What is A J-1 Visa?
The J-1 Visa (J-1 Visa Exchange Visitor Program) is a non-immigrant visa for foreigners who want to participate in a U.S. work-study exchange visitor program. The main purpose of the J-1 Visa Exchange Visitor Program is for strengthening U.S. relations with other countries through the promotion and exchange of knowledge and skills in education, art, and science.
The J-1 visa program allows exchange visitors to live and work in the U.S. Exchange visitors fall into various categories. The J-1 visa categories include students, researchers, scholars, professors, visiting physicians, trainees and interns, as well as Au Pairs and camp counselors, among others. A J-1 visa also requires a sponsor, which is an agency or program that facilitates the pairing of a J-1 applicant with an appropriate program or course.
J-1 visa programs can range from a few weeks to several years in duration. However, most J-1 visas include a restriction called the “two-year rule,” which requires a J-1 visa holder to return to their home country for at least two years after the completion of their J-1 exchange program. This requirement may be waived in certain circumstances.
Waivers of the two-year rule may be granted if a J-1 visitor can provide a no-objection letter from their home country, demonstrate that they would experience persecution in their home country, or provide evidence that returning to their home country would result in extreme hardship to a US citizen immediate relative. In addition, a waiver may be granted to a limited number of doctors each year, who work in areas of the U.S. which are experiencing shortages in trained medical staff.
Who is eligible for a J-1 visa?
Foreigners who are eligible for the J-1 visa program must fall into specific categories. These categories include:
- Au pair and EduCare
- Camp Counselor
- Government Visitor
- Intern
- Physician
- Professor or Research Scholar
- Short-term Scholar
- Specialist
- College/University student
- Secondary School student
- Summer Work Travel
- Teacher
- Trainee
J-1 visas are suitable for a variety of foreign individuals and purposes. For instance, students often seek J-1 visas to take part in exchange education programs to be able to promote and share academic knowledge and skills in the arts and sciences. Private sector business professionals also use the program/visa for specialized industry training. Medical professionals also benefit through access to specialized education and training at accredited institutions. Academic professionals and researchers can similarly take part in research and teaching, lecturing, research work, as well as consulting and observation activities. Foreign nationals can use the J-1 visa to act as a camp counselor and foreigners considered experts or leaders in their industry or fields can engage in relevant research, consulting and other professional training and activities. There are many other examples of the potential application of a J-1 visa. All of these opportunities come via sponsoring academic institutions, private sector partners, and/or government programs that take part in the J-1 visa waiver program. Individuals who are interested in the J-1 visitor visa program should reach out to a US immigration attorney to see if they are covered by the J-1 visa categories.
Benefits of a J-1 Visa
There are numerous benefits to securing a J-1 visa. Foreigners granted the visa will be able to enter the US on an exchange visitor status to engage in the activity they have been granted permission for. Dependents can also stay in the US as long as the J-1 status is maintained. Dependents also have the opportunity to attend school. Dependents can apply for employment authorization to work in the US. It is important to note here that the employment authorization will not be granted to the dependent if the income is necessary to financially support the primary J-1 applicant. J-1 applicants also have the opportunity to extend their J-1 visas to continue their activity. Foreigners who take part in the J-1 visa program often receive notable educational, cultural, and training benefits through this program. J-1 participants often successfully apply this knowledge and capabilities to enhance their work and contribute to overall industry improvements in their home countries. The J-1 visa program is a solid success and of significant benefit for individuals who take part.
Steps to apply for a J-1 visa
Before beginning the process for a J-1 visa, a foreign national should first go online to the US Embassy in their home country. Each Embassy website will explain the process in place for applying for a J-1 visa. It is important to read their process because each embassy can have some variation in the steps.
Apply and be accepted for an exchange visitor program.
An individual who would like to take part in the J-1 Visa Exchange Program and receive a J-1 visa, must first apply with an exchange visitor program through an official sponsoring organization. It is important to carefully review all the requirements, rules and regulations of the different programs. Once the individual is accepted by an exchange visitor program, they will be provided a Certificate of Eligibility (Form DS-2019) issued by the sponsor of the program. Spouses and/or minor children, if they intend to live in the United States with the applicant, will each receive a separate Form DS-2019. This document/form will be needed for the visa application process. The individual will also be registered in the Student and Exchange Visitor Information System (SEVIS) system. SEVIS is a Web-based system that maintains information on foreign students and exchange visitors and programs. The applicable SEVIS I-901 fee must also be paid at this time.
Complete and submit the visa application
After the individual is accepted by a sponsoring organization, they must then go online to submit the visa application. The visa application form (Form DS-160) is filled out online and submitted. The individual must enter all the information and upload any additional documentation that is requested. A photo must also be uploaded to the application. There are specific requirements for the photo. Full information about the acceptable format of the photo can be found here. Once the form is filled out the system will provide a confirmation. The confirmation page must be printed out as it will be required during the subsequent interview.
Schedule an Interview
Once the DS-160 form is completed and submitted online, an interview must be scheduled at the US Embassy or Consulate in the home country. Setting up an interview is done local US Embassy or Consulate and the individual should review the process on the website or call their US Embassy to ask for instructions. It is important to record the exact date and time the interview will be once it has been set up.
Prepare for Interview
Before the interview, the applicant must make sure to pay any and all applicable fees. Fees can be different depending on the individual’s category. During this time period, all required documentation should be gathered. Usually an email from the US Embassy with the interview date will also include information regarding required documentation. Required documentation will generally include the following:
- Passport that is valid for at least six months beyond the intended period of stay in the United States. All dependents, spouse and minor children will be required to submit their passports along with separate applications for each of them.
- Form DS-160 confirmation page.
- Application fee payment receipt, if applicable.
- Photo – If an individual was unable to upload their photo to the Form DS-160, they must bring the photo with them to the interview. The same photo requirements apply as indicated above.
- Certificate of Eligibility for Exchange Visitor Status, Form DS-2019 that was provided by the program sponsor.
- Training/Internship Placement Plan, Form DS-7002 – this is a form required for participants J-1 Trainee and Intern categories.
It is important to note that during the interview, additional evidence/documentation may be requested including for of the purpose of travel, proof of intent to depart the US after designated stay, and evidence that all travel costs can and will be covered.
Attend Visa Interview
The J-1 visa interview is conducted by a consular officer. They will determine whether an applicant qualifies for the visa. During the interview, the individual will provide information and evidence that they meet the requirements to receive the J-1 visa. Digital fingerprint scans will also be taken, usually during the interview process. During the interview the consular officer will review all documentation and forms and may ask for additional information. Once the interview is complete, an officer will either make a final determination or they will indicate if the application requires further administrative processing. If further processing is required the applicant will be informed. If the visa is approved, a visa issuance fee (if applicable) must be made. Arrangements will also be made for the return of the passport and visa to the applicant.
How long does it take to get a J-1 visa?
The time frame for applying and receiving a J-1 visa can vary. The length of time it will take to find a designated sponsor is dependent on the applicant; however, it usually takes approximately 2-3 weeks to process and receive the DS-2019 from the sponsor after the application and acceptance process is complete. It is recommended that an applicant complete their DS-160 and schedule their interview with their respective US Embassy/Consulate as soon as they receive their DS-2019 approval.
From filling out the online DS-160 application form to scheduling the interview can take upwards of 4 weeks. Any missed information or incorrectly submitted documentation during the submission of the DS-160 can delay the process or can even result in a denial.
The wait time from scheduling the interview until the actual date of the interview can significantly vary and is based on timeframes of the individual US Embassy or Consulate.
The visa interview can take several hours and applicants should ensure they have adequate time for the interview process. It is recommended that applicants to plan to devote the day to the entire interview process/experience.
Next, the embassy or consulate would inform you of the venue, date, and time of your interview. Sift through their message to understand the documents you will need to bring for the interview. All required documentation should be brought to the interview as missing documents will cause delays or an outright denial.
Once the visa is approved, the applicant will usually receive their passport and the visa within 7 days of the interview.
What is the J-1 Visa Length of Stay?
The length of stay for a J-1 visa holder is specified in the DS-2019 form. The duration depends on the specific program or category applied for. The maximum period is generally 7 years, with the exception of employees of the International Communications Agency who may be allowed to stay for 10 years of more.
- Teachers, scholars, researchers, and professors – 3-5 years.
- Medical grad students – 7 years.
- International Communications Agency Employees – 10 years or more
- Professional trainees and government visitors – 18 months – 2 years.
- Camp counselors and summer workers – 4 months.
- Nannies and Au Pairs – 1 year.
How to extend a J-1 visa
J-1 visa holders who still have work or training that needs to be completed in the U.S., but their J-1 visa term is about to expire, can apply for an extension of their J-1 visas. The application is simple but the applicant must have justifiable reasons for requesting the extension. It is important to note that there are additional ways and circumstances that a J-1 visa may be extended, and this should be discussed with an immigration attorney. The following information provides general information about J-1 visa extensions.
- During the travel “Grace Period” of 30 days – Preparation for Departure.
Generally, at the end of the term of the J-1 visa, the visa holder may extend their stay, without applying for an extension, for an additional 30-day grace period for purposes of preparing their departure. - Application for Extension –
During the validity time period of the J-1 visa, the term of the J-1 visa may be extended through an application process. This application must be done before the expiration of the original duration of the J-1 visa. - Extension Through Change of Category of the J-1 Visa.
A change of the category of the J-1 visa may also be carried out. The change, however, must be consistent and closely related to the purpose and objective of the original J-1 visa. The application for change of category shall be submitted by the program sponsor on behalf of the applicant via an electronic request together with the supporting justification to the Department of State. - Six Months Extension for Research Scholars.
Research scholars and professors may request a six-month extension from their sponsor program when necessary for purposes of completing their research program or project. Applications for another six-month extension shall require documentation that shows the circumstances why a further extension will be required. This second application for extension must be submitted and approved by the Department of State rather than the sponsor program.