Full Answer
What is the purpose of J-1 visa?
Information Agency (USIA) to strengthen relations between the US and other countries. It fell under the purview of the USIA and not the Immigration and Naturalization Service because its main purpose is to disseminate information; its goal is to give people training and experience in the U.S. that they can use to benefit their home countries. These exchanges have assisted the Department of State in furthering the foreign policy objectives of the United States.
How many J-1 visas were issued in 2019?
All applicants must meet eligibility criteria, English language requirements, and be sponsored either by a university, private sector or government program. 353,300 J-1 visas were issued in 2019.
What is a Conrad program?
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.
What is a J-1 waiver?
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.
What is NOS in visa?
No objection statement ( NOS) issued by the government of the home country of the J visa holders.
What are the J-1 categories?
J-1 categories. Different categories exist within the J-1 program, each defining the purpose or type of exchange. While most J-1 categories are explicitly named in the federal regulations governing the J-1 program, others have been inferred from the regulatory language. Private sector programs:
How did the J-1 program help the Department of State?
These exchanges have assisted the Department of State in furthering the foreign policy objectives of the United States. The J-1 Program started by bringing scholars into the United States temporarily for a specific educational objective, such as teaching and conducting research.
What is a J1 visa?
The J-1 visa in the United States is for people who wish to take part in work-and-study-based exchange and visitor programs in the U.S. These programs are sponsored by an educational or other nonprofit institution, which must be accredited through the Exchange Visitor Program designated by the U.S. State Department. 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.
How many hours of childcare do you need to be an au pair?
While working in the US, the au pair must provide no more than 10 hours of childcare services a day, with a maximum of 45 hours per week. He or she must also complete at least six hours of academic credit at a US post-secondary educational institution.
What is an 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.
How old do you have to be to be an au pair?
Other prerequisites include: 18-26 years of age.
How much do host families pay for au pair?
The host family is required to pay up to $500 towards the au pair’s required academic coursework. The host family is also expected to provide the au pair with private room and board (three meals a day) and compensation for childcare work. This compensation must be in accordance with the Fair Labor Standards Act.
What is distinguished international visitor?
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. They are engages in observation tours, discussions, consultations, professional meetings, conferences, workshops, travel, and training.
What is a foreign 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. They might also participate in a student internship program that fulfills educational objectives of their degree programs in their home countries.
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.
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.
What is a vocational high school curriculum?
A vocational or other nonacademic high school curriculum, for the minimum number of hours the school requires for normal progress toward graduation.
What is an F-1 visa?
An F-1 visa is a great option for individuals who want to study in an accredited program that has a specific educational objective. It is also important to note that F-1 visa holders have more opportunities and flexibility to work under certain requirements and limitations.
What is the sponsoring organization form?
Upon approval, your sponsoring organization gives you a form called the DS-2019. You will need this form to apply for the visa.
What is a post secondary school?
A post-secondary vocational or other business school (not a language school) that gives associate or other degrees. The curriculum must consist of at least 12 hours weekly (or its equivalent) or give credits that are accepted unconditionally by at least three institutions of higher learning.
How long before I can get an F-1 visa?
The earlier you begin the process, the smoother the process will be. With an F-1 visa you can only enter the U.S. 30 days before the program start date listed on the I-20.
What schools are covered by the F-1 visa?
The types of schools covered by the F-1 visa include the following: Universities or Colleges with programs of at least 12 hours per semester where the student is charged full-time tuition. Private Elementary or Middle School. Public or Private academic High School.
How many hours of schooling is required for a community college?
A community college or junior college offering vocational training and consisting of at least 12 semester or quarter hours of instruction per academic term. It is allowed to complete fewer hours if during the last term you need fewer hours to finish your chosen program.
What is 212 E?
In addition, countries and their governments have a 212 (e) skills list (known as the Exchange Visitor Skills List) which can help stem economic growth in their countries. These skills determine whether or not a foreign national will be subject to the “Two Year Rule” under the J Intern and Trainee category.
Why is a foreign national subject to 2 year rule as a J-1?
This act was created to increase the mutual understanding of countries through participation of cultural exchange and educational programs. Countries and their government funding their nationals ...
Can a foreign national apply for a two year rule waiver?
Foreign nationals interest in returning earlier than the two years in a different visa category can apply for a two year rule waiver. There are only five reasons in which a foreign national can apply for a waiver. This includes; No Objection Statement. Request by an Interested U.S. Federal Government Agency.
Exchange Visitors
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.
Application Process
The U.S. Department of State plays the primary role in administering the J-1 exchange visitor program, so the first step in obtaining a J-1 visa is to submit a Form DS-2019, Certificate of Eligibility for Exchange Visitor Status, (formerly known as an IAP-66). Your sponsoring agency will provide you this form.
Employment
Some J-1 nonimmigrants enter the United States specifically to work while others do not. Employment is authorized for J-1 nonimmigrants only under the terms of the exchange program. Please check with your sponsoring agency for more information on any restrictions that may apply to you working in the United States.
Family of J-1 Visa Holders
Your spouse and unmarried children under 21 years of age, regardless of nationality, are entitled to J-2 classification. Your spouse and children are entitled to employment authorization; however, their income may not be used to support you.
Overview
A J-1 visa is a non-immigrant visa issued by the United States to research scholars, professors and exchange visitors participating in programs that promote cultural exchange, especially to obtain medical or business training within the U.S. All applicants must meet eligibility criteria, English language requirements, and be sponsored either by a university, private sector or govern…
Duration of status
J-1 visitors may remain in the United States until the end of their exchange program, as specified on form DS-2019. Once a J-1 visitor's program ends, he or she may remain in the United States for an additional 30 days, often referred to as a "grace period", in order to prepare for departure from the country.
• The actual J-1 visa certificate does not specifically document this 30-day post-study/exam "grac…
Mandatory home residence requirement
Many persons in the United States on J-1 visa are subject to the two-year home residency requirement found in Section 212(e) of the Immigration and Nationality Act. Under the Section 212(e), before a person on a J-1 visa with the two-year home residency requirement can obtain H, K, or L visas, obtain U.S. permanent resident status, or change nonimmigrant status inside the US, the J-1 person must either return to the country of last residence for two years or obtain a w…
Reporting requirements
J-1 visa sponsors are required to monitor the progress and welfare of their participants. The J-1 visa sponsors should ensure that the participants' activities are consistent with the program category identified on the participants' Form DS-2019. Sponsors are also to require their participants to provide current contact (address and telephone number) information and to maintain this information in their files.
J-1 categories
Different categories exist within the J-1 program, each defining the purpose or type of exchange. While most J-1 categories are explicitly named in the federal regulations governing the J-1 program, others have been inferred from the regulatory language.
Private sector programs:
• Student, Secondary School
Taxation
Taxation of income earned by J-1 visitors varies according to the specific category the visitor was admitted under; the visitor's country of origin; and the duration of the visitor's stay in the United States. J-1 visa holders are exempt from paying Federal Insurance Contributions Act (FICA) taxes (for Social Security and Medicare) when they are nonresident aliens for tax purposes, which is usually the first five calendar years if they are categorized as students, or the first two calendar y…
History
The United States introduced the J-1 Exchange Visitor Visa Program under the Mutual Educational and Cultural Exchange Act (Fulbright–Hays Act of 1961). The J-1 visa was administered by the U.S. Information Agency (USIA) to strengthen relations between the US and other countries. It fell under the purview of the USIA and not the Immigration and Naturalization Service because its main purpose is to disseminate information; its goal is to give people trainin…
New regulations in 2011
A job offer is required prior to a visa interview as of 2011. Students from six particular countries (Bulgaria, Russia, Romania, Ukraine, Moldova, and Belarus) must have a job offer that has been confirmed by a sponsoring organization before the student can apply for a visa. Because of these requirements, employers and J-1 students must get a head start on the hiring and visa application process. These regulations were initiated due to allegations of sexual exploitation, illegal busine…