Visa-Faq.com

how does j1 visa work

by Mr. Luciano Streich Published 3 years ago Updated 2 years ago
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J1 Visa Process

  • Find a J1 Sponsor. In order to be granted a J1 visa, you must have a sponsor. A sponsor provides you with an opportunity to enter the United States.
  • Complete Form DS-160. Form DS-160 is the Nonimmigrant Visa Application. ...
  • Interview with US Consulate or Embassy. Even after being approved by a sponsor, you are not guaranteed a J1 Visa. ...

J-1 exchange visitors come to the United States to teach, study, receive training, or demonstrate special skills. The J1 visa is meant for students who need practical training that is not available to them in their home country, and the training must be directly related to their academic program.

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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Is it really that easy to get a J1 visa?

The list provides plenty of scope for flexibility. J1 visas are also quite easy to get approved. The length of stay depends on the type of activity. Those pursuing academic study may get a visa for up to three years, while camp counselors will typically only get a 3-month stay. Extensions are also variable, depending on the category of visa. We ...

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.

How to apply for a J-1 visa?

How to Apply for a J1 Visa

  1. Find a J Sponsor. When applying for a J1 visa, you will need to find a designated sponsor to accept you into their program.
  2. Apply for the DS-2019. Once you have applied and been approved by a designated sponsor organization, the next step is to submit the DS-2019 Form, also known as ...
  3. Pay Your Fees. ...
  4. Interview with a U.S. ...

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How does the J-1 visa work?

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.

How long can you stay 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.

Can I stay in US after J-1 visa?

Grace Period: J-1 Visa Holders have a 30 day grace period after the end date on their DS-2019 Form. The Grace Period is a benefit of the J-1 status to allow J-1 visa holders time after their status to remain in the US. Grace Period time can be used: To travel domestically (within the United States)

Can you get paid on a J-1 visa?

J-1 visa holders can be paid. In fact, the treatment and compensation of all J-1 visa holders must be comparable to U.S. workers in similar positions. The program must also meet all federal, state, and local wage and labor laws.

Who qualifies for J-1 visa?

In order to qualify for a J-1 exchange visitor visa, you need to be coming to the U.S. as a student, scholar, trainee, intern, au pair, teacher, professor, research assistant, medical graduate, or international visitor.

Can J-1 visa apply for green card?

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.

Can I convert J1 visa to H1B?

To transfer your J1 visa to an H1B visa: You must obtain a job offer from a US employer before you can apply. You must go through the H1B visa application process.

Can I marry a U.S. citizen on a J1 visa?

A J-1 Visa holder marrying a U.S. citizen is not uncommon, but you will need to prove your bona fide marriage to United States Citizenship and Immigration Services (USCIS). One of the main reasons why you may need to change your J-1 status is to marry a United States citizen or permanent resident.

How long does J1 visa take after interview?

Please see “Administrative Processing” for further information. If you were advised at the interview that a waiver of ineligibility is required before the visa can be issued, you can expect your application to take up to 8 months to process from the date of the interview.

What jobs can you do on J-1?

The most common jobs are in resorts, restaurants, cafes, bars and amusement parks. Some J1ers choose to work in retails sales jobs in local shops as shift work can be the most flexible way to get a few days off at a time to do some travelling to nearby locations.

Can you change jobs on J1 visa?

It is possible to change employers during the 3 year J1 visa waiver period, so long as the following may need to be demonstrated to the satisfaction of the US Immigration Service: Extenuating circumstances based on hardship exist.

Can a J1 visa holder work for a non sponsor employer?

J-1 visa holders can work only for their program sponsors. However, in some situations, J-1 visa holders may work for non-sponsor employers provided they meet eligibility requirements, which vary depending on the applicable category.

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:

What is a J1?

The J1 allows foreign nationals to gain experience. You can work in a wide range of fields. The J1 provides an opportunity for foreign nationals to improve their English. You can also learn about American culture and learn relevant career skills.

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.

How long does it take to get a J1 visa?

J1 processing time depends on many factors. This includes which host organization is used, consulate processing times, and the time of year you apply. An immigration lawyer with knowledge about your specific situation can provide more information.

How many programs are there under the J1 visa?

There are 15 unique programs under the J1 visa.

Au Pair

The Au Pair category of the J-1 Exchange Visitor Program allows for childcare providers between the ages of 18 and 26 to work caring for a family’s children in exchange for room, board, and a stipend. The main priority of an au pair is to care for his or her charge (s), but he or she will also have free time to enjoy life in the US.

Camp Counselor

Through the Camp Counselor program, foreign post-secondary students and youth workers are able to work at American summer camps. In order to be eligible for these positions, applicants must:

College and University Student Program

This program allows foreign students to study at American colleges and universities. Students who participate in this program must pursue a full-time course of study and must maintain good academic standing.

Secondary School Student Program

Under this program, high school students are able to travel to the US and study at a public or private high school while staying with a host family or at a boarding school.

Government Visitor Program

Through this program, distinguished international visitors selected by a US federal, state, or local government agency visit the US to develop and strengthen professional and personal relationships with their American counterparts.

International Visitor Program

This category is for people-to-people programs meant to develop and strengthen professional and personal relationships between key foreign nationals and Americans and American institutions. Participants must be a recognized or potential leader in a field of specialized knowledge or skill. They are selected by the US Department of States.

Physician Program

This program allows foreign physicians to participate in US graduate medical education programs or training at US medical schools.

Why is it important to pick up a J-1 visa?

This is why it is advisable to pick up J-1 visa employment that will give you a learning experience and valuable skills in your field of study.

What is the purpose of J-1?

It is very important to note that the primary purpose of the J-1 program for an international student is to study . The opportunity to work is just to help you gain practical experience and supplement your finance. This is to ensure that your job does not affect your course work.

What is an AT visa?

Academic Training (AT) is another J-1 visa employment opportunity. It is a program designed to give international students practical experience in their field of study. The rules surrounding AT vary from school to school, so be sure to ask the program contact for your school.

Can a J-1 Student Work As Volunteer?

However, you must be sure you can distinguish between unpaid labor and volunteering. Volunteering in the U.S. as a foreign national can be complex and has requirements as laid down by the U.S. Department of Labor. Before you work as a volunteer, make sure you are aware of the regulations guiding the specific volunteering role you want to offer to avoid violating labor and immigration laws. Violating these regulations could result in penalties for you and the organization for unauthorized J-1 visa employment.

What is the form I-94?

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

Does USCIS issue EADs to J-1 exchange visitors?

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

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.

What is a J1 visa?

A J1 visa is a nonimmigrant visa for those who are traveling to the U.S. to participate in a work or study-based exchange visitor program. There are many different J1 visa categories that you could apply to, with some of the most common being research scholars, short-term scholars, students, professors/teachers, and physicians.

Can I get a job outside of my J1 program?

While in the U.S. on a J1 visa, you are required to work in your program’s category. You will not be able to work in any other job field outside your program. Those studying at a school or university may work on campus up to 20 hours per week if in pursuit of a fellowship, assistantship, or scholarship.

Can I apply for a green card at the end of my J1 visa?

The two-year foreign residence requirement states that after the J1 visa holder’s program ends, they must return to their home country and remain there for two years before being eligible to apply for another U.S. visa. If an exchange visitor is subject to this requirement, it will be noted on their DS-2019 form at the time of application. The only way to exempt yourself from this rule is to apply for a J1 waiver.

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.

How long does it take for a J-1 to arrive in the US?

The J-1 alien will have been present in the United States for at least 183 days, thus meeting the Substantial Presence Test for Year 1.

What form do you report wages on for a J-1?

Wages paid to a J-1 alien are reported on Form 941, Employer's Quarterly Federal Tax Return, and Form W-2, Wage and Tax Statement, in the usual manner. However, if the J-1 alien is claiming treaty benefits with respect to wages, as a resident of a country with which the United States has an income tax treaty in force, such wages are reported on Form 1042, Annual Withholding Tax Return for U.S. Source Income of Foreign Persons, and Form 1042-S, Foreign Person's U.S. Source Income Subject to Withholding.

What happens if a J-1 alien meets the substance test?

If a J-1 alien meets the Substantial Presence Test, he or she should be aware of the rules for determining the official starting and ending date of their period of residency in the United States. For details on these rules, refer to Residency Starting and Ending Dates.

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 ...

Finding a Sponsoring Agent

The first step in the application process is to find a sponsoring agency. Although immigration laws use the term agency, it includes any businesses, educational institutions or medical facilities that have applied to participate in the program. Once you find a sponsoring agency, you will need to obtain acceptance from the agency to sponsor you.

The J-1 Visa Process

After you find a sponsoring agency, they will usually provide you with the necessary forms and a list of documents required to complete your application for a J-1 visa. After completing the application, you submit the forms, supporting documents, and pay any appropriate processing fee through the consulate or embassy in your country.

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