The J-1 visa is used by foreign students, scholars, medical interns and residents, international visitors, and industrial and business trainees to enter the United States for the purpose of gaining experience, studying, or doing research in their respective fields.
The alien must enter the United States to participate in a designated exchange visitor program. The alien must receive a certificate of eligibility for exchange visitor (J-1) status from the U.S. organization (Form IAP-66).
The alien must maintain a foreign residence which he or she has no intention of abandoning.
A U.S. sponsor must establish its own exchange-visitor program by applying to the Department of State. When the program has been approved by the Department of State, then the U.S. sponsor may issue a Certificate of Eligibility (Form IAP-66) to an individual interested in obtaining a J-1 visa. The individual would then take the IAP-66 and an application for a nonimmigrant visa to his or her U.S. embassy in order to obtain a J-1 visa..
The period of stay for exchange visitors varies depending on the category in which the visitor is admitted. The time allowed is as follows:
- Secondary School Students: One Year
- University Students: For length of academic program
- Post Doctoral Training: 36 months
- Short Term Scholars: 6 months
- Business Trainees: 18 months
- Flight Trainees: 24 months
- Teachers: 3 years
- College Professors: 3 years
- Au pairs: 1 year
- Foreign Medical Graduates: 7 years
Yes. The spouse and minor children of the exchange visitor (J-1 visa holder) may enter the U.S. with the J-2 visa. Each applicant must submit his or her own nonimmigrant application at the U.S. embassy.
Yes. The spouse and minor children may accept employment with INS authorization if their compensation will not be used to support the exchange visitor.
Assemblers |
Hotel Cleaners |
Attendants, Parking lot |
Household Domestic Service Workers |
Attendants, Personal Service |
Housekeepers |
Amusement, Recreation |
Janitors |
Attendants, Gas Station |
Key Punch Operators |
Bartenders |
Kitchen Workers |
Bookkeepers, Level II |
Laborers, Common |
Caretakers |
Laborers, Farm |
Cashiers |
Laborers, Mine |
Charworkers and Cleaners |
Loopers and Toppers |
Chauffeurs and Taxi Drivers |
Material Handlers |
Cleaners, Hotel and Motel |
Nurses' Aides and Orderlies |
Clerks, General |
Packers, Markers, and Bottlers |
Clerks, Hotel |
Receptionists |
Clerks and Checkers, Grocery |
Sailors and Deck Hands |
Clerk Typists |
Sales Clerks, General |
Cooks, Short Order |
Sewing Machine Operators and Handstitcher |
Counter and Fountain Workers |
Stock Room and Warehouse Workers |
Dining Room Attendants |
Streetcar and Bus Conductors |
Electric Truck Operators |
Telephone Operators |
Elevator Operators |
Truck and Tractor Drivers |
Floorworkers |
Typists, Lesser Skilled |
Groundskeepers |
Ushers, Recreation and Amusement |
Guards |
Yard Workers |
Helpers, Any Industry |
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A two-year foreign residence requirement is imposed on some J-1 Visa beneficiaries. Any J-1 exchange visitor subject to the foreign residence requirement is ineligible for permanent residence or nonimmigrant visas in the H or L category until he or she spends two years in his or her home country. A waiver may be available in special cases.
- Exchange visitors who come to the U.S. to receive graduate medical education or training;
- Exchange visitors whose training program is financed in whole or in part by either an agency of the U.S. government or by the government of the alien's home country.
- Exchange visitors who possess skills in short supply in their own countries.
- A waiver may be sought by an interested U.S. government agency on behalf of the exchange alien.
- 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.
- Where the alien can demonstrate that he or she will be subject to persecution upon returning home.
- When the alien obtains a "no-objection" letter issued by the alien's government stating that the foreign government has "no objection" to the alien remaining in the U.S.
No. An immigration officer at a U.S. airport can deny a J-1 Visa holder entry into the U.S. if the officer suspects that the visa holder intends to remain in the U.S. indefinitely or permanently.
The information contained herein is intended for general informational purposes only. It is not intended as legal advice. You must consult with an attorney to obtain specific, comprehensive legal advice. Please note that information as well as government fees are subject to change without notice. For current fees and information contact the respective government agency directly.
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