J Visa Exchange Visitors
The Exchange visitor (J-1) nonimmigrant visa is authorized for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.
In carrying out the responsibilities of the Exchange Visitor Program, the Department of State designates public and private entities to act as exchange sponsors. J-1 nonimmigrants are therefore sponsored by an exchange program that is designated as such by the U.S. Department of State. These programs are designed to promote the interchange or persons, knowledge, and skills, in the fields of education, arts, and science.
Examples of exchange visitors include, but are not limited to: Professors or scholars, Research assistants, Students, Trainees, Teachers, Specialists, Nannies/Au pairs, and Camp counselors.
Note:
1) The Exchange Visitor Program fosters global understanding through educational and cultural exchanges. Thus, all exchange visitors are expected to return to their home country upon completion of their program in order to share their exchange experiences, except limited exception.
Application Process
The U.S. Department of State plays the primary role in administering the J-1 exchange visitor program, so the first step in obtaining a J-1 visa is to submit a Form DS-2019, Certificate of Eligibility for Exchange Visitor Status, (formerly known as an IAP-66).
This form will be provided by your sponsoring agency. An official who is authorized to issue Form DS-2019 is known as a Responsible Officer (RO) or Alternate Responsible Officer (ARO).
The second, apply for a J-1 visa through the U.S. Department of State at a U.S. embassy or consulate. The third, the waiting time for an interview appointment for applicants can vary, so submitting your visa application as early as possible is strongly encouraged. Learn more about interview wait and processing times by visiting www.travel.state.gov.
Employment
J-1 nonimmigrant may work legally in the U.S. if the work is part of their approved program or if they receive permission to work from the official program sponsor. Employment is authorized for J-1 nonimmigrants only under the terms of the exchange program.
Family of J-1 Visa Holders
Your spouse and unmarried children under 21 years of age, regardless of nationality, are entitled to J-2 classification. Your spouse and children are entitled to work authorization; however, their income may not be used to support you.
Waiver of two years home county physical presence requirement
Certain exchange visitors (J-1) are subject to a two-year home-country physical presence requirement which requires you to return to your home country for at least two years at the end of your exchange visitor program. If you are unable to return to your home country to fulfill the two-year requirement, you must obtain a waiver approved by the Department of Homeland Security prior to changing status in the United States or being issued a visa in certain categories for travel to the United States.
two-year home-country physical presence requirement
you are subject to the two-year home-country physical presence requirement, for one or more of the following reasons:
Government funded Exchange Program – You participated in an exchange program that was funded in whole or in part by a U.S. government agency, your home country’s government, or an international organization that received funding from the U.S. government or your home country’s government,
Specialized Knowledge or Skill – You participated in an exchange program involving an area of study or field of specialized knowledge that has been designated as necessary for further development of your home country and appears on the Exchange Visitor Skills List for your home country, or
Graduate Medical Education/Training – You participated in an exchange program to receive graduate medical education or training.
J-1 Waiver Recommendation Application
STEP 1 – Complete the Online J Visa Waiver Recommendation Application
https://j1visawaiverrecommendation.state.gov/
STEP 2 – Mail your Waiver Application and Fee Payment
STEP 3 – Submit Supporting Documents
These supporting documents are determined by the basis for which you request a waiver of the two-year home-country physical presence requirement and must be submitted on your behalf to the Waiver Review Division by others as applicable, for example by your home country’s government or other government agencies.
STEP 4 – Check your Waiver Request Status and Update your Contact Information
STEP 5 – Processing Times
Processing times for waiver recommendations by the Department of State, Waiver Review Division vary depending on the basis under which you request a waiver of the two-year home-country physical presence requirement.
STEP 6 – Department of State Recommendation and Final Determination by USCIS
At the conclusion of the review process, the Department of State, Waiver Review Division will forward its recommendation directly to USCIS. If Waiver Review Division does not recommend to USCIS that you be granted a waiver, you will be sent a copy of the unfavorable waiver recommendation that is sent to USCIS.
USCIS makes the final determination on your waiver request. USCIS will decide whether your waiver application is approved or denied and will notify you directly at the address you provided.
Q & A
Can I participate in another J1 program after finishing my current program?
A: Your current J-1 visa is ONLY applicable for your current J-1 exchange program and under your current program sponsor. Upon completion of your current J-1 program, you are expected to depart the United States.
If you intend to pursue a 2nd J-1 exchange program (in a different category and with a different J-1 sponsor), you will need to apply for a new J-1 visa for your new exchange program and new J-1 sponsor – in order to reenter the U.S. for the 2nd program.
Can I participate in another J1 program after finishing my current program?
A: Your current J-1 visa is ONLY applicable for your current J-1 exchange program and under your current program sponsor. Upon completion of your current J-1 program, you are expected to depart the United States.
If you intend to pursue a 2nd J-1 exchange program (in a different category and with a different J-1 sponsor), you will need to apply for a new J-1 visa for your new exchange program and new J-1 sponsor – in order to reenter the U.S. for the 2nd program.
How long before my J-1 program starts can I arrive in the United States? How long can I remain after my program ends?
A: You may not arrive more than 30 days before the program start date shown on your DS-2019. Upon completion of your exchange program, you have a grace period of 30 days to depart the United States.
My visa has expired during the program.
What do I do?
A: If your visa has expired and you do not plan to travel outside of the U.S., you do not need to renew the visa. However, if you travel outside of the United States during your current exchange visitor program and after your J-1 visa has expired, you must apply for a new J-1 visa in your home country in order to re-enter the United States to continue your program.
What will happen to my J-1 Visa status if my exchange visitor program sponsor terminates my exchange visitor program?
A: If your sponsor terminates your participation in their exchange program for just cause, the sponsor will enter this information into SEVIS and you will be expected to depart the United States immediately. You will not be entitled to the post-completion 30-day period because you did not successfully complete your program.