J visas

The J-1 visa category is used by foreign students, scholars, experts, medical interns and residents, "international visitors," and industrial and business trainees to enter the U.S. as exchange visitors in U.S. government-approved Exchange-Visitor Programs. The purpose of the individual's entry is to gain experience, study, or perform research in the individual's respective field and to take newly gained skills back to his/her home country. The U.S. sponsoring employer must obtain approval for work authorization through an Exchange-Visitor Program designated by the U.S. Department of State (DOS), which oversees and approves all such programs. Employers can either use their own existing program, bring in J visa holders through another organization's program provided that the eligibility requirements are met, or establish their own J-1 program by applying through the DOS.

The permissible length of stay that a J-1 can remain in the U.S. is determined by the exchange category in which he/she is admitted to the U.S.  For example, college and university students may be admitted for the anticipated length of their academic program and students in degree programs below the doctoral level may also engage in 18 months of training after completion.  Post-doctoral training is permissible for a period of 36 months after completing the degree.  Research scholars can be admitted for a three-year period with a possible six-month extension if warranted to permit the alien to complete a specified project or research activity.

There is a special provision that attaches to certain J-1 exchange visitors that is not applicable to the F-1 classification. That provision is a two-year home country requirement due to admission as a J-1 nonimmigrant.  This is imposed on some categories of exchange aliens once their U.S. stay is completed.  Any J-1 exchange visitor subject to the home country requirement is ineligible for Permanent Residence or nonimmigrant visas in the H or L category until he or she spends two years--after completion of stay--in his/her home country or country of last residence.  Some waivers of the requirements are available in special cases. 

Determining who is subject to the home country requirement and how to obtain a waiver of such a requirement is a complex subject.  The possibility of a two-year home country requirement, however, should be considered before this possible avenue of employment is utilized or when an individual holding J-1 classification applies for a position with your company.  Usually persons are subject to the requirement because of a skills list for their home country or due to the receipt of government funding for their J-1 activities.  The skills list sets forth skills which are deemed to be in short supply in the home country.  The rationale for imposing the home country requirement for skills list individuals is the individual will receive specialized training and knowledge from the U.S. and bring that training and knowledge back home.  In general, industrialized countries do not have skills lists.

The J-1 nonimmigrant is authorized to work incident to his or her status for either the exchange visitor program sponsor or appropriate designee and only for employment that is within the guidelines of the program as approved by the DOS.  If an employer has not participated in the alien's sponsorship for J status, either through its own program or through a program permitting employment with other employers, the employer cannot employ an alien in J status who applies for work without taking steps to change the alien's status (i.e., to H-1B) except in some limited circumstances.  The exceptions are: (1) J-1 aliens who are research scholars; (2) J-1 students who are in practical training; and (3) J-1 Students who demonstrate economic necessity.

J-1 aliens who are participating in a program for research scholars at a U.S. university and who want to engage in post-doctoral research with the employer through the university's exchange program, may be employed by an employer that has not been previously involved with the alien's J status.  Either the exchange visitor or the university may approach the employer to seek job placement for research purposes.  Such employment is permissible under the terms of some university programs if approved by the university.  This approval is not explicit in the regulations.  In order to employ a J-1 research scholar, the employer should be presented with written authorization from the responsible officer of the exchange visitor program permitting employment and specifying its terms and duration.  A copy of the Form DS-2019 (formerly IAP-66) must also be provided.  If the letter from the program sponsor does not specify sufficient authorization, the program sponsor should be contacted to verify that the work is permitted.

For a full list of Visas available to Foreign Nationals please click here.