Student Visas
J1 VISA - EXCHANGE VISITOR PROGRAM
The student visa system is a very complicated system and requires that you consult us. We will guide your petition at every level of the process.
The J visa is for educational and cultural exchange programs designated by the U.S. Department of State, Exchange Visitor Program and Designation Staff.
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, USCIStitutions, and agencies; teachers of primary, secondary, and specialized schools; professors coming to teach or do research at USCIStitutions of higher learning; research scholars; professional trainees in the medical and allied fields; and international visitors coming for the purpose of travel, observation, consultation, research, training, sharing, or demonstrating specialized knowledge or skills, or participating in organized people-to-people programs.
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.
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.
Exchange visitors coming under the J program for graduate medical education or training must meet certain special requirements. They include having passed the Foreign Medical Graduate Examination in Medical Sciences, demonstrating competency in English, being automatically subject to the two-year foreign residence requirement (later), 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 research in which there is little or no patient care are not subject to the above requirements.
Applicants for exchange visitor visas should generally apply at the U.S. Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence. Employment while in J exchange visitor status depends upon the terms of the program. Participants in programs which provide for on-the-job training, teaching, research, or other activities which involve paid employment may accept such employment. Participants in programs which do not involve work may not accept outside employment.
The spouse and minor children of participants in J exchange programs may apply for derivative J2 visas to accompany or follow to join the principal alien by presenting a copy of the principals Form IAP-66. They must demonstrate that they will have sufficient financial resources to cover all expenses while in the United States. The J-1 visa is the only nonimmigrant visa which allows employment of dependants. J-1 holders spouses and minor children (J-2 status) may accept employment with USCIS authorization, provided that their income is not used to support a J-1 holder.
J-1 Visa is Suitable For:
- Foreign medical graduates or physicians to pursue graduate medical education or training at accredited schools of medicine or scientific institutions
- Foreign students participating in exchange programs to promote the sharing of knowledge and skills in education, arts and sciences
- Research scholars to teach, conduct research, observe, or consult on research projects
- Au Pairs to live with an American host family
- Foreign nationals to pursue business and industrial training programs in the U.S.
- Professors to teach, lecture, conduct research, or consult at educational institutions, museums, libraries, or similar institutions in the U.S.
- Employees of International Communication agencies
- Research assistants sponsored by the national institute of health
- Foreign nationals to serve as counselors in U.S. summer camps
- Foreign nationals to obtain further academic qualifications or gain practical experience/training in a specific area of knowledge or expertise
- Foreign nationals who are recognized as potential leaders or experts to engage in observation tours, discussions, consultation, professional meetings, and training
- U.S. organizations authorized by the Department of State (DOS) to sponsor foreign nationals for training
J-2 Visa is Suitable For:
- Spouse and children of J-1 visa holders who wish to visit the exchange visitor in the U.S.
- Spouse and children of J-1 visa holders who wish to accompany the foreign national student
J1 VISA : A VERY GOOD ALTERNATIVE TO COME TO THE USA
The student visa system is a very complicated system and requires that you consult us. We will guide your petition at every level of the process.
This visa is an alternative for applicants who cannot fulfill the H-1 requirement for
insufficient education and or because the H-1 category is filled until October 1, 2007.
The J Visa is an educational and cultural program designed by the Department of State, Bureau of Consular Affairs. The program fosters the exchange of persons, knowledge and skills in education, arts and sciences. Students, trainees, institutions, teachers, professors for higher education or research scholars, professionals in the medical fields and international visitors coming to travel, observe, consult or conduct research may be included as participants.
The program participants must demonstrate that they have sufficient funds to cover their expenses or that they will be provided by an accredited sponsoring organization, and that they have sufficient education or training to participate in the program.
For graduate medical education or training, an applicant must pass the necessary Foreign Medical Examination and the English comprehension exams as well. The medical graduate or trainee will be subject to a two year foreign residence requirement after completion of the program. Physicians not coming for clinical work but only for the purpose of observation, consultation, teaching or conducting research, are not subject to these limitations.
The Department of State issues a form of Certificate of Eligibility J-1 which must be authorized by an accredited sponsoring agency. When a J-1 arrives at a U.S. Port of Entry, the U.S. Customs and Border Protection Agency will authorize an appropriate period of stay in the U.S. by endorsing Form I-94 record of Arrival and Departure for the time authorized.
Many exchange visitors who enter the U.S. are subject to a requirement that they return to their native country to share their knowledge acquired here. Those J-1s who are subject to this foreign residence requirement must return to their country for a two year period before they may return to the U.S. with immigrant visas or apply for another nonimmigrant visa.
WHO IS SUBJECT TO THE FOREIGN RESIDENCE REQUIREMENT?
If a J-1 receives funds for the program paid for, directly or indirectly, by his or her government or the U.S. government, the J-1 will be subject to the foreign residence requirement. Or if the J-1 comes from a country which has been designated by the Bureau of Consular Affairs as requiring the skills of the J-1 (see the Exchange Visitor Skills List), then this J-1 would be obliged to return to his or her country for two years.
Lastly, if an applicant has arrived after January 10, 1977, to obtain graduate medical education or training, the graduate J-1 would be subject to the two year foreign residence requirement.
WAIVER OF THE FOREIGN RESIDENCE REQUIREMENT
The student visa system is a very complicated system and requires that you consult us. We will guide your petition at every level of the process. Eligibility for a Waiver depends on proof of one of the following:
a) The J-1 has a U.S. citizen or lawful permanent resident spouse or child and returning to his or her country, would impose exceptional hardship on either of them;
b) If the J-1 were to return to his or her country, he or she would be subject to persecution because of race, religion or political opinion;
c) A U.S. government agency requests a Waiver directly because the J-1 is engaged in a project of official interest to the agency;
d) The country of the J-1 writes directly to the Bureau of Consular Affairs stating that the J-1s country has no objection to a Waiver (if the J-1, however, came to the U.S. for graduate medical education or training, the J-1 would nonetheless be ineligible despite the no objection letter;
e) An interested Federal Agency, or a State Public Health Department or its equivalent sponsors a J-1 physician to work full time for three years as a physician in a geographic area designated as having a shortage of health care professionals. Waivers for the Department of Veterans Affairs are not limited to practice medicine in areas designed as having a shortage of health care services, but the J-1 physician must agree to begin employment with the V.A. within 90 days of the grant of the Waiver.
Contact us for assistance with your immigration case.
The international student or exchange visitor has some responsibilities to attend to before they can enter the United States to attend a Student and Exchange Visitor Information System (SEVIS) certified school or program.
For information visit the Student and Exchange Visitor Program (SEVP) website.
Financial Resources for Students
Contact us for assistance with your immigration case.
|
