Q: What is a J-1 Visa?
A: 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: What is the two-year Home Residency Requirement for J visa holders?
A: This rule 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.

Q: What is a J-2 Visa?
A: A J-2 visa is issued to a child under age 21, or spouse of a J-1 principal. Once the minor child reaches his/her 21st birthday, he/she 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 his/her 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 documents are needed to apply for a J-1 visa?
A: 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?
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.

Q: Is a J-1 visa holder allowed to work?
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.

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: Generally, a waiver may be obtained through one of the following channels:

• 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: 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.

 

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