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| J-1
OVERVIEW |
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| Exchange
Visitors The Immigration and Nationality Act (INA) provides nonimmigrant visa categories for persons to participate in exchange visitor programs in the United States. The “J” visa is for educational and cultural exchange programs designated by the Department of State, Bureau of Consular Affairs. The “J” exchange visitor program is designed to promote the interchange of persons, knowledge, and skills in the fields of education, arts, and sciences. Participants include students at all academic levels; 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 the medical and allied fields; and international visitors coming for the purpose of traveling, observing, consulting, conducting research, training, sharing, or demonstrating specialized knowledge or skills, or participating in organized people-to-people programs. Background Requirements Financial Resources Participants in the “J” exchange visitor program must have sufficient funds to cover all expenses, or funds must be provided by the sponsoring organization in the form of a scholarship or other stipend. Scholastic Preparation “J” exchange visitors must have sufficient scholastic preparation to participate in the designated program, including knowledge of the English language, or the exchange program must be designed to accommodate non-English speaking participants. Medical Education and Training Exchange visitors coming under the “J” program for graduate medical education or training must meet certain special requirements. These requirements including passing the Foreign Medical Graduate Examination in Medical Sciences, demonstrating competency in English, being automatically subject to the two-year foreign residence requirement (after completion of their program), and being subject to time limits on the duration of their program. Physicians coming to the United States on exchange visitor programs for the purpose of observation, consultation, teaching, or conducting research in which there is little or no patient care are not subject to the above requirements. Return Home Requirements After completion of their J-1 program, certain J-1 visa holders must return to their home country for two years before they may apply for a change of status, be readmitted with certain visas, or become a permanent resident of the United States. There are three ways to become subject to the two year foreign residency requirement: 1. Government funding of the J-1 program; 2. Inclusion of the foreign national’s field of training or education on the “Skills List”; or 3. Graduate medical education or training. There are waivers of the two year foreign-residency requirement available for certain J-1 visitors. Waivers are granted based upon the following reasons: 1. Home country issues a no-objection statement; 2. Exceptional hardship to certain relatives; 3. Risk of persecution; 4. U.S. Government agency recommendation; 5. U.S. government waiver for J-1 physician providing clinical care to an underserved population. |
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