The J visa is a nonimmigrant visa that is issued to foreign nationals who wish to participate in exchange visitor programs approved by the U.S. Department of State. The exchange visitor program promotes the interchange of knowledge and skills. Participants include professors, research scholars, trainees, college and university students, secondary school students, physicians, international visitors, government visitors, camp counselors, and au- pairs. The U.S sponsor of the participants in the exchange program must be approved by the U.S. Department of State. The duration of the exchange program may be three weeks or more, depending on the nature of the program. Any extension of stay must be approved by the Department of State (DOS).
Upon completion of the program, participants are required to return to their home country for two years in order to share the knowledge and skills that they had acquired during their stay in the U.S. Participants are given a thirty (30) day grace period after program completion to enable them to wind up their stay in the United States and return home.
J-1 Requirements
Applicants approved for the J-1 visa must be able to either financially support themselves and their dependants during their stay in the U.S. or the expenses must be borne by a sponsoring company. In addition, J-1 visa holders must maintain medical coverage for themselves and their dependants during their period of stay in the U.S. Applicants must also possess the necessary skills required to participate in the exchange program. All foreign medical graduates coming to the U.S. for education or training under the exchange program are required to be proficient in English and must have passed the Foreign Medical Graduate Examination in medical sciences.
Upon completion of the program, participants are required to return to their home country for two years in order to share the knowledge and skills that they acquired during their stay in the U.S. After completing the two-year residency requirement, exchange visitors may apply for an immigrant or non-immigrant visa to enter the U.S.
Applying for a J Waiver
Generally, J-1 visa holders who have received government funding from the U.S. or their home country are subject to the home residency requirement. In addition, participants in a medical residency program and individuals with skills where there is a shortage in the home country are subject to the two-year home residency requirement.
The Student and Exchange Visitor Program (SEVP) in the U.S. helps the Department of Homeland Security (DHS) maintain an accurate record of students and exchange visitors in the U.S. The Exchange Visitor Information System (SEVIS) of this program which is an internet-based system maintains the database on students and issues a form that exchange visitors must submit at the time they apply for their visa. A J-1 holder may check this form and the J-1 visa itself for information on the residency requirement. If unsure, an applicant may seek an advisory opinion from the Waiver review division with the U.S. Department of State. Also, one may check the Exchange Visitor Skills List which is a list that has been published by the U.S. Department of State to outline the list of fields of specialized knowledge or skills and those countries which require the services of persons in one or more such specified fields. The full list is published in Vol. 62, No. 11 of the Federal Register (1997 amendment). A link to the list is also provided herein: http://exchanges.state.gov/education/jexchanges/participation/skills_list.pdf
If one is subject to the two-year residency requirement, one may apply for a waiver based on one of the following grounds:
- Applicant's government issues a no-objection letter to the U.S. government permitting applicant's stay in the U.S. Note: The law prohibits foreign medical students from seeking a no-objection certificate for the waiver.
- A U.S. government or agency interested in retaining the applicant issues a letter that establishes that the waiver is required in the name of public interest and that sending applicant back to his or her home country would be detrimental to their program.
- Applicant is able to establish that his or her spouse or child who is a U.S. Citizen or permanent resident will face extreme hardship if applicant goes back to his or her home country.
- Applicant is able to establish fear of persecution if applicant returns to his or her country.
- A request by a state public health department, or its equivalent (this is only applicable to foreign medical graduates who obtained J-1 status for graduate medical training or education).
If one's waiver is denied, the applicant may not reapply for a waiver based on the same claim. However, one may reapply based on other factors that apply to his or her situation. If applicant's waiver application is denied, he or she will receive a notification with the reason for denial. Only denials of persecution-based waiver applications and hardship waiver application may be reopened by United States Citizenship and Immigration Services (USCIS) upon request to reopen by the applicant.
Please note: Immigration laws and regulations are constantly changing and this article is provided for informational purposes only and is not to be construed or relied upon as legal advice under any circumstance. Please refer to our legal disclaimer for additional details.
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