Category requirement • An
international visitor must be picked by the State Department and be a recognized leader in a special field. •
Camp counselors must be at least 18 years old, speak English, and be "either a foreign post-secondary student, youth worker, teacher or individual with specialized skills." •
Au pairs provide childcare to American families. They must be between the age of 18 and 26, speak proficient English, pass a background check, and have secondary school education level or above. • A
research scholar is a foreign citizen in the U.S. to conduct research. These scholars are allowed to teach and lecture. • A
professor is for a foreign citizen here to teach, lecture, or consult at a college or university. These professors cannot be a tenure-track candidate or have completed a professor program within two years of the new job start. •
Summer work travel visitors must be a post-secondary college student who completed one semester of academic study, speak proficient English, and have a summer job. • An
intern must either be currently enrolled full-time at a foreign post-secondary academic institution outside the United States or have graduated from such an institution no more than 12 months before the J-1 visa start date. Additionally, these interns cannot work in childcare, elder care, or health care. They cannot be in unskilled labor jobs or work in jobs requiring more than 20% of the work to be clerical or office support.
Visa process For potential J-1 visa applicants, the first step is to locate and contact a designated sponsor. The State Department provides the list of designated sponsors. These are the documents required for someone's J-1 visa interview. • The Certificate of Eligibility (Form DS-2019) issued by the sponsor of the program • Supporting documents which are country specific and the consulate website will have details • A valid passport, that does not expire within the next six months • The I-901 SEVIS Fee ($220) •
Form DS-160 completed online – this is the non-immigrant visa application • Fee receipt confirming payment of the visa application fee of $160 • A recent color 2"×2" photograph, in the specified format.
Reporting 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. All exchange visitor applicants must have a
SEVIS-generated DS-2019 issued by a DOS designated sponsor, which they submit when they are applying for their exchange visitor visa. The consular officer verifies the DS-2019 record electronically through the SEVIS system in order to process your exchange visitor visa application to conclusion. Unless otherwise exempt, exchange visitor applicants must pay a SEVIS I-901 Fee to DHS for each individual program. Electronic records on J-1 visitors and their dependents are maintained in Student and Exchange Visitor Information System (SEVIS) of the
Student and Exchange Visitor Program by their program sponsor. J-1 visitors must report certain information, such as a change in legal name or a change of address, within 10 days. Failure is considered a violation of the J-1 visitor's immigration status and may result in the termination of the visitor's exchange program.
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 years if they are categorized as teachers or trainees. However, they are subjected to other applicable
federal, state, and local taxes. People on J-1 filing their federal income taxes who have been in the United States for five years or fewer (for students) or two years or fewer (for teachers and trainees) need to use the non-resident 1040-NR tax forms. Some J-1 visa holders may be eligible for certain tax treaty provisions based on their country of origin. Employers who hire J-1 visitors may also save on payroll taxes. J-1 visitors do not pay Social Security, Medicare or Federal Unemployment taxes, employers do not have to match these taxes. A typical employer who hires 5 Work/Travel J-1 visitors and pays $8/hour each may save over $2317 in a typical 4-months season.
Mandatory home residence 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 waiver of the two-year home residency requirement. Upon their departure from the United States, many J-1 visa holders are required to complete a mandatory two-year home-country physical presence prior to re-entry into the United States under
dual intent visas, such as
H-1B. The two-year stay can be served in several intervals. This mandatory two-year home-country stay can be waived under the following conditions: •
No objection statement (
NOS) issued by the government of the home country of the J visa holders. •
Exceptional hardship: If a J-1 holder can demonstrate that his or her departure would cause exceptional hardship to his U.S. citizen or legal permanent resident dependents. •
Persecution: If a J-1 holder can demonstrate that he or she can be persecuted in his home country. •
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. •
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. For the No Objection Statement J-1 waiver, the exchange visitor's home country government should issue a No Objection Statement (NOS) through its embassy in Washington, DC directly to the Waiver Review Division that it has no objection to the exchange visitor not returning to the home country to satisfy the INA 212(e) two-year foreign residence requirement, and does not object to the possibility of the exchange visitor becoming a resident of the United States.
Conclusion of J-1 visa exchange 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 "grace period", and consequently some airline counter staff have refused to issue a boarding pass to an embarking student. In particular, when the student's return ticket is departing after the J-1 visa has expired. For example: the return date is the next day after the student's last exam. • If the visitor leaves the United States during these 30 days, the visitor may not re-enter with the J-1 visa. The minimal and the maximal duration of stay are determined by the specific J-1 category under which an exchange visitor is admitted into the United States. As with other non-immigrant visas, a J-1 visa holder and his or her dependents are required to leave the United States at the end of the duration of stay. After departure, J-1 visa holders must complete a mandatory two-year home-country stay (unless the U.S. government grants an exemption). ==J-1 visa physicians==