J-1 Visa
- Details
-
Published: Thursday, 24 January 2013 10:52
The J visa program is actually an "exchange program" and not necessarily a student-based program. However, by far, students seeking their medical degrees in the United States are the most frequent users of the visa. The J visa is preferred over the F by some students since the spouse of the J-1 is allowed to work in the United States (albeit in a limited capacity). Conversely, the J visa is disfavored by many students due to the foreign residency requirements imposed on certain J-1 visa-holders. You may enter the U.S. in J-1 status if you are going to participate in a USIA program as a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge or skill. Foreign medical graduates seeking further training in the U.S. may only do so via the J-1.
- Basic Requirements
- Participants must have sufficient funds to cover all expenses or must have a sponsoring organization that will provide full support;
- Participants must have the required education for the particular program they are entering;
- Participants must have a good understanding of the English language, or must be entering a program for non-English speakers;
- Application Requirements for the J-1 Visa
- Applicants should apply at the U.S. Embassy or Consulate where they reside and bring:
- Form OF-156, completed and signed;
- A passport with a validity date of at least six months from the end of the intended stay;
- One photograph 1.5 inches square;
- Completed form IAP-66;
- Demonstrable ties to a residence in a foreign country; and
- Promise/statement that they are coming to the United States for a temporary period.
- Visas for your Dependents - the J-2
- Your spouses and minor children may apply;
- They must present your form IAP-66 as well as other basic documentation;
- They must demonstrate sufficient financial resources to support themselves while in the United States.
- Employment While in the United States as a J-1
- Employment options are dictated by the nature of your particular program.
- You may accept employment if your program involves paid employment like on-the-job training, teaching, research or other such activities.
- If your program does not inherently involve paid employment then you may not accept outside employment.
- Employment of Your J-2 in the United States
- Your J-2 dependents may work in the United States for either the duration of your J-1 or four years - whichever is shorter;
- The work authorization is valid only if the J-1 is maintaining status;
- Application for work authorization may be made by using the form I-765 and submitting the appropriate fees; and
- The J-2's income may not be used to support the J-1.
- Additional Requirements for Medical Education Participants
- Additional requirements for persons entering the program for graduate medical education or training include:
- Must have passed the FMGEMS;
- Must have demonstrated competency in English;
- Subject to limits on duration of program; and
- Subject to two year foreign residence requirement.
- Exception to two year foreign residence requirement for physicians coming to the U.S. for observation, research, teaching and consultation where there is minimal or no patient care.
- The Foreign Residency Requirement
- The foreign residency requirement applies to you if:
- Your program was financed by your government;
- Your program was financed by the U.S. government; or
- Your country has been designated by the USIA as requiring your particular skills.
- If the requirement does apply to you then you must:
- Return to your country of nationality or last residence;
- Reside there for two years.
- Only when these requirements have been satisfied may you apply for a temporary worker visa or permanent residence.
- The only way to avoid the foreign residence requirement is by obtaining a waiver.
- You May Be Eligible for a Waiver If:
- Departure form the U.S. would impose exceptional hardship upon your spouse or child;
- Return to the country of nationality/last residence would subject you to persecution;
- Your admission to the U.S. is in the public interest according to the Attorney General; or
- A no-objection statement from the home country (FMGs subject to additional requirements).
|