EXCHANGE VISITOR (J-1) VISA
Legal Information by Berger & Berger, Attorneys at Law
The "J" visa is for educational and cultural exchange programs designated by the Department of State, Bureau of Educational and Cultural Affairs. The purpose of an exchange program is to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges. They provide an extremely valuable opportunity to experience the United States and our way of life. Foreign nationals come to the United States to participate in a wide variety of educational and cultural exchange programs.
In carrying out the responsibilities of the exchange program, the Department of State designates public and private entities to act as exchange sponsors. Designated sponsoring organizations facilitate the entry of foreign nationals into the United States as exchange visitors to complete the objectives of one of the exchange visitor program categories, which are:
• Au pair
• Camp Counselor
• Student, college/university
• Student, secondary
• Government Visitor
• International Visitor (reserved for U.S. Department of State use)
• Alien physician
• Professor
• Research Scholar
• Short-term Scholar
• Specialist
• Summer work/travel
• Teacher
• Trainee
Each category of exchange has specific requirements and regulations.
An American company can offer on-the-job training to a foreign individual through the J-1 international exchange program. This individual can train with the American company for up to 18 months. The J-1 visa could be used to train an employee of a foreign affiliate at an American office. It allows the employee to be paid while being “trained” and can cover a wide variety of positions. Some occupations that have qualified for J-1 status include research associates, “nannies,” Montessori schoolteachers, comic book artists, scientists, etc. Under certain circumstances, even the spouse of a J-1 exchange visitor may be granted permission to work in the United States.
One draw back of the J-1 visa is that it might require the individual to return to his or her country of nationality for two years before becoming eligible for other types of temporary visas or permanent resident status. Spouses and unmarried children under 21 years of age of the principal may be granted J-2 visas to remain in the United States. However, they may be subject to the two years foreign residence requirement before obtaining other immigration benefits. It is very difficult, though not impossible, to obtain a waiver of the two-year residency requirement. Before obtaining J status, persons should determine whether they will be subject to the residency requirement and, if so, whether any alternative immigration status is readily available to them.
Qualifying for an Exchange Visitor Visa
The Immigration and Nationality Act (INA) is very specific with regard to the requirements that need to be met by applicants to qualify for the exchange visitor (J) visa. Applicants must demonstrate the following:
• That they plan to remain in the U.S. for a temporary, specific, limited period;
• Evidence of funds to cover expenses in the United States;
• Evidence of compelling social and economic ties abroad; and other binding ties which will insure their return abroad at the end of the visit.
As part of the visa application process, an interview at the embassy consular section is required for visa applicants from age 14 through 79. The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged. During the visa application process, usually at the interview, an ink-free, digital fingerprint scan will be quickly taken. Some applicants will need additional screening, and will be notified when they apply.
Each visa applicant must submit these forms and documentation, and submit fees as explained below:
• DS 2019, Certificate of Eligibility for Exchange Visitor Status. You will need to submit a SEVIS generated Form, DS-2019, which was provided to you by your program sponsor. All exchange visitors, including their spouses and dependents must be registered in the Student and Exchange Visitor Information System (SEVIS), an Internet-based system that maintains accurate and current information on non-immigrant students and exchange visitors and their dependents (J-2 visa holders). Your program sponsor is responsible for entering your information for the DS 2019 Certificate of Eligibility for Exchange Visitor Status into SEVIS. Exchange visitors not part of a U.S. Government-sponsored program will also have to pay a Sevis I-901 fee for each program.
• A Training/Internship Placement Plan, Form DS-7002. All exchange visitor (J visa) trainee or intern visa applicants with DS-2019 forms dated on or after July 19, 2007 (based on Box 7 on form) must also present Training/Internship Placement Plan, Form DS-7002 when applying for your visa. If your Form DS-2019 is issued prior to July 19, 2007 a Form DS-7002 is not required.
• An application, Nonimmigrant Visa Application, Form DS-156, completed and signed.
• A Supplemental Nonimmigrant Visa Application, Form DS-157. Submission of this completed form is required for all male applicants between 16-45 years of age. It is also required for all applicants from state sponsors of terrorism age 16 and over, irrespective of gender, without exception. Five countries are now designated as state sponsors of terrorism, including North Korea, Cuba, Syria, Sudan, and Iran.
• A Contact Information and Work History, Form DS-158, completed.
• A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States (unless country-specific agreements provide exemptions). If more than one person is included in the passport, each person desiring a visa must complete an application;
• One (1) 2x2 photograph.
For further information, please feel free to contact our office.
