J-1 Visa and Status

The J-1 Visa or Exchange Visitor Program was first implemented in 1961 as part of the Mutual Educational and Cultural Exchange Act of 1961.  The motivation behind this act was to promote the understanding of other cultures by the people of the United States and likewise the understanding of the America culture by people of other countries through educational and cultural exchanges. 

A J-1 Visa is a non-immigrant visa available to aliens that fall under the designation of "Exchange Visitor". To obtain a J-1 Visa, your sponsor must be accredited through the Exchange Visitor Program designated by the U.S. State Department.

Certain classes of J-1 "Exchange Visitor" require that the alien return to his/her home country or country of last permanent residence for a period of two (2) years after the completion of the J-1 status if: 1) the J-1 program is financed by the U.S. government or the government of the alien’s home country; 2) the home country of the alien has a shortage of people with skills that the alien has; or 3) the alien receives medical training as interns or residents.

Individuals who qualify for J-1 status if sponsored through an accredited Exchange Visitor Program include, but are not necessarily limited to:

• Secondary School and college students, including students working towards a graduate degree
• Business trainees;
• Trainees in flight aviation programs;
• Primary and secondary school teachers;
• College professors;
• Research scholars;
• Medical residents or interns receiving medical training within the U.S; and
• Specialists.

J-1 Visa holder work for a Non-Sponsor Employer

Generally, the United States Citizenship and Immigration Services’ (USCIS) regulations require J-1 holders to work for their program sponsors. In some situations, however, J-1 holders may work for non-sponsor employers provided they meet eligibility requirements, which vary depending on the applicable category.

J-1 research scholars are eligible to work for a non-sponsor employer in a closely related research program for a maximum duration of six months provided that the program has been approved (written authorization required) by the original sponsor. This allows J-1 scholars to lecture and consult at institutions not listed on their DS-2019.

An alternative available for J-1 students is the Practical Training Program. J-1 college students or graduate students (baccalaureate or master’s) and doctoral students are eligible to receive relevant practical training upon graduation, up to eighteen (18) months and up to thirty-six (36) months, respectively. Practical Training Program participants do not need to obtain Department of State or USCIS approval. Rather, a completed Practical Training Program application includes an approval letter from a designated exchange program officer, along with the J-1 Visa holder's passport, completed Forms DS-2019 and I-94.

Duration of a J-1 Visa

The duration of J-1 status depends on the rules established by your particular Visitor Exchange Program. To determine the duration of your program, review your DS-2019 or Certificate of Eligibility. You may be eligible to extend your stay under the J-1 Visa if your total stay period does not exceed the maximum duration of stay for the program and your program sponsor agrees to your extension.

The most common J-1 categories along with its corresponding lengths of stay are listed below.

• College and University students (duration of studies plus duration of Practical Training Program(18 months for baccalaureate/masters and 36 months for post doctoral students) following graduation)
• Non-degree student in college and university (24 months)
• Business trainees (18 months)
• Trainees in flight aviation programs (24 months)
• Primary and secondary school teachers (36 months)
• College professors (36 months)
• Research scholars (36 months)
• Medical residents/interns receiving medical training in the U.S. (duration of residency program, 7 year maximum)
• Specialists (12 months)
• International visitors (12 months)
• Government visitors (18 months)

How do I extend my J-1 Status?

The J-1 program sponsor who issued the original Form DS-2019 (Certificate of Eligibility) may extend your J-1 Status by completing a new DS-2019 with the extended expiration date, provided the date falls within the maximum duration period and notifies the State Department of the change. It is NOT necessary to notify USCIS. This procedure applies only if your J-1 alien's DS-2019 Form (Departure-Arrival Record) is marked "D/S" or Duration of Status.

Special Extension for J-1 Professors and Research Scholars

J-1 Professors and Research Scholars are eligible to extend their stay for an additional six (6) months after the three-year maximum duration period provided that the extension is necessary in order for the alien to complete a specific project or research program. The granting of the extension falls wholly within the program sponsor's discretion and no State Department or USCIS approval is required.

J-1 Professors and Research Scholars are also eligible to extend their stay via the State Department. The State Department may authorize an extension beyond the three-year period if "exceptional and unusual" circumstances exist. The extension request should be made with Department of State within NINETY days prior to the expiration of the alien's three-year stay period.

Benefit of a J-1 Visa?

Employment of Dependents. The J-1 visa is the only nonimmigrant visa that allows employment by dependants. J-1 holders' spouses and minor children (J-2 status) may accept employment with USCIS authorization, provided that their income is not used to support a J-1 holder.

J-2 holders who are applying for employment authorization should complete a Form I-765 along with a $180 filing fee. After obtaining an employment authorization document, the J-2 holder may accept offers from any employer within the authorized period. Current regulations provide that if the USCIS cannot complete the application review within 90 days after the application has been filed, an interim employment authorization period of 240 days must be granted.

Foreign Residency Requirement

Certain classes of J-1 "Exchange Visitors" require that the alien return to his/her home country or country of last permanent residence for a period of two (2) years upon completion of their J-1 status. The alien must spend the two-year period in country he/she resided in at the time he/she received the J-1 visa. Such classes include:

• Individuals who have obtained their J-1 status through programs financed either in whole or in part by the U.S. government or individual's home country government;
• Individuals whose home country is in short supply of people with individuals' skill sets; and
• Individuals who have received medical training within the U.S. as interns or residents.

Until this two-year of foreign residency requirement has been completed the alien will not be eligible for H or L status and cannot adjust to permanent resident status. The alien may enter the U.S. on a different basis such as a B-1 visitor visa, but any time spent out of the home country will not be counted toward the two years of residency in the home country. For instance, an alien's J-1 visa expires and he returns to his home country. After a year the alien comes to the U.S. on a B-1 visa and stays for six months. After returning to the home country the alien will still need to spend another year in the home country, if he wishes to obtain H, L, or permanent resident status at some point in the future, unless he can get the foreign residency requirement waived.

Alternatively, an alien may obtain a new status without returning to the home country, such as an F-1 student visa. In such circumstances, the alien will not be able to change status in the U.S., but must seek such a visa in a U.S. consulate in a foreign country such as Canada or Mexico.

Procedure to Get a J-1 Visa

Before one can apply for a J-1 visa, he/she must be accepted for one of the Exchange Visitor Program categories and must have a sponsoring organization. The applicant also has to show a consular officer that he/she will remain in the U.S, only for a limited, specific period of time, has enough funds to cover all expenses in the U.S., and that he/she has binding ties with his/her country of residence, insuring they will return to it.

In order to obtain a J-1 Visa, the applicant needs to apply for the visa at an Embassy or Consulate.  Part of the application process includes an interview at the embassy consular section for applicants between the ages of 14 and 79.  An interview appointment and visa wait time varies for each country, but can be found on the State Department website.  

The procedure for obtaining a J-1 Exchange Visitor Visa is as follows:

• Submit Form DS-2019 Certificate of Eligibility for Exchange Visitor Status. This form will be a Student and Exchange Visitor Information System (SEVIS) generated Form DS-2019 that your sponsor should have provided you with. 
• Submit Form  DS-156 Nonimmigrant Visa Application
• Submit Form DS-157 Supplemental Nonimmigrant Visa Application, which provides information regarding your travel plans. Note: All male applicants between 16-45, as well as applicants from state sponsors of terrorism (North Korea, Cuba, Syria, Sudan, Iran, and Libya) over the age of 16 must complete this form.
• Submit Form DS-158 Contact Information and Work History
• A passport valid for travel to the US, which will be valid six months beyond the end date of the J-1 visa.
• One 2x2 photograph
• Non-refundable application processing fee of 100 US dollars.

Once the J-1 Visa is approved, there may be an additional fee charged, the visa issuance reciprocity fee. This fee will only be charged if the country you are residing (i.e. the country you are living in when you apply for your J-1 visa) in charges U.S. citizens for a similar type of visa. 

J-1 Waiver

Exchange visitors who are subject to the two-year foreign residence requirement of Section 212(e) of the Immigration and Nationality Act, may be able to waive this requirement.  The Department of State provides five (5) statutory bases that J-1 holders may use to waive the two-year foreign residency requirement.

"No Objection" Letter

The foreign residency requirement may be waived provided your home country's government issues a "no objection" letter to the U.S. State Department indicating that it does not object to the two-year foreign residency requirement being waived.

Interested Government Agency Request (IGA)

An Interested Government Agency is a U.S. Federal Government Agency that has a vested interest in the visitor remaining in the U.S., since it may be crucial to the agencies programs or functioning, if he/she is working on a project for or of interest to the agency.  The IGA may request that the U.S. State Department waive the Foreign Residency Requirement. Both the U.S. State Department and the USCIS must agree to grant the waiver.

No-Objection Waiver

The foreign residency requirement requires aliens in certain classes of J-1 "Exchange Visitors" to return to his/her home country or country of last permanent residency for a period of two (2) years after their J-1 status completion. The alien must spend the two-year period in his/her home country or country of last permanent residency.

This requirement can be waived provided your home country's government issues a "no objection" letter stating it has no objection that the exchange visitor will not return to the home country to complete the two-year foreign residency requirement.

The following is the procedure for the "No-Objection" waiver.

[1] Complete a U.S. Department of State Form DS- 3035 (ONLY REVISED FORM DS-3035 will be accepted, all other versions will be returned to the sender unprocessed), J-1 Visa Waiver Recommendation Application online or by hand.

[2] If form is completed by hand, then gather the following Application Materials:

• Completed J-1 Visa Waiver Recommendation Application; and
• Two (2) Self-addressed, Stamped, Legal-Sized Envelopes (SASE); and
• A non-refundable processing fee of US $215 per application in the form of a cashier's check or money order payable to the U.S. Department of State.

[3] Mail the completed application to the following address:               

Courier Service
U.S. Department of State
Waiver Review Division
P. O. Box 952137
1005 Convention Plaza
St. Louis, MO 63101-1200

The Waiver Review Division will send your assigned case number along with additional instructions by using your SASE upon receipt of all application materials in Step 2;

Contact the consular section of your embassy in Washington, D.C., to request that a "no objection" statement be forwarded to the Department of State on your behalf.

After the Embassy forwards the "no objection" statement directly to the Waiver Review Division at the Department of State. The U.S. State Department will forward their recommendations to USCIS. If the application is denied, the State Department will notify the applicant directly. USCIS will then notify you of the application's final decision.

According to the Department of State website, the processing time for a no objection waiver takes about 6-8 weeks.

J-1 Visa Holder eligible to apply for a Green Card

In order to obtain a Green Card, you first need to file an immigrant petition and then either apply for an Adjustment of Status (if you are living in the U. S.), or an Immigrant Visa (if you are living in a foreign country).

You may file an immigrant petition at any time, even if you are subject to the two-year Foreign Residency Requirement. Once approval of your immigrant petition is obtained, you will need to satisfy the two-year Foreign Residency Requirement before you are eligible to adjust your status or apply for an immigrant visa. You may satisfy the Foreign Residency Requirement by either obtaining a waiver or residing in your home country for two (2) years. If you obtain a waiver, you may adjust your status without leaving the U.S.

A J-1 holder has the following three (3) options to obtain a Green Card:

• File the immigrant petition and the J-1 waiver at the same time; or
• File the J-1 waiver first and then file immigrant petition after J-1 waiver is approved; or
• File the immigrant petition first and then file J-1 waiver after immigrant petition granted.