  You apply for a visa from your home country: You can apply 120 days or less before your program begins.  You application will consist of several forms.  We urge you to contact our immigration law firm today so that we can guide you through this process.  A mistake could cost your valuable time and prevent your from receiving your J1 Visa.  You will need the following items to complete your J1 Visa.

(a) Evidence of Your Intent to Return: You need documents evidencing your intent to return to your home country.  You can show evidence of leaving property behind, family members, job opportunities, etc.

(b) Evidence of Financial Resources: If neither employment or a scholarship are part of your exchange visitor program, then you must show evidence of how you will support yourself while in the US without you having to work.  You may show that a close relative will guarantee your support through a written guarantee and a bank statement or letter from a bank showing that there are enough funds to support you while in the US.  If you are receiving employment or a scholarship from your exchange visitor program, make sure you include that in the documents you send to our immigration attorneys.

3. Attending Your Interview: Most consulates will require an interview before issuing a J1 visa.  You can expect that the consulate will be reviewing your application and support documents at this meeting.  Be in touch with our immigration lawyers so that we can thoroughly prepare you for this meeting.

Receive your visa and enter the US and claim your J-1 visa status.  You may enter the US up to 30 days before your program begins.  When you enter the border officer will examine your paperwork and if all the paperwork is correct will approve your admission into the US.  The border office will then issue you an I-94 card.

Conclusion

We strongly encourage you to give immigration lawyer Stefan Coleman a call at his immigration law firm to help you determine if you qualify for a J1 visa.   Also, we will help you prepare your J-1 visa and supporting documents to ensure that your J-1 visa application is approved. Give us a call at (877) 333-9427 so that we can get started.