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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

 

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