Visa-Faq.com

what is j visa status

by Dr. Mose Armstrong II Published 2 years ago Updated 1 year ago
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J-1 visa status is generally used for students in specific educational exchange programs such as the UC Education Abroad Program (EAP), Fulbright, LASPAU, DAAD, AmidEast, or others. It may also be used by the university for students in degree programs.

How to obtain 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. ...

Do I need a J-1 visa?

As a non-US citizen, you will generally need a visa to enter the United States. The J-1 exchange visitor visa allows participants to come to the United States for a temporary stay, if participating in one of the J1 Visa programs.

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.

What are the J-1 visa instructions?

J-1 Visa Instructions

  • Steps to Obtain a J Visa. ...
  • Time Limits. ...
  • Two-Year Foreign Residence Requirement. ...
  • Canadians. ...
  • I-94 Departure Record Card & DS-2019 Form. ...
  • Tax Implications. ...
  • Extending your permission to stay in the United States. ...
  • Short trips out of the United States. ...

More items...

See 2 key topics from this page & related content

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What does J status mean?

Your J-1 lawful status is the official U.S. government designation and authorization of your stay in the U.S. as a non-immigrant student.

What is J category visa?

The Exchange Visitor (J) non-immigrant visa category is for individuals approved to participate in work-and study-based exchange visitor programs. Participants are integral to the success of the program.

How does J 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 does J visa last?

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.

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.

How long can you stay on a J-1 visa?

This J-1 Exchange Visitor category has a minimum stay of three weeks, and a maximum continuous stay of 5 years. The five year maximum stay for a J-1 research scholar/professor.

How can I stay in USA after J-1 visa?

Visitors can transition from the J-1 visa to permanent residence in two different ways. They can also decide whether or not they want to take advantage of consular processing and make a status adjustment. An adjustment of status requires the joint cooperation of the visitor's employer and the 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 J-1 visa bring family?

If a J-1 exchange visitor has a spouse and/or unmarried children under 21, those family members are eligible to come to the U.S. as J-2 dependents. Each J-2 dependent must have a Form DS-2019. ISO issues DS-2019s for all dependents listed on the initial J Visa Request form.

Can I stay in the US after my J-1 visa expires?

Remember: Though you are allowed to travel in the USA during the Grace Period, you may NOT exit and return to the USA during the Grace Period, because your J-1 visa expires on the program “end date” on your DS-2019 form – and you will not be allowed back in to the USA with an expired visa (to finish traveling or to ...

What is J visa in USA?

Exchange visitor (J) visas are nonimmigrant visas for individuals approved to participate in exchange visitor programs in the United States.

How much is J-1 visa?

You will pay this $160 J-1 visa fee as one of the last J-1 visa application requirements. Before you pay the fee, you will need to: Complete an online DS-2019 application. Submit the required J-1 visa documents.

What is J visa in USA?

Exchange visitor (J) visas are nonimmigrant visas for individuals approved to participate in exchange visitor programs in the United States.

What is difference between F-1 and J-1 visa?

The F-1 visa is the most common visa used by international students at Princeton. Most students are eligible for an F-1 visa as long as they have been admitted to Princeton. The J-1 status is often used for students who are in a specific educational exchange program such as Fulbright.

What are the 4 types of visas?

Which type of visa do you need? Probably one of the four main types: tourist, immigration, student, or work.

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.

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 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 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.

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.

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.

When will the J visa end?

On June 22, 2020, President Trump issued an executive order suspending new J visas through the end of 2020. On December 31, 2020 this proclamation was extended to 31 March, 2021.

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 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.

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 J visa?

Exchange visitor (J) visas are nonimmigrant visas for individuals approved to participate in exchange visitor programs in the United States.

How long does a passport need to be valid for a visa interview?

Gather and prepare the following required documents before your visa interview: Passport valid for travel to the United States - Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements ).

How long do you have to be in the US to get a visitor visa?

If you want to enter earlier than 30 days, you must separately apply and qualify for a visitor (B) visa. After you are admitted to the United States by U.S. Customs and Border Protection (CBP) officials in visitor (B) visa status, you must separately apply to U.S. Citizenship and Immigration Services ...

Where to schedule a visa interview?

You should schedule an appointment for your visa interview at the U.S. Embassy or Consulate in the country where you live. You may schedule your interview at another U.S. Embassy or Consulate, but be aware that it may be more difficult to qualify for a visa outside of the country where you live.

Can a minor child apply for a J visa?

Your spouse and unmarried, minor children may be able to apply for J-2 visas to accompany or join you at a later date to reside with you during your J program, if permitted on your exchange program category. While SEVIS fee payment is not required, your sponsor must issue them separate DS-2019 Forms, which are required when they apply for their visas, along with a copy of the primary visa holder’s J-1 visa and proof of relationship.

Is a visa in an expired passport still valid?

Unless canceled or revoked, a visa is valid until its expiration date. Therefore, a valid U.S. visa in an expired passport is still valid. If you have a valid visa in your expired passport, do not remove it from your expired passport.

Do you need an interview for a visa?

Interviews are generally required for visa applicants with certain limited exceptions below. Consular officers may require an interview of any visa applicant.

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 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.

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.

How long can you work in the US with an F-1 visa?

With a F-1 student visa, students can apply to work for up to 12 months in the US in a related field via Optional Practical Training (OPT) after graduation. For STEM degrees, F-1 students can request two additional years of work in their field.

Do I have to submit an I-20 for F-1?

F-1 students are required to submit an I-20 form, which contains the same information. Post-graduation work and training —J-1 students are eligible for Academic Training (AT) in a field related to their program for up to 18 months after graduation.

Do I have to pay for SEVIS?

Aside from your program fee, there are multiple fees you may need to pay during the application process. One is the Student and Exchange Visitor Information System (SEVIS) I-901 fee and it must be paid to the Department of Homeland Security (DHS). Depending on the program or your sponsor, this fee may or may not be a part of your program fee, so be sure to check with your Responsibility Officer.

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.

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.

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?

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 many categories are there in the J1 visa?

There are 15 different categories covered by the J1 visa. Some visas are limited to certain nationalities or specified jobs. This is not true for the unique 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 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.

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.

What is 'Status'?

Status, on the other hand, refers to the set of rights of responsibilities an individual has toward the government. In immigration terms, status is the legal category under which the visitor was admitted to the U.S. The categories are often associated with certain letters (e.g. F-1, J-2, H-1B, A2, etc) and each category has different circumstances under which it can be granted, as well as different governing regulations, responsibilites, and benefits.

Where do I apply for a visa?

Visitors must apply for a visa at an embassy or consulate outside of the U.S. The application includes specific documents that show you are qualified to apply for a specific type of visa (such as an I-20, in the case of F-1). However, the only act to which the visa entitles the visa holder is to travel to a U.S. port of entry and ask to be admitted to the U.S. The inspector at the port of entry, upon examining the visitor's documents, will decide whether or not they may enter the U.S. If the inspector does admit the individual into the U.S., this admission confers status to the visa holder. At the same time, the visa becomes insignificant.

What is a visa for a tourist?

A visa is a stamp or sticker that is placed in your passport and is used only to seek entry into the U.S. When someone wishes to come to the U.S. temporarily (whether for a number of weeks as in the case of a tourist or a number of years as in the case of an H-1B worker), he or she must obtain a visa, or 'entry visa'.

How long does a visitor stay in the US?

The visitor will be in the admitted status until the expiration date, assuming that they obey the regulations pertaining to that status. If the visitor violates the regulations that govern their status, then the person is 'out of status', which means that they no longer have a lawful basis for being in the U.S. and a variety of consequences may ensue, up to and including the termination of the status.

What does "visa" mean in a conversation?

In casual conversation, the term 'visa' is often used interchangeably to mean both a person’s visa and their status. For example, you will hear someone say: “He is here on a visa.”. Or: “She is applying for a work visa.”. While this gives the listener a general idea within the context of the conversation, it is inadequate for the understanding ...

Can a visa expire?

A visa is only an entry document and can expire while you are in the U.S. There is no issue if your visa expires while you are legally present in the U.S. As long as your status is still valid and you continue to follow all immigration regulations, you can continue to remain in the U.S. even if your visa has expired. The status does not end when the visa expires.

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Overview

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 "gra…

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 waive…

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 training and experience in …

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…

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