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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:
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.
For more information and to determine if you qualify under this visa category, please contact the Stone Haven Law Group at 877.301.7005.
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