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Overview : J-1 Visas (Part I)
[See also,
J-1 Exchange Visitor
Overview : (Part 2)]
Posted
Dec 21, 2001
Continuing with our Overview on visa categories for the benefit of our MurthyBulletin
and MurthyDotCom readers, we turn to the 'J-1' visa, a complex category
with many different aspects. In Part I of our Overview, we discuss the
general definition and procedural aspects. In subsequent MurthyBulletins,
we will follow up with issues related to J-1 visas in more depth. These
issues include those relevant to J-1 Medical Doctors, the two-year home
residency requirement and waivers of that requirement.
The J-1 program was established to "increase
mutual understanding between the people of the United States and the people
of other countries by means of educational and cultural exchanges.
Educational and cultural exchanges assist [the U.S. Department of State] in
furthering the foreign policy objectives of the United States."
General Definitions :
The J-1 visa is a nonimmigrant status for an exchange visitor wishing to
stay temporarily in the U.S. Within the J-1 category, there are a number of
different programs. These include: Trainee, student, professor or research
scholar, short-term scholar, non-academic specialist, foreign physician,
international visitor, teacher, government visitor, camp counselor, au pair,
and summer student in travel / work program.
The foreign visitor must be entering the U.S. to take part in an exchange
visitor program that has been designated by the U.S. Department of State
(DOS).
There is a requirement that the ‘J-1’ applicant be fluent in English and
maintain sufficient funds and adequate medical insurance.
General Procedures :
The applicant needs to obtain the Certificate of Eligibility for Exchange
Visitor, Form IAP-66, from the program sponsor. On admission to the U.S.,
the applicant will receive a Form I-94 that is marked for ‘Duration of
Status’ (D/S). The program sponsor, not the INS, has the responsibility to
ensure that the ‘J-1’ holder maintains a valid Form IAP-66.
‘Duration of Status’ is defined as the completion of the J program plus
30 days. The total length of time that a ‘J-1’ holder is permitted to
stay in the U.S. depends on the exchange visitor program. These durational
requirements are set forth below:
Post-Secondary Student :
length of stay is time needed to complete the degree plus 18 months
practical training
Post-Doctoral Degree : length of stay is the degree plus 36 months practical
training
Business / Industrial Trainees : length of stay is 18 months
Professors / Scholars : length of stay is 3 years maximum. Extension of 3
years only in exceptional or unusual circumstances
Short-term Scholars : length of stay is 4 months
Flight School Trainees : length of stay is 24 months
Summer Work / Travel : length of stay is 4 months
A ‘J-1’ holder must extend status by completing Form IAP-66 through a
responsible representative of the program. INS Form I-539 is not required.
Certain J-1 holders are
subject to the two-year home residency requirement (HRR), which will be
discussed in future Parts to this MurthyBulletin Overview. If one is subject
to the HRR, s/he must return to the home country for two years before being
eligible to return to the U.S. The exception to this would be a case in
which one is eligible for and obtains approval of a waiver of the two-year
home residency requirement. A person in J-1 status, if subject to the
two-year HRR, is not eligible to change or adjust his/her status from within
the U.S. (other than to A or G status) until the two-year requirement is met
or waived. Such a person may obtain approval in the O-1 category but will
have to apply for the O-1 visa at a consulate outside the U.S. Included in
the category of individuals who are subject to the home-residency
requirements are medical doctors. [See our Oct. 26, 2001 NewsBrief entitled,
J-1 Medical Doctor Waiver Approvals for
additional information.] We will discuss the rather complex issue of waivers
in greater detail in a later issue of the MurthyBulletin.
Look for elaboration on these issues in future MurthyBulletins and on
MurthyDotCom.
[See also,
J-1 Exchange Visitor
Overview :
(Part 2)]
©
The
Law Office of Sheela Murthy, P.C.
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