J-1 Exchange Visitor

The Immigration and Nationality Act (INA) provides the exchange visitor (J) nonimmigrant visa category for persons who are approved to participate in exchange visitor programs 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 in the United States.  These programs are designed to promote the interchange or persons, knowledge, and skills, in the fields of education, arts, and science.
The INA specifies the requirements, which must be met by applicants to qualify for the exchange visitor (J) visa.  The consular officer will determine whether the foreign national qualifies for the visa.  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 United States for a temporary, specific, limited period;
• Evidence of funds to cover expenses in the United States;
• Evidence of compelling social and economic ties abroad; and other binding ties which will insure their return abroad at the end of the visit.

For detailed requirements or application process of J Exchange Visitor Visas, please visit Department of State website http://travel.state.gov/visa/temp/types/types_1267.html

Two-year Home-Country Physical Presence Requirement Conditions

A foreign national admitted in J-1 status may be subject to a two-year foreign (home country) residence requirement.  Without a waiver of this requirement, the alien is not eligible to apply for a change of status within the U.S. to another non-immigrant visa, any change to permanent resident status, or application for an H, L, or K non-immigrant visa.  This two-year period must be spent in the foreign national’s home country, or the country in which they last permanently resided before coming to the U.S. 
An exchange visitor is subject to the two-year home country physical presence requirement, INA 212(e) 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 United States government or the government of the exchange visitor's nationality or last residence;
• Graduate medical education or training - The exchange visitor entered the United States 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.
  
  

   

Please contact our office http://stonehavenlaw.com/contact_us.html for a free consultation to determine if you are eligible for this visa category.

Disclaimer: The information provided here is of a general nature.  It should not be construed as legal advice and does not constitute an engagement of the Stone Haven Law Group or establish an attorney-client relationship.