Q: What is a J-1 Visa?

A: J-1 visas are for people who want to participate in an exchange visitor program in the US. The J-1 visa is intended for students needing practical training that is not available in their home country to complete their academic program. The training must be directly related to the academic program. The J-1 visa obligates the student to return to their home country for a minimum of two years after the end of their studies in the US.

A J-1 Visa is issued for an exchange visitor who is participating in an established J exchange program pre-approved by the U.S. Department of State. Exchange visitors under J-1 visas include secondary school and college students, business trainees, primary and secondary school teachers, college professors, research scholars, medical residents or interns receiving medical training in the U.S., specialists, international visitors, and government visitors.

Q: Who is Eligible for the J-1 visa?

A: The J-1 visa is applicable to the following people:

• Students at all academic levels;

• Au-pairs and nannies;

• Trainees obtaining on-the-job training with firms, institutions, and agencies;

• Teachers of primary, secondary, and specialized schools;

• Professors coming to teach or do research at institutions of higher learning;

• Research scholars;

• Professional trainees in medical and allied fields;

• Business and industrial trainees;

• International visitors coming for the purpose of travel, observation, consultation, research, training, sharing, or demonstrating specialized knowledge or skills;

• Anyone who takes part in an exchange program approved by the U.S. Department of State .

Q: What is the two-year Home Residency Requirement for J visa holders?

A: There are basically two types of J-1 visas:

1) J-1 visas that do not have a two-year “Home Residency Requirement” (HRR); 

2) J-1 visas that have the HRR restriction. 

The J-1 regulation requires some J visa holders to reside in their home country for at least two years before they may obtain an H, L or other immigrant visa to enter the U.S. or adjust their status within the U.S. The two-year Home Residence Restriction requires J-1 exchange visitors to return to their home countries and physically stay there for at least two years after the end of their J-1 visit.

Q: Can the spouse and children of a J-1 visa holder come to the U.S.?  

A: The spouse and children of a J-1 status holder may be admitted to come to the U.S. under a J-2 visa. The spouse or child cannot stay in the U.S. for a period longer than the principal J-1 exchange visitor.

A J-2 visa is issued to a child under age 21, or spouse of a J-1 principal. Once the minor child reaches the 21st birthday, the child is no longer qualified for a J-2 visa or J-2 status. Also, if the J-2 spouse divorces the J-1 status holder, he/she is no longer qualified for J-2 status.

Q: Can a J-2 Visa holder get into college or work?

A: J-2 holder may enroll in a college or university during the length of stay. Also, a J-2 holder may apply for Employment Authorization and work for anyone, once the Employment Authorization is obtained from the USCIS throughout the J-2 status period.

Q: How long can a J-1 program last?

A: The J-1 program's duration depends on the program category and the J-1 program sponsor. The J-1 program sponsor has full discretion to extend the period within the maximum program's duration period.

Q: Where do I apply for J-1 visas?

A: You need to apply for a J-1 visa at U.S. Consulate offices located abroad.

Q: What are the requirements for J-1 applicants? and what documents are needed to apply for a J-1 visa?

A: J-1 applicants must demonstrate that they:

• plan to remain in the U.S. for a temporary, specific, limited period;

• have evidence of funds to cover expenses in the United States; and

• have evidence of compelling social and economic ties abroad, and other binding ties which will insure their return abroad at the end of the visit. 

As an applicant, you need to provide the following documents to apply for a J-1 Visa: 

• a completed SEVIS DS-2019 Form issued by your program sponsor, 

• your passport, 

• completed Form OF-156 (Visitor Visa Application), 

• a photograph, 

• and other supporting documents. 

Q: How do I determine my current legal status in the U.S. as a J-1 holder?

A: To determine your status in U.S., please refer to your DS-2019 Form and I-94. When you entered the U.S., the USCIS inspection officer will have marked "D/S" on your Form I-94. "D/S" means "Duration of Status" and indicates that your legal stay is for a certain limited period of time. The Exchange Program Period that is marked on your DS-2019 Form determines the length of your legal stay within the U.S.

Q: How to get an Advisory Opinion from U.S. Department of State (DOS) to make sure if I am subject to the two-year home residency requirement?

A: Sometimes it can be a complex matter to determine whether or not one is subject to the two-year home residency requirement. DOS has a procedure for issuing an opinion in a given case on this issue. Please note that the DOS does not charge a fee for such advisory opinions, and does not plan to do so. In some instances, it could prove worthwhile to request an Advisory Opinion on the issue from the U.S. Department of State. 

To get an Advisory Opinion, write to the United States Department of State. The DOS is responsible for the administration of the Exchange Visitor program and the two-year foreign residence requirement. Address your letter to:

Waiver Review Branch
United States Department of State
301 Fourth Street, SW
Washington, DC 20547

The Advisory Opinion from DOS is FREE without any charge or fee. Enclose all of your DS-2019 forms and old IAP-66 forms (if applicable), and in a cover letter explain why you are uncertain whether you are subject or not to the two-year foreign residence requirement, and ask for a U.S. Department of State’s advisory opinion.

Q: What is my J-1 visa valid period? when does a J-1 visa holder have to leave the U.S.?

A: The valid period of your J-1 visa is the period during which you may enter the U.S. This indicates your length of stay within the U.S. This differs from the maximum duration of stay for your J-1 program which defines the longest length of stay for anyone participating under the particular J-1 program.

A J-1 visa holder is eligible to stay in the U.S. for the amount of time listed on the DS-2019 plus 30 days to depart.

Q: Is a J-1 visa holder allowed to work? can the dependents of J-1 holders work or study on a J-2 Visa?

A: A J-1 holder is allowed to work for the J-1 program sponsor. A J-1 holder may not work for another employer without special authorization.

The dependents of J-1 holders may work in the US. The accompanying spouse and minor children of a J-1 exchange visitor may accept employment only with authorization from USCIS. J-2 employment may be authorized for the duration of the J-1 Principal holder’s authorized stay as indicated on Form I-94, and J-2 dependents can apply for an extension of stay and a renewal of employment authorization with USCIS.

The dependents of J-1 can study on J visa and do not need to apply for a separate student visa.

Q: How can a J-1 holder work for an employer other than the program sponsor?

A: A J-1 holder may work for institutions or companies within his/her specialty field, provided the J-1 program sponsor gives its written consent.

Q: How can an entity apply to become a J-1 program sponsor?

A: The entity needs to be pre-approved by the Department of State. Educational institutions, private companies, research institutions and governmental agencies are all examples of organizations that may qualify as J-1 program sponsors.

Q: I am a J-1 student. How long can I participate in Practical Training upon completion of my degree program?

A: You may be eligible to participate in a Practical Training Program upon graduation. The length of time depends on the degree awarded. If you have received your baccalaureate or master degree, you may enter a training program for a maximum period of eighteen (18) months, while post-doctoral individuals can receive practical training for a maximum period of thirty-six (36) months.

Q: I am a J-1 researcher. May I change my status to a J-1 student?

A: It depends. Some program sponsors require you to go abroad and apply for another J-1 visa under the new program before allowing you to adjust your status.

Q: What is the relationship between a J-1 visa and an O-1 visa?

A: There is no direct relationship between a J-1 visa and an O-1 visa. If a J-1 holder is not able to obtain a J-1 waiver before his/her maximum term expires, an employer may apply for an O-1 visa on behalf of the J-1 holder and he/she may go abroad to obtain an O-1 visa.

Q: How could I obtain a waiver on my two-year residency requirement?

A: A J-1 visa holder can apply for an HRR waiver from the U.S. Department of State as long as the J-1 visa has more than 6 months validity time and the J-1 visa status has been kept for more than one year. J-1 visa holders can apply for the waiver based on the following circumstances:

• A "no-objection" letter process;
• An Interested Government Agency Waiver;
• A waiver application based on Exceptional Hardship;
• A waiver application based on Fear of Persecution; and
• A waiver application for a physician employed in a Designated Health Care Shortage Area.

Q: Can I change my J-1 to another nonimmigrant visa while in the U.S.?

A: As a J-1 visa holder, you may apply for a non-immigrant visa such as an O, E or F visa from a U. S. Consulate located in a foreign country. However, you may not obtain an H or L visa until you have received either a J-1 Waiver or until you have fulfilled the two-year foreign residency requirement.

A J-1 holder subject to the 2 year home residency restriction rule may change to F-1 status, but not to an H-1 work visa or other non-immigrant visa unless he or she has obtained a waiver of the residency requirement.

Q: What U.S. government agency handles J-1 waivers?

A: All J-1 waivers are now under the jurisdiction of the U.S. State Department, Waiver Review Division.

Q: If I have been denied an NIW (National Interest Waiver) petition, will I be able to obtain a J-1 waiver?

A: The NIW and the J-1 waiver application process are determined independently of one another. One petition does not affect the other.

Q: May I self-petition for a J-1 waiver?

A: Yes. You are eligible to self-petition for either an "Exceptional Hardship" or a "Fear of Persecution" waiver. A "No-Objection" letter waiver request should be made by your home country or country of last permanent residence. Additionally, an IGA waiver request should be made on your behalf by an interested U.S. government agency.

Q: When may I start the No-Objection waiver process?

A: Each home country has a different policy regarding when to initiate the No-Objection waiver process. For example, the Chinese Consulates requires that the individual be in a J-1 program for a minimum of one year before requesting a waiver form.

Q: How long does the No-Objection waiver process take?

A: The length of the No-objection waiver process depends on your particular home country. Some countries process the letter quickly and provide you with a response in a few months, other require up to six months for a No-Objection determination.

Q: What is an IGA waiver?

A: An IGA waiver is obtained through sponsorship of an Interested Government Agency (IGA). Generally, the potential sponsoring IGA is a U.S. government agency that financially supports your program or has a strong interest in your area of research or study. An effective way to identify an IGA is to trace your program funding.

Q: When is a good time to begin an IGA waiver?

A: Timing is very important for IGA waivers. Usually, an IGA waiver is initiated towards the latter stage of the individual's program. For example, a J-1 visiting researcher or professor program may be extended for three or more years. In this example, the IGA waiver should be initiated at the end of the second year.

Q: Why should I wait until the latter stages of the program?

A: You should wait until the latter stages of the program's duration for three reasons. 

• First, the basis for your IGA is your claim that you are an important part of the research program and your anticipated absence, due to the limited duration of the J-1 program, will jeopardize the research project. If there is more than one year remaining in your J-1 program, this point is hard to argue because the research project may be completed within the year. 

• Second, some time is necessary for you to publish articles which is necessary supporting evidence for your J-1 waiver application. 

• Third, you may need time to become acquainted with your project colleagues who will be writing recommendation letters on your behalf.

Q: How long does an IGA waiver take?

A: You must first obtain a case number from DOS which can take about a month. The amount of time required to obtain the IGA recommendations depends on each particular IGA. After the IGA recommendations are received, the State Department then reviews the case (4 - 5 months). The State Department then forwards its recommendation to the appropriate USCIS Service Center. Different USCIS Service Centers have different review processing times.

Q: Can I apply for both an IGA and a No-Objection letter simultaneously?

A: Yes.

Q: My time to process an IGA waiver or No-Objection letter has run out. What should I do?

A: First, you should request that your program sponsor extend your program to the maximum program duration. If you are about to reach the maximum duration period, you should consider an F-1 program and obtain Form I-20.

Q: May a J-2 holder file a waiver petition independently of the J-1 principal?

A: In most situations, a J-2 holder is not allowed to file an independent waiver petition. If a J-2 holder obtains a divorce from the J-1 principal, however, an independent waiver petition may be possible. 

Q: For someone who was once on J-1 without a waiver, and later managed to change to F-1 visa or even H-1B visa, can he apply for Green Card now?

A: One can always apply for Green Card and obtain an approval if he/she fulfills the relevant requirement. But one cannot, however, adjust the status to U.S. Permanent Resident if he/she still has not solved the two-year home service problem.

Q: I am qualified either Extraordinary Ability or NIW, but the problem is my J-1 two-year home service requirement. What can I do?

A: First, make sure you are truly subject to the two-year home service requirement. Even if you are, you can always apply for Green Card approval and later deal with the two-year home service requirement. The Green Card approval is good for life, which gives you plenty of time to handle the two-year requirement.

Q: I am doing post-doc on J-1 visa with the two-year requirement waived. Do I need H-1B visa in order to be eligible to apply for U.S. Permanent Resident under NIW?

A: No. A post-doc position is sufficient to apply for U.S. Permanent Resident under NIW.

Q: Can J-1 holders avoid the two-year home residence requirement by becoming a Canadian resident or staying in Canada for two years?

A: No. The law requires J-1 holders, absent a waiver, to reside in his place of original residence for two years before becoming eligible for U.S. permanent residence.

Q. How do I acquire an extension beyond the maximum limitation of stay of my exchange visitor program?

A. You will need to contact the responsible officer/alternate responsible officer at your institution concerning an extension.

Q: What is the Conrad State 30 Program? 

A: The Conrad State 30 program was initiated in 1994 and was designed to provide each of the 50 U.S. states up to 30 J-1 waivers for physicians each federal fiscal year. Each state has been given some flexibility to implement its own guidelines, but there are some basic requirements that are common to all State 30 programs. 

For physicians who qualify, the State 30 program is an excellent method of obtaining a waiver. Each Conrad 30 state typically has their own application materials that are separate from the DOS application for waiver. Interested parties should contact the program in their state of intended employment for more information. 

Q: What is the requirements for Conrad State 30 Program?

A: While the exact requirements vary from State to State, the following is generally required:

• A full-time offer of employment (40 hours per week) as a primary care physician in a health professional shortage area or medically underserved area in a particular State;

• A letter of support from the particular State Director of Health supporting the physician's state 30 request;

• A 'no-objection' letter from the foreign physician's home country, if needed; and

• A three-year employment contract. 

This program is an important source of qualified physicians for underserved rural areas. The enacted legislation contains the following provisions. 

Q: What is the "underserved rural areas" and what is the regulation reauirements?

A: The State 30 program is an important source of qualified physicians for underserved rural areas. The enacted legislation contains the following provisions. 

• United States Department of Health and Human Services (HHS) will maintain authority to designate Health Professional Shortage Areas (HPSAs). 

• A nationwide pilot program (open to all states) to allow states the flexibility to place up to five of their 30 state J-1 physicians in an area not designated as a HPSA, provided the facility serves individuals residing in a HPSA. 

• The federal (HHS) J-1 waiver program will be exempted from the H1-B visa cap. 

• The federal (HHS) J-1 waiver program will be applied to specialists as well as primary care physicians. In order to receive a waiver for a specialist, a sponsoring agency must determine the area to be served has a shortage of that particular specialty. 
  

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