The J Visa Category – Exchange Visitors

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Anyone wishing to take up prearranged employment, training or research in the United States under an officially approved program sponsored by an educational or other nonprofit institution requires an exchange visitor (J-1) visa. Persons covered by these programs include post graduate students, foreign medical graduates seeking to pursue graduate medical education or training, foreign scholars sponsored by universities as temporary faculty, and some business trainees. In addition, there are several exchange visitor programs for young people, including summer employment programs, intern programs for university students, and au-pair programs.

The holder of an exchange visitor J-1 visa may enter the United States up to 30 days before the designated start date on the DS-2019, the form issued by the sponsoring J-1 program. A person in J-1 status may remain for up to 30 days after the completion date on the DS-2019. For certain J-1 programs it is possible to obtain an extension of stay, change to a different nonimmigrant visa classification or apply for permanent resident status, if otherwise qualified.

However, certain J-1 programs require that the former J-1 visitor reside in the country of his/her nationality or last residence for at least 2 years following the termination of exchange visitor status before an immigrant, fiancé(e), temporary worker or intracompany transferee visa or change of status can be granted. These programs include those involved in government-funded exchange programs, those who pursued graduate medical education or training, and those whose countries have placed their academic fields on a “skills list”. This mandatory two-year home-country stay, which applies to J-2 dependents as well, can be waived under the following conditions:

• No objection statement (NOS) issued by the government of the home country of the J visa holders.
• Exceptional Hardship: If a J-1 holder can demonstrate that his or her departure would cause exceptional hardship to his or her U.S. citizen or legal permanent resident dependents.
• Persecution: If a J-1 holder can demonstrate that he or she can be persecuted in his or her home country.
• Interested Government Agency: A waiver issued for a J-1 holder by a U.S. Federal Government agency that has determined that such person is working on a project for or of its interest and the person’s departure will be detrimental to its interest.
• Conrad Program: A waiver issued for a foreign medical graduate who has an offer of full-time employment at a health care facility in a designated health care professional shortage area or at a health care facility which serves patients from such a designated area.

Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his or her stay qualify for derivative J-2 visas. There are also provisions for “significant others” to obtain extended B-2 visitor status. A J-2visa holder may study in the United States and J-2 spouses may apply for employment authorization in order to pursue their career goals (e.g.: not solely for financial support).

Medical doctors or foreign medical school graduates coming to perform services as a member of the medical profession or to receive graduate medical education in the United States usually are required to pass the National Board of Medical Examiners (NBME) Parts I and II, or an examination determined to be equivalent. Also, as mentioned previously, foreign medical graduates coming for graduate medical training in J-1 status (but not H-1 status) are subject to the 2 year residency requirement or must qualify for a waiver.