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HOME > Practice Areas > J-1 Visa
   
 

:: J-1 Visa
J-1 Visa allows foreign nationals to gain experience, study, or research in their respective field in the U.S.

:: J-1 Visa Applicants
J-1 Visa is used by foreign students, scholars, experts, medical interns and residents, "international visitors," and industrial and business trainees.

:: J-1 Visa Eligibility Requirements
The applicant must have plans to participate in a designated Exchange-Visitor Program and must obtain DS-2019 (Certificate of Eligibility) from the sponsor. Also, the applicant must maintain a residence abroad and must intend to depart the U.S. upon expiration of J-1 Visa.

:: Duration of Stay
Duration of stay varies depending on the exchange visitor category. Secondary school students may be admitted for one year while college and university students may be admitted for the projected length of their academic program. Business trainees may be admitted to the U.S. for 18 months. Primary and secondary school teachers may be admitted for three years and college and university professors and research scholars may be admitted for five years. Foreign doctors participating in U.S. internships and residencies may be admitted for the length of their program, with a maximum of seven years.

:: Benefits of J-1 Visa
Applicants may bring their dependents (spouses and unmarried children under the age of 21) to live with them in the U.S. in the J-2 Visa Category. Dependents are eligible to attend public schools and may seek employment by applying for a Work Permit but only if their compensation will be used for their own support - not to support the principal applicant.

:: Disadvantages of J-1 Visa
Certain categories of exchange visitors must spend a cumulative of two years after completion of their U.S. training program in the country of their nationality or country of last legal residence.

:: Waiver of the two-year Residence Requirement
A waiver of the two-year residence requirement may be granted to an exchange visitor subject to its restriction under five conditions. First, a waiver may be sought by an interested U.S. government agency on behalf of the exchange alien. Second, a waiver may be sought by a State Health Department on behalf of a J-1 physician. Third, a waiver may be obtained when the exchange visitor's compliance with the foreign residence requirement would result in exceptional hardship to his/her U.S. citizen or permanent resident spouse or child. Fourth, a waiver may be granted where the alien can demonstrate that he/she will be subject to persecution upon returning home. Fifth, the final ground for waiving is on the basis of a "no-objection" letter issued by the alien's government to the DOS, stating that the foreign government has "no objection" to the alien remaining in the U.S.


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