Visa-Faq.com

can j-1 visa holders work in the us

by Ayana Osinski Published 3 years ago Updated 2 years ago
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Can You Work in the US with a J-1 Visa? Yes, you can! J-1 students are permitted to work while studying, as long as they obtain work authorization. There are certain restrictions, such as only working part time on campus for a maximum of 20 hours per week. Students are permitted to work full time during academic breaks.

Can You Work in the US with a J-1 Visa? Yes, you can! J-1 students are permitted to work while studying, as long as they obtain work authorization. There are certain restrictions, such as only working part time on campus for a maximum of 20 hours per week.

Full Answer

What are the necessary steps to obtain a J1 visa?

Your application must include the following documents:

  • Form DS-3035 (with the barcode);
  • Copies of every Form DS-2019/IAP 566 that you have received incident to your J-1 status;
  • Two self-addressed, stamped legal-size envelopes;
  • The application fee ($120 at the time of this writing, plus an additional $930 if you are also required to file Form I-612.) The application fee must be submitted by ...

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Can an employer revoke a J1 visa?

Yes, in case your employer is your J1 visa sponsor as well, he can revoke your J1 visa. However, if your employer is not your sponsor, then you can request your sponsoring agency to intervene, even if the employer doesn’t wish to continue your J1 status. I am sure you’ll find a way. All the best!

What are the requirements for the J1 visa?

  • You have a no-objection statement from your country.
  • You have a request for work by an interested US federal government agency.
  • You may be persecuted if you go back to your country.
  • Your US citizen spouse and children may suffer exceptional hardship if you go back.
  • You have a request to stay from the Conrad State 30 Program.

Can I travel outside the US on a J1 visa?

While you are studying at IUPUI you may want to travel outside the United States: But, before you pack your luggage, there are some steps you need to take to protect your J-1 status. Before you leave the country, make sure you have a valid travel signature from an OIA advisor or your program sponsor on your DS-2019.

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Can a J-1 visa holder work for a non sponsor employer?

J-1 research scholars are eligible to work for a non-sponsor employer in a closely related research program for a maximum duration of six months provided that the program has been approved (written authorization required) by the original sponsor.

Can J-1 visa work anywhere?

J-1 visa holders who are authorized to work based on the program with which they entered the U.S. do not need to secure additional employment authorization documents. However, while their J-1 visas will permit them to work through their programs, any position that they take must be approved by their programs.

How can I work in USA after J-1?

If approved, you'll only be able to start working on October 1st....The eligibility requirements will be the following:Have completed a Bachelor's Degree.Have a university degree obtained abroad that is equivalent to the university degree of bachelor or postgraduate in the United States in the occupation of specialty.More items...

Can you get a work visa after J-1 visa?

J1 waiver: your current status Where your J1 visa has a two-year home residency requirement, you must return to your home country at the end of your period of J1 status and reside there for two years before you can apply for any further work-based US visa.

How can I change my J-1 Visa to H1B?

How to Apply for a J1 to H1B Change of StatusFind an H1B Sponsor. Your H1B visa is dependent on a job offer from an employer who is willing to be your sponsor. ... Employer Submits Labor Conditions Approval (LCA) ... Employer Submits Form I-129. ... Applicant Completes Application at a US Embassy or Consulate.

What is J-1 Visa rules?

In order to be eligible, participants must be between the ages of 15 and 18.5 by the first day of school. They must not have completed more than 11 years of primary and secondary school (excluding kindergarten), and they must not have previously participated in a secondary school exchange program in the US.

Which is better J-1 or h1b?

The H-1B visa offers the following advantages over a J-1 visa: H-1B status lasts for three years and can be extended for three more years. If you remain in the U.S. and work for the entire six years, you will be eligible to apply for a green card. The H-1B visa allows you to stay in the U.S. for longer than a J-1 visa.

Can you go from J-1 to green card?

Is it Possible to Transfer from J1 to Green Card Status in the U.S.? Yes, transitioning from a J1 visa to green card status is possible, but not all J1 visa holders will be eligible for a green card. There are a number of problems with attempting to transition from a J1 to a green card.

Can a J-1 apply for green card?

J-1 Waiver to Green Card Process. Technically, J-1 visa holders are not eligible for the U.S. green card. In order to obtain a J-1 visa, you need to demonstrate that you have ties to your home country (such as family or assets) and that you fully intend to return once your J-1 stint has ended.

How can I change my J-1 visa to b2?

In order to change your J-1 status to B-1 or B-2 status (Visitor for Business or Pleasure), you have to file Form I-539, Application to Extend/Change Nonimmigrant Status, and submit all necessary documents.

How long can I stay in the US with a J-1 visa?

Length of Time Business and Industrial Trainees Can Stay in the U.S. on a J-1 Visa. Business and industrial trainees may be issued J-1 visas for a maximum of 18 months. (See 22 C.F.R. § 62.22(k).)

What is Shorelight student?

Shorelight provides a variety of international student resources and visa services to help you understand everything you need to know about how to study in the US, researching your university options, degree options, preparing for your visa interviews, and more .

What are the different types of student visas?

The most common types of student visas are a F-1 visa and a J-1 visa. F-1 and J-1 visas are necessary for different types of programs and have different conditions, requirements, and benefits. This is why it is important to understand each type of US student visa in detail before you apply to study in the US.

What is the DS 2019 form?

After applying to a sponsor and getting accepted to the program, you will need to submit the DS-2019 form, as this is your Certificate of Eligibility to apply for J-1 status. The form is issued by your designated sponsor and if you have any dependents, you will receive a different version of the DS-2019 form — so remember to make sure you have received the correct form.

What is the form for J-1 student visa?

Certificates of eligibility —When applying for a J-1 student visa, students are required to submit Form DS-2019. This form outlines program details and other important information, including a cost breakdown, start and end dates for your program, and options for financial support. F-1 students are required to submit an I-20 form, which contains the same information.

How to get an interview for a US visa?

For your application to be accepted, you will be interviewed by a consular officer at your local US Embassy or Consulate. You should schedule your appointment as early as you can, as waiting times can vary depending on your country. If you have dependents, you can also schedule an appointment for them to accompany you for your interview.

How much of your funding must be provided by an accredited sponsor?

Maintain your funding source —At least 50% of the funding for your program must be provided by an accredited sponsor that is not a personal friend or family member.

How long do you have to live in your home country to get a residency?

Meet home residency requirements —Upon completion of your program, you must return to your home country and live there for at least two years.

What are the documents and conditions to obtain this visa?

Applicants will need a sponsor in the J1 visa application process. Sponsors select eligible participants for each category based on the program-specific criteria. Additionally, applicants must be fluent in English and have insurance. Program information is provided to participants by sponsors. Sponsors will also assess participants’ progress during the program.

How to apply for this visa?

Applicants for this visa need a sponsor. If you want to participate in J-1 visa programs, you must first contact a designated sponsor. On the official website of the US Department of State, you can find the sponsors’ addresses and locations. Sponsors have various tasks. In the following, we will explain their responsibilities in different categories.

What are the US J1 visa interview questions?

As part of the pre-visa process, applicants must attend an interview at the US Consulate or Embassy in their home country. The waiting time for the interview is different for each applicant. Therefore, an early visa application is strongly encouraged.

How much does it cost to obtain a USA J1 visa?

The application fee for a US J1 visa, like other non-US immigrant visas, is $ 160. If your sponsor is a US government agency, you will be exempt from paying this fee. When you are selected in the exchange visitor program, the sponsor will issue a DS-2019 form. In that case, you must pay the SEVIS I-901 fee to the Department of Homeland Security. Your sponsor can provide you with details on all payments. You must bring all the payment receipts with you on the day of the interview.

How long does it take to assess documents and issue a US J1 visa?

The waiting time of the interview and processing time for an Exchange Visitor Visa visa varies depending on the country of applicants and the individual circumstances. Therefore, it is recommended that you take action as soon as possible to prevent problems.

How long is a US J1 visa valid?

Whenever a visa expires, people cannot stay in the US for longer. When the US J1 visa expires, the US government gives the visa holder 30 days to return home. If people want to return to the US under this visa, they must stay in their home country for at least two years and then apply again. This is a Two-Year Home Residency.

How can the USA J1 visa be extended?

Holders of a US J1 visa can extend their stay in the US. Sponsors decide whether the applicant can stay longer than the allowable date for the category. Participants can also request for more than the allowed period for their category. The sponsor must apply to the US Department of State and pay $ 367. This fee is non-refundable. This fee is non-refundable. The sponsor must explain why the participant wants to extend their stay in the US.

How many hours of work can you do in a practical training program?

20 hours of employment must not be exceeded, during school breaks and vacation. College students or graduate students are eligible for a practical training program. This extends up to 18 months for master’s and bachelor’s students and 36 months for doctoral students.

What is on campus employment?

On-campus employment is available for students who have pursued scholarship, fellowship or assistantship. Off-campus employment is allowed for students as a part of summer work/travel exchange program.

Can a J1 visa holder work for a sponsor?

As per the USCIS regulations, the J1-visa holder can work only for the sponsor employer. However, in some cases, if the individual meets the eligibility criteria for the category for which they are applying, then they are allowed to work for a non-sponsor employer.

Do I need to get approval for a practical training program?

There is no need for approval from the DOS or the USCIS for a practical training program. Students who are applying for a practical training program must submit an approval letter from an exchange program officer, passport, completed IAP-66, and I-94 forms.

What is DS 160?

Form DS-160 is the Nonimmigrant Visa Application. This document is required for anyone seeking a nonimmigrant classification, such as the J1 Visa.

What is DS-2019?

The DS-2019 requires your biographic, exchange program, and financial information. This form is issued through the Student and Exchange Visitor Program (SEVIS). It enables the US Citizenship and Immigration Services (USCIS), US Immigrations and Customs Enforcement (ICE), and US Customs and Border Protection (CBP) to monitor your immigration status. This document is used to prove you have a sponsor and enables you to schedule a visa appointment with the consulate.

What do you need to show for a J1 visa?

All J1 and J2 visa applicants must show that they intend to return to their home country. Evidence to demonstrate nonimmigrant intent can include property deeds, mortgages, lease agreements, documentation of continued enrollment in school, documentation of future employment offers, or other indications of family or community ties.

How long do you have to stay in the US after J1?

Some J1 participants and their dependents are required to return to their home country for two years after completing their program. Both the participant and their dependents may be subject to this requirement. Additionally, those seeking new visa status may be subject to this requirement. Please note that you can ask for a waiver of this two-year requirement. Here, significant negative impact can be demonstrated. Alternatively, you can show that you would face persecution as a result of this requirement. An immigration lawyer can help you determine if you are subject to the two-year home residence requirement and/or qualify for a waiver.

What does a sponsor do?

A sponsor approves a program and oversees the foreign national working in the position. A sponsor often does not work directly with the foreign national. Oftentimes, a host organization or other third party does this. However, the sponsor is accountable for the third party and assuring the program’s success. Some of the duties of the sponsor include ensuring that the position satisfies all conditions for the J1 visa program, hiring foreign nationals, ensuring that both the program and the J1 visa holder uphold their responsibilities for the program, and updating the Student and Exchange Visitor Program (SEVIS) if there are any changes in the program.

What is a J1 visa?

The J1 visa is a great option for people who want to visit the United States. This visa allows you to gain experience by receiving on-the-job training, teaching, or conducting research. The J1 visa allows foreign nationals to visit the United States to participate in programs performing as:

How long can a camp counselor work?

People in this category are not eligible to work as staff; such as, office workers, cooks, or janitors. The maximum length for this program is four months.

What is the form I-94?

Form I-94 indicating J-1 nonimmigrant status and Form DS-2019 with the responsible officer’s endorsement.

Who administers exchange visitor programs?

The Department of State (DOS) administers exchange visitor programs and designates the sponsors. Responsible officers within the program issue Form DS-2019, Certificate of Eligibility for Exchange Visitor (J-1) Status. Exchange visitors come to the United States for a specific period of time to participate in a particular program or activity, as described on their Form DS-2019. Only J-1 exchange visitors may use this form when employment is part of their program. Currently, DOS designates public and private entities to act as exchange sponsors for the following programs.

Can dependents of J-1 exchange visitors work?

Dependents of a J-1 exchange visitor are classified as J-2 nonimmigrants and are only authorized to work if we have issued an EAD to them. A J-2 nonimmigrant’s foreign passport and Form I-94 are not evidence of identity and employment authorization for Form I-9 purposes.

Does USCIS issue EADs to J-1 exchange visitors?

USCIS does not issue EADs to J-1 exchange visitors.

Can exchange visitors extend their status?

Some exchange visitors may extend their status. If you have questions about any exchange visitor’s continued employment authorization, contact the responsible officer whose name and telephone number are on the employee’s Form DS-2019.

How many categories of people are eligible for a J1 visa?

There are 14 different categories of people who are eligible to apply for a J1 visa. J1 visas are only granted to people who have an authorized sponsoring agency (a U.S. employer, school, or a government institution).

What is a J2 Visa?

A J2 visa is given to someone who is dependent on a J1 visa holder (like a spouse or dependent children) and who needs to travel with the J1 visa holder to the U.S. Not all J1 visa categories and programs allow for dependents to join them on a J2 visa, so eligibility will largely depend on the J1 visa holder’s purpose for being in the U.S. The validity of a J2 visa and/or renewal is dependent on the J1 visa. A J2 visa will only be valid for as long as the original J1 visa is in place.

How long is a J2 EAD valid?

Dependency on J1 Status: Your J2 EAD will be valid as long as your J1 spouse’s visa is valid or until the EAD expires (which ever happens first). An EAD extension is possible if your J1 spouse maintains their J1 status.

How many hours can a J1 student work?

J1 students living and studying in the U.S. are allowed to work for 20 hours per week on campus and only within the field of their studies. They do not need a J1 visa EAD to be employed on campus, they only need written consent from their RO (Responsible Officer). In rare circumstances, a J1 student will be allowed to work off campus ...

How many categories are there in the J1 visa group?

There are two categories in the J1 visa group:

Can a J1 visa be extended?

Credentialed professors, researchers, and specialists are allowed to get a J1 visa on the basis of the mutual exchange of knowledge and expertise in their dedicated fields. Professors and researchers’ stay can be extended for up to five years. Specialists typically only get a year to be in the U.S.

Can I work on campus with my J1 spouse?

You will obviously not be eligible for jobs that are only reserved for U.S. citizens, but you can work anywhere else. Even on the campus where your J1 spouse is working. Social Security Number: You can now apply for a Social Security Number (SSN). You need to present your valid passport, visa, form I-94, Form DS-2019 ...

What is a J-1 visitor?

The J-1 classification (exchange visitors) is authorized for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.

Who is responsible for DS-2019?

An official who is authorized to issue Form DS-2019 is known as a responsible officer (RO) or alternate responsible officer (ARO). Your RO or ARO will explain to you what documents are needed in order to be issued a DS-2019.

What are the tax rules for nonresident aliens?

For tax purposes, there are two types of aliens: resident and nonresident aliens. Resident aliens are taxed in the same manner as U.S. citizens on their worldwide income, and nonresident aliens (with certain narrowly defined exceptions) are taxed only on income which is derived from sources within the United States and/or income that is effectively connected with a U.S. trade or business.

What to do if Social Security tax is withheld?

What to do if the tax is withheld: If a J-1 alien falls into the category of employees who are exempt from Social Security and Medicare tax, he or she may discuss with his or her employer to stop withholding and refund amounts that were already withheld. Employees that are unable to obtain a refund from their employer may file Form 843, Claim for Refund and Request for Abatement and Form 8316, Information Regarding Request for Refund of Social Security Tax Erroneously Withheld on Wages Received by a Nonresident Alien on an F, J, or M Type Visa PDF, to obtain a refund.

What is dual status alien?

A dual-status alien is an individual who changes residency status during the tax year from nonresident alien to resident alien or resident alien to nonresident alien. J-1 aliens who are “dual-status aliens” must file a special income tax return. For more information, refer to Taxation of Dual-Status Aliens.

What is a J-1 visa?

The J-1 visa status permits a qualified nonimmigrant alien, i.e., an alien who is not a lawful permanent resident (also known as a “green card holder”), to temporarily reside in the United States to teach, study, observe, conduct research, consult, demonstrate special skills or receive on-the-job training for periods ranging from a few weeks to several years at colleges and universities, hospitals, research institutions, as well as the private sector.

What is a student visa?

The term “student” refers to any alien individual (and that individual’s immediate family) who is admitted temporarily to the United States on an “F” or “M” visa or as a student on a "J” or "Q" visa, and who substantially complies with the requirements of that visa. The term “teacher or trainee” refers to any individual ...

What is an exempt individual?

The term “exempt individual” does not refer to someone exempt from U.S. tax but rather to a certain category of individual whose days of physical presence in the United States do not count for purposes of the Substantial Presence Test. Included within this category are students, teachers, and trainees.

How long is the substantive presence test?

The Substantial Presence Test is a mechanical test based on counting a nonimmigrant alien’s days of physical presence in the United States under a 3-year “look-back” formula. For purposes of this 183-day test, any part of a day that a nonimmigrant alien is physically present in the United States is counted as a day of presence. There are exceptions to this rule where certain days of physical presence in the United States do not count, including days a nonimmigrant alien is considered an “exempt individual.” Generally, a J-1 alien who spends 122 days in the United States in each year of the 3-year period will meet the Substantial Presence Test for the current calendar year and be considered a U.S. resident. For details on the 3-year look-back formula refer to Substantial Presence Test.

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