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J-1 VISA - INTERNATIONAL EXCHANGE
The J-1 visa is available to persons participating in a recognized
international exchange program. The exchange visitor visa
is meant to promote cultural and educational exchange between the
US and other countries. The J-1 visa may be available for
Professors and Research Scholars, Short-term Scholars, Trainees,
College or University Students, Teachers, Secondary School Students,
Graduate Medical Students, International and Government Visitors,
Camp Counselors, Summer Work/Travel Students and Au Pairs.
A J-1 visa is obtained by applying through an approved sponsoring
organization -- generally a school, company, or other organization
approved by the US Department of State. The sponsor will issue a
Form IAP-66 that is used by the foreign national to obtain a J visa.
Some exchange programs permit trainees to obtain paid on-the-job
training and internships with firms, institutions, and agencies.
Under this category, the J-1 trainee is usually admitted to the
US for a period from 3 to 18 months. Often, the company or
its attorneys will coordinate with J program sponsors to acquire
J-1 trainee visas.
The J-1 student and researcher program allows the J-1 visa holder
to accept training in the US J-1 students are generally admitted
for the length of their educational studies in the US J-1 students
often receive a period of authorized practical training (18 months
for undergraduate and pre-doctoral training and 36 months for post-doctoral
training) similar to F-1 students. The authorization for such
employment is issued by the J program sponsor and does not require
prior INS approval.
The J-2 dependent spouse of a J-1 visa holder may qualify for
work authorization as long as it is demonstrated that the spouse's
income is not necessary to support the J-1 visa holder.
Home Residency Requirement
Certain J-1 exchange visitors may be subject to a two-year home
residency requirement at the end of their J-1 status. The two-year
home residency may apply to J-1 exchange visitors who participate
in programs that were financed in whole or in part by an agency
of the US Government or by the exchange visitor's government, or
who are nationals or residents of a country which have been designated
by the US as requiring the skills of the exchange visitor. Parties
subject to the home residency requirement must return to their country
of nationality or last residence after completing their program
in the United States, and must reside there physically for two years
before they may become eligible to apply for an immigrant or temporary
worker visa to return to the US. In certain situations a waiver
to the foreign home residency requirement may be available.
Detailed information on the process of obtaining a waiver of the
home residency requirement is available at the following Department
of State maintained website: http://travel.state.gov/jvw.html
DISCLAIMER
ILG has prepared this site as a public resource for informational
purposes only, and not as advertising, solicitation or legal advice.
It is intended, but not promised or guaranteed, to be correct, complete
and up-to-date. Readers should not act upon this information without
first seeking professional counsel. Remember that communications
are not privileged until the client and lawyer have agreed upon
legal representation.
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