J1 Visa: Exchange visitor

Suitable for foreign specialty trainees looking for cultural unique expertise

Let us consider a few of the basic eligibility requirements for this visa (note that there are several distinct requirements depending on the exchange category one is partaking in). The applicant will have to evidence that they will be able to financially support themselves during the program, whether via money in a bank account or via a salary that they may be paid by the host organization during their J-1 program. Further, the participant must exhibit a proficient understanding of the English language. If one is partaking in a trainee program for example, then specific information of the host company will be required, such as the host company’s Dunn & Bradstreet Number and the number of employees they have, among other information.

J-1: Exchange Categories

Below are the 15 exchange categories as described in the immigration regulations, 9 F.A.M. 41.62 N.4 and 22 CFR §62.20 et seq. Pay special attention to the Intern and Trainee categories:

1. Alien Physician: This category is for foreign national physicians pursuing American medical board certification through graduate education and training at accredited U.S. schools of medicine, or other U.S. institutions through a clinical exchange program.
2. Au Pair: This category is for a foreign national entering the United States for a period of one year for the purpose of residing with an American host family (or the family of a lawful permanent resident) while directly participating in their home life and providing limited childcare services. The au pair is also required to enroll and attend classes offered by an accredited U.S. post-secondary institution for not less than 6 semester hours of academic credit, or the equivalent. As a condition of participation, host-family participants must agree to facilitate the enrollment and attendance of the Au Pair and to pay the cost of such academic course work in the amount not to exceed $500. Failure to adhere to the education component is grounds for termination from the program.
3. Camp Counselor: This category is for a foreign national selected to be a counselor in an accredited U.S. summer camp (during the U.S. summer months) who imparts skills to American campers and information about his or her country or culture.
4. Government Visitor: This category is for a foreign national who is recognized as an influential or distinguished person in their own country, and who is selected by a Federal, State, or local government agency to participate in observation tours, discussions, consultations, professional meetings, conferences, workshops, and travel.
5. Intern: This category is for a foreign national who is either currently enrolled in and pursuing studies at a degree- or certificate-granting post-secondary academic institution outside the Untied States; or graduated from such an institution no more than 12 months prior to his or her exchange visitor program start date, and who enters the United States to participate in a structured and guided work-based internship in his or her specific academic field.
6. Trainee: This category is for a foreign national who has either a degree or professional certificate from a post-secondary academic institution outside the United States and at least one year of prior related work experience in his or her occupational field in his or her home country; or 5 years of work experience in his or her occupational field.
7. International Visitor: This category is for an individual who is a recognized or potential leader in their own country, selected by the Department of State to participate in observation tours, discussions, consultation, professional meetings, conferences, workshops and travel.
8. Professor: This category is for an individual who is engaged primarily in teaching, lecturing, observing, or consulting at accredited post-secondary academic institutions, museums, libraries, or similar institutions. The Professor may also conduct research and participate in occasional lectures if authorized by the program sponsor.
9. Research Scholar: This category is for an individual whose primary purpose is to conduct research, observe, or consult in connection with a research project at research institutions, corporate research facilities, museums, libraries, post-secondary accredited academic institutions, or similar types of institutions. The Research Scholar may also teach or lecture, unless disallowed by the sponsor. The Research Scholar’s appointment to a position shall be temporary, even if the position itself is permanent. The individual shall not be a candidate for a tenure-tracked position.
10. Short-term Scholar: This category is for a foreign national who is a Professor, Research Scholar, or person with similar education or accomplishments coming to the United States on a short-term visit for the purpose of lecturing, observing, consulting, training or demonstrating special skills at research institutions, museums, libraries, post-secondary accredited academic institutions, or similar type of institution.
11. Specialist: This category is for a foreign national who is an expert in a field of specialized knowledge or skill coming to the United States for observing, consulting, or demonstrating their special skills.
12. Secondary School Student: This category affords foreign Secondary School Students an opportunity to study for up to one year in a U.S. accredited public or private secondary school while living with an American host family or residing at an accredited U.S. boarding school.
13. College and University/Student: In order to participate, a foreign individual must be someone who is: (1) Studying in the United States; pursuing a full course of study at a post-secondary accredited academic institution; pursuing a full course of study leading to or culminating in the award of a U.S. degree from a post-secondary accredited academic institution or engaged full-time in a prescribed course of study in a non-degree program of up to 24 months duration conducted by a postsecondary accredited academic institution; or (2) Participating in academic training as discussed above; or (3) Engaged in English language training at a post-secondary accredited academic institution, or an institute approved by or acceptable to the post-secondary accredited academic institution where the college or university student is to be enrolled upon completion of the language training.
14. Summer Work Travel (SWT): In this category, a participant is defined as a bona fide foreign post-secondary student in his or her own country currently enrolled in and actively pursuing a degree or a full-time course of study at an accredited academic institution, or as that status is defined by the alien’s home country educational system. Final year students are eligible to take part in this program even though they will have graduated at the time of participation as long as they apply to participate in the program prior to graduation.
    
15. Teacher: This category is for an individual teaching full-time in a primary or secondary accredited academic institution.

Duration of Stay

The duration of stay in each of the above mentioned categories varies as follows (22 CFR 62.43):

(1) Alien Physician—limited to 7 years;

(2) Au Pair—1 year, with a possible extension of 6, 9 or 12 months, upon Department approval;

(3) Camp Counselor—not to exceed 4 months;

(4) Government Visitor—not to exceed 18 months;

(5) Intern—not to exceed 12 months;

(6) International Visitor—not to exceed 1 year;

(7) Professor—not to exceed 5 years unless directly sponsored by a federally funded national research and development center or a U.S. federal laboratory;

(8) Research Scholar—not to exceed 5 years unless directly sponsored by a federally funded national research and development center or a U.S. federal laboratory;

(9) Short-Term Scholar—not to exceed 6 months;

(10) Specialist—not to exceed 1 year;

(11) Summer Work Travel—not to exceed 4 months;

(12) Teacher—not to exceed 3 years;

(13) Trainee—not to exceed 18 months; Flight Trainee—not to exceed 24 months.

2 Year Home Residency Requirement

Another important issue related to the J-1 visa is the Two-Year Home Residency Requirement. As designated by the Department of State, in their “skills list,” the home residency requirement applies to foreigners from specific countries, who are engaged in specific types of work. Those persons who are on the skills list may not change their status to any other type of visa before they return to their home country for at least a two year period.

The applicable Department of State Skills List can be found at this address:

http://exchanges.state.gov/jexchanges/docs/skills_list.pdf

As an example of how to use this list, let us imagine that we are from Argentina and we have been granted an opportunity to partake in a training program with a host company that is focusing on Agricultural Engineering. In order to determine whether we will be subject to the Two Year Home Residency Requirement, we find the section for Argentina in the skills list and then we search through the grouping of occupations to see if Agricultural Engineering appears. If you look at the list below you will find it does appear in group 4. Accordingly, in this situation we would be subject to the home residency requirement unless we prepare and file a successful waiver.

Waiver:

A person who is subject to the above mentioned 2 year home residency requirement may submit an application for a waiver of this two year period, allowing them to change their status and remain in the U.S. As expressed by the U.S. Department of State (http://exchanges.state.gov/jexchanges/visitors/waivers.html):

A waiver may be requested for five statutory bases: 1) a claim of Exceptional Hardship to a U.S. citizen or legal permanent resident spouse or child of an exchange visitor if the exchange visitor is required to return to the country of residence; 2) a claim that the participant will be persecuted due to race, religion, or political opinions if he/she returns to the country of residence; 3) a request from an interested US Government Agency on the participant's behalf; 4) a No Objection Statement from your government; and 5) a request by a designated State Health Department or its equivalent. U.S. Department of State.