Visa-Faq.com

what is j1 visa status

by Prof. Adalberto King V Published 3 years ago Updated 2 years ago
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J-1 Status
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.

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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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.

How to get a J1 visa?

To participate in the specialist program, you must:

  • Be an expert in a field of specialized knowledge
  • Not fill a permanent or long-term position of employment in the US
  • Not be enrolled in a different J1 program (professor, research scholar, short-term scholar or physician programs)

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How long does J-1 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.

Is a J-1 visa a permanent resident?

For one, the J1 visa is not a “dual intent” visa, which is a nonimmigrant visa that permits visa holders to petition for permanent resident status without affecting their nonimmigrant visa status.

Is J-1 visa a student visa?

The J-1 visa, also known as the Exchange Visitor Visa or J student visa, is for anyone outside of the US who wishes to take part in study- and work-related exchange programs approved by the Department of State Bureau of Educational and Cultural Affairs.

Is J-1 immigrant or non-immigrant visa?

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

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.

Who is eligible 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 much is a J-1 visa to America?

$160The only J visa applicants who do not have to pay this $160 J-1 visa fee are applicants participating in “official U.S. government-sponsored educational and cultural exchanges” and their dependent children/spouses.

What is difference between f1 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.

Can you get a J-1 visa without a sponsor?

Do I need a sponsor? Yes. The State Department designates U.S. government, academic and private sector entities to conduct educational and cultural exchange programs. To participate in the Exchange Visitor Program, foreign nationals must be sponsored by one of the State Department-designated sponsors.

What is the form I-94?

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

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.

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.

The Exchange Visitor Program

Each year, more than 30,000 participants from almost every country in the world travel to the United States under the Exchange Visitor Program.

The Two-Year Home Country Physical Presence Requirement

Under §212 (e) of the Immigration and Nationality Act, certain exchange visitors with a J-1 visa must return to their home country for a minimum of two years at the conclusion of their exchange program. As of 2018, the following programs and participants are subject to this requirement:

Requesting a J-1 Visa Waiver

There are five conditions under which someone can apply for a waiver of the two-year home-country physical presence rule:

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 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 ...

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 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 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 J1 Visa?

J1 visas are only for a specific group of non-immigrants who are mainly in the U.S. to take part in work- and study-based visitor exchange programs. J1 visa holders are in the U.S. for programs that regard the promotion of knowledge and skills or for exchange in the fields of education, sciences, and arts.

How long does a J1 visa last?

Your J1 visa has a grace period upon the completion of your program. The grace period usually lasts for 30 days which will give you time to return home.

Why are H1B visas needed?

H1B visa owners are in the U.S. because of a specialized skill. There is a large need in the U.S. for the skill set that makes an individual eligible for an H1B visa. Naturally, you should be able to find great job opportunities when you are eligible for a J1 to H1B visa change.

How many people can apply for H1B visa in 2019?

Every year there are more people applying for H1B visas than the total H1B visas granted by the government. The 2019 cap is 65,000 with an additional 20,000 for Master’s degree holders.

How many hours can an F1 work?

They do not need permission from authorities to work those 20 hours per week. During holidays and recess, the F1 visa holder can work full time on campus (40 hours per week). After the first year of studies, the F1 visa holder can apply at the USCIS for the permission to work at other jobs off-campus.

What form do I file for a non-immigrant?

Once the LCA has been approved your employer will file the petition for a non-immigrant worker (form I-129).

How long do you have to stay outside the US to change your visa?

This means you need to stay outside of the U.S. for two years (preferably in your home country) before you can apply for a change of status, for example a J1 to H1B change of status.

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.

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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 "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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