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Archive for the ‘J1 Visa Exchange Students’ Category

J1 Visa Exchange Students

Posted by osrec On January - 14 - 2010 ADD COMMENTS

J1 Visa Overview

The exchange visitor (J) nonimmigrant visa category is provided for persons who are approved to participate in exchange visitor programs in the U.S., under provisions of U.S. immigration law. This means that before you can apply at a U.S. Embassy or Consulate for a J visa, you must first apply, meet the requirements, and be accepted for one of the Exchange Visitor Program categories through a designated sponsoring organization. If you are accepted as a participant in an exchange program, the sponsor will provide you with information and documents necessary to apply for the J visa to enter the U.S.

The Exchange Visitor Program promotes mutual understanding between the people of the United States (U.S.) and the people of other countries by educational and cultural exchanges, under the provisions of U.S. law. Exchange Programs provide an extremely valuable opportunity to experience the U.S. and our way of life, thereby developing lasting and meaningful relationships.
The first step for a prospective nonimmigrant exchange visitor is to be accepted in an established exchange visitor program that is Student and Exchange Visitor Program (SEVP) certified. Visit the Exchange Visitor Program, administered by the Bureau of Educational and Cultural Affairs (ECA), to learn more about program requirements, regulations and much more. At the conclusion of their program, Exchange Visitor program participants are expected to return to their home countries to utilize the experience and skills they have acquired while in the U.S. Learn more about exchange related programs and opportunities. Questions regarding an exchange program(s) should be directed to the program sponsor.
In carrying out the responsibilities of the Exchange Visitor Program, the Department of State (DOS) designates public and private entities to act as exchange sponsors. Designated sponsoring organizations facilitate the entry of foreign nationals into the U.S. as exchange visitors to complete objectives of one of the wide variety of exchange visitor program categories shown below. Select from the list below to learn about the program requirements and regulations by category on the ECA Website:
Exchange Visitor Categories
Au pair and EduCare
Student, secondary

Camp Counselor
Summer work/travel

Government Visitor
Teacher

Intern
Trainee and Flight Training

International Visitor (Dept. of State use)

Physician
Pilot Programs
Professor and Research Scholar
Summer work/travel: Australians

Short-term Scholar
Summer work/travel: New Zealanders

Specialist
Intern work/travel: Irish

Student, college/university
Work/English Study/Travel: South Koreans

Time Limits: The initial admission of an exchange visitor, spouse and children may not exceed the period specified on Form DS-2019, plus a period of 30 days only for domestic travel and/or to prepare for and depart from the U.S.

J1 Visa Eligibility

The INA is very specific with regard to the requirements, which must be met by applicants to qualify for the exchange visitor (J) visa. The consular officer will determine whether you qualify for the visa. Additionally, applicants must demonstrate that they properly meet the requirements to be issued an exchange visitor visa, including the following:
• That they plan to remain in the U.S. for a temporary, specific, limited period;
• Evidence of funds to cover expenses in the U.S.;
• Evidence of compelling social and economic ties abroad; and other binding ties which will insure their return abroad at the end of the visit.

J1 Visa Notes/Exclusions

Two-Year Home-Country Physical Presence (Foreign Residence) Requirement
When you agree to participate in an Exchange Visitor Program and your program falls under the conditions explained below, you will be subject to the two-year home-country physical presence (foreign residence) requirement. This means you will be required to return to your home country for two years at the end of your exchange visitor program. This requirement under immigration law is based on Section 212(e) of the Immigration and Nationality Act, as amended, and Title 22 Part 40 and Part 41 in the Code of Federal Regulations.
Two-year Home-Country Physical Presence Requirement Conditions – An exchange visitor is subject to the two-year home country physical presence requirement if the following conditions exist:
• Government funded exchange program – The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the U.S. government or the government of the exchange visitor’s nationality or last residence;
• Graduate medical education or training – The exchange visitor entered the U.S. to receive graduate medical education or training;
• Specialized knowledge or skill: Skills List – The exchange visitor is a national or permanent resident of a country which has deemed the field of specialized knowledge or skill necessary to the development of the country, as shown on the Exchange Visitor Skills List. Review the Exchange Visitor Skills List 2009.
Change of Status and Waivers of Requirement – If the exchange visitor is subject to the two-year home-country physical presence (foreign residence) requirement, he or she cannot change his/her status to that of H, L, K, or immigrant lawful permanent resident (LPR) until he or she has returned to his/her home country for at least two-years or received a waiver of that requirement. Such waivers may be requested and if approved, obtained under these five separate bases:
• No Objection Statement;
• Exceptional Hardship;
• Persecution;
• Conrad Program, or
• Interested Government Agency

J1 Visa Family Members

The spouse and children can also apply for visas after the principal applicant has already traveled. In general, they must present the following:
• Form DS 2019, SEVIS generated, and approved by the sponsor
• Proof that the principal applicant (the person who received the DS-2019 or IAP-66) is maintaining his/her J visa status
• Copy of the J-1’s (principal applicant’s) visa
• Proof of relationship to the principal applicant
• Proof of sufficient money to cover all expenses in the U.S.
Spouses and children of exchange visitors may not enter the U.S before the primary exchange visitor enters for the first time.

J1 Visa Processing Times may vary: from few weeks to few months

J1 Visa Processing Price (Government Filling Fee): since there are many subcategories, prices vary

J1 Visa Processing Price (Average Attorney Fee): prices vary

Who Pays The Fee?:
This is dependent on the visa type. In some cases the employer will pay and in some cases, and if it’s a non sponsored visa the applicant would pay. Some employers may request that you pay your own consulate fees and travel to the country, while others may not. It usually depends on the skill level, the type of position and the type of visa. For some visa types it maybe the law of the country that applicants should not pay any fees.

O2 Visa Detailed STEP BY STEP Guide: Request Info

Hey Guys! Developing detailed, Quality Step by Step guide, based on government rules and our own experience, requires a lot of time and resources. Since there are so many working visas for USA and other Countries, we need your help to understand which working visas information to gather and publish first. Please Press the Request Info link, leave your name, email address, country you are from and the visa name that you would like to get the info about, and then hit the submit button.

The Work Visas, which will get the majority of Requests, will be published first.
They will also be sent to you by email automatically as soon as they have been created.
This info will be a combination of up to date government info, news, outlook and our own substantial knowledge having been in the industry since 1997.The information will be provided free for those that vote, for all others that come after this info is available there will be a charge to cover the cost of research, our expertise and putting it together in a report format.

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Resources:
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