The J-1 exchange visitor visa is meant to promote educational and cultural exchanges between the U.S. and other countries around the world. This visa is primarily available to people who have signed up with an approved program that focuses on teaching, receiving training, or conducting research.
The J-1 visa is also used by U.S. employers that want to hire workers to either receive on-the-job training or to take part in an internship. (You'll find the laws and regulations on this in the Immigration and Nationality Act at I.N.A. § 101(a)(15)(J), and in the Code of Federal Regulations, at 8 C.F.R. § 214.2(j).)
And for college and university students outside the U.S., J-1 summer work/travel programs are available, allowing you to spend a summer working in the United States, typically at low-skill, seasonal jobs. The maximum time in the U.S. will be four months.
The law places no limit on the number of people who can receive J-1 visas each year.
Here are the main things to know about what rights and responsibilities come with a J-1 exchange visitor visa:
In order to qualify for a J-1 exchange visitor visa, you need to be:
If you meet all these criteria, the application process for a J-1 visa is relatively simple.
Below are some ideas for program types to look into.
If you're like most prospective exchange students, you are already attending a university in your home country. You want to spend a year at a college or university in the U.S., and then return to your home university to complete your studies.
Check to see whether your school participates in any exchange programs with U.S. schools, and whether you qualify under the terms of that program. The exchange program might direct you to a particular U.S. college or university and help you throughout the process of enrolling there as an exchange student.
Two schools agreeing to accept each others' students is just one type of exchange program. Exchange programs are also created by agreements between U.S. universities and foreign governments, and between state or local government agencies in the U.S. and foreign countries. Check to see whether your government offers this type of exchange student opportunity and whether you meet the selection criteria.
You can also study in the U.S. as an exchange student if an American governmental agency (federal, state, or local) or the government of your home country will pay for your studies in the United States. They can pay you directly, or they can be funding a program you have been selected to participate in.
You can also get exchange student status through funding from an international organization that includes the U.S. as a member.
And finally, you can become an exchange student if anyone other than yourself or your family pays most of the cost of your studies in the United States.
The exchange student program you're participating in might help you with the process of applying for acceptance to the U.S. college or university. If you need to find a U.S. college or university that sponsors foreign exchange students, see the State Department's list of Designated Sponsor Organizations. You will need to meet the school's standards for acceptance.
For information on the application process, see either How to Apply for J-1 Status From Within the United States or How to Apply for a J-1 Visa From Overseas.
Your school or exchange visitor organization should provide you with a good deal of help and advice with the J visa application process. Nevertheless, a lawyer can provide valuable services, particularly you've had trouble getting visas in the past, overstayed your permitted time on a U.S. visa, or are from a country thought to sponsor terrorism.
Also, if you decide after coming to the U.S. that you want to apply for a different nonimmigrant status or green card, but think you might be subject to the two-year home residence requirement and would therefore need a "no objection" or other waiver, you should definitely get a lawyer's help.
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