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U.S. Non-Immigrant Work J Visas

U.S. Non-Immigrant Work J Visas

U.S. Non-Immigrant Work J Visas

U.S. Non-Immigrant Work J Visas

The J-1 non-immigrant visa classification is for exchange visitors who come to the United States to participate in an exchange visitor program administered by the U.S. Department of State.  Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a non-immigrant visa for temporary stay, or an immigrant visa for permanent residence. Exchange visitor (J) visas are non-immigrant visas for individuals approved to participate in exchange visitor programs in the United States.

There are different programs within the J-1 category, including trainees, college or university students, secondary school students, professors and research scholars, short-term scholars, specialists, foreign medical graduates, international and government visitors, teachers, camp counselors, au pairs, and summer work/travel students.

Requirements for U.S. Non-Immigrant Work J Visas

Because J-1 visa classification incorporates several categories of visitors, the specific requirements may differ. However, the requirements common to all programs are as follows:

  • Ability to demonstrate that one has a residence in a foreign country that s/he has no intention of abandoning
  • A Certificate of Eligibility for Exchange Visitor (Form DS-2019) obtained from the program sponsor

How We Can Help You To Apply for U.S. Non-Immigrant Work J Visas

  • IMIGRUS provides assistance and advice concerning J-1/J-2 visa applications to increase one’s chance of obtaining a visa at a consular post abroad, especially in case of previous denials and prior immigration status violations in the United States.
  • IMIGRUS attorneys offer advice on J-1 status maintenance and employment matters and assist with change of status applications. We also offer advice regarding the two-year home residency requirement (HRR) and waiver.

• When would I use this type of visa?
Useful for individuals who want to come to the United States temporarily but do not have university degrees and receive an offer for training.

• How do I obtain one of these types of visas?
The J-1 Exchange Visitor Program is aimed at promoting cultural exchange. This visa may be an option for students, researchers, specialists, visiting faculty, and medical and industrial trainees. The J visa also in some cases may permit employment. Another advantage is that spouses may also obtain discretionary employment authorization.

• How long may I stay in the United States with this type of visa?
This visa may be granted for up to 18 months and has exemptions from certain taxes.

Exchange visitor categories include:

  • Au pair and EduCareA young adult lives with a host family for 12 months and experiences U.S. culture while providing child care and taking courses at an accredited U.S. post-secondary institution.
  • Short-term ScholarProfessors, scholars, and other accomplished individuals travel on a short-term visit to lecture, observe, consult, train, or demonstrate special skills at U.S. research and academic institutions, museums, and libraries.
  • Camp Counselor Specialist:
  • Government Visitor:
  • Student, college/universityStudents study at a U.S. degree-granting post-secondary accredited academic institution, participating in a degree, nondegree, or student internship program.
  • InternCollege and university students or recent graduates gain exposure to U.S. culture as they experience U.S. business practices in their chosen occupational field.
  • Student, Secondary:
  • International Visitor (Dept. of State use):
  • Summer Work TravelCollege and university students at foreign universities gain first-hand experience as they work in seasonal or temporary jobs and travel in the United States during their summer.
  • Physician:
  • Teacher:
  • Professor and Research ScholarThese two categories promote the exchange of ideas, research, and linkages between research and academic institutions in the United States and foreign countries.
  • TraineeProfessionals with a degree, professional certificate, or relevant work experience gain exposure to U.S. culture and receive training in U.S. business practices through a structured and guided work-based program.

 

Employer Opportunities for J-1 Program: 

Employers interested in transforming your business with international talent or training individuals to start overseas branches of your company will find an invaluable solution with the J-1 Visa.

How to Apply: 

  • The first step in the process is to decide what type of participant you would like to hire from the list of programs. Each program has an information page specifically targeted to hosts and employers.
  • The second step is contacting one of the Designated Sponsors for the chosen program. The Designated Sponsors are the organizations that administer the exchange program and connect hosts and employers with participants.

Employer Experiences
Find out how other employers are seeing the benefits of participating in the J-1 Visa Program.


Exchange Visitor Skills List

About the Skills List

The Exchange Visitor Skills List contains fields of specialized knowledge and skills.  They are necessary for the development of an exchange visitor’s home country. You are subject to the two-year home-country physical presence requirement when you complete your exchange visitor program – if your skill is on your country’s Skills List. This requires you to return to your home country for two years at the end of your exchange visitor program. This requirement is in Section 212(e) of the Immigration and Nationality Act, as amended.

Skills List By Country

Check Out the Skills List by Country page.

Note: What if your country is not on this list? You are not required to return to your home country for two years at the end of your program, based on the skills list.


How to use this list

  1. First, check if your country has a Skills List. Select the country of citizenship or nationality in your passport on the Skills List by Country page. Does your country of citizenship or nationality differ from the country you lived in when you received your Exchange Visitor (J-1) visa? If you have permanent residence in that country, you must use the Skills List for that country.
    • Yes, my country has a Skills List: Go to Step 2, below.
    • No, my country does not have a Skills List: You are not subject to the two-year home-country physical presence requirement based on the Skills List. (You may still be subject to the two-year requirement if your program was government-funded or if you received graduate medical education or training.)
  2. Next, find your field of knowledge/skill on the Master Skills List. Search for your field of knowledge/skill, not for your Subject/Field Code number.If your field of knowledge/skill is not listed, find the broader, more general subject group that it falls under. Every field of knowledge/skill is listed on the Master Skills List or is part of a broader, more general subject group.
  3. Is your field of knowledge or skill on your country’s skills list?
    • Yes my field of knowledge/skill is on my country’s list: You are subject to the two-year home-country physical presence requirement.
    • No, my field of knowledge/skill is not on my country’s list: You are not subject to the two-year home-country physical presence requirement on the basis of the Skills List. (You may still be subject to the two-year requirement if your program was government-funded or if you received graduate medical education or training.)

Effective Date – Which Skills List Applies?

The 2009 Skills List applies to exchange visitors who receive J-1 visa on or after June 28, 2009. It applies only to countries on the 2009 Skills List.

Look at the skills list that was in effect when you received your J-1 visa.  Is that country still on the 2009 Skills List? If it is not, you are not subject to the two-year home-country physical presence requirement, based on the Skills List.


Note that former exchange visitors are eligible for all other non-immigrant visa types through consular processing, even if subject to the 2-year home country residence requirement. Current or former Exchange Visitors are also eligible for program transfers and extension of their J status up to the limits of time for their particular exchange visitor category.