J-1 Exchange Visitor

The J-1 Exchange Visitor visa program, operated by the U.S. Department of State, allows foreign nationals (“FNs”) from any country to pursue a specific objective in the United States. A J-1 visa holder may enter the United States as a student, scholar, trainee, intern, teacher, professor, research scholar, specialist or leader in a field of specialized knowledge or skill, foreign medical graduate, summer student work/travel program participant, physician, international visitor, government visitor, camp counselor, or au pair. A J-1 Exchange Visitor must be coming to the United States for the purpose of instruction, observation, research, consulting, demonstrating specialized skills, or receiving training.

The J-1 Exchange Visitor Program was designed to facilitate international exchange and is for individuals approved to participate in work- and study-based exchange visitor programs. The primary purpose is to expose foreign visitors to American methodologies, expertise, and culture, and subsequently have those visitors return to their countries to share that learning with others. The programs offered through the J-1 Visa enable foreign nationals (“FNs”) to come to the U.S. to pursue a specific objective in the U.S., such as through teaching, studying, conducting research, demonstrating special skills, or receiving on-the-job training. The categories that are most applicable to the private sector are the “Trainee” and “Intern” categories, each of which has different eligibility requirements.

The J-1 Trainee Visa allows foreign professionals to come to enhance their skills and expertise in their academic occupational fields through participation in a structure and guided training-based program. The permitted occupational fields include arts and culture; agriculture, forestry, and fishing; construction; education; health related occupations; hospitality and tourism; information media and communications; management, business, commerce and finance; public administration and law; and the sciences. The duration of participation in this category varies between twelve (12) and eighteen (18) months, depending on the specific occupational training category. To be eligible for a J-1 Trainee Visa, the FN must:

  • Possess a degree or professional certificate from a foreign post-secondary academic institution and at least one year of prior related work experience in his or her occupational field outside the U.S.; or
  • Possess five years of work experience outside the U.S. in the occupational field in which they are seeking training.

The J-1 Intern Visa allows foreign college and university students or recent graduates to come to the U.S. to gain exposure to U.S. culture and to receive hands-on experience in U.S. business practices in their chosen occupational field. The duration of participation must not exceed twelve (12) months. To be eligible for a J-1 intern visa, the FN must be a foreign national who:

  • Is currently enrolled in and pursuing studies at a foreign degree- or certificate-granting post-secondary academic institution outside the U.S.; or
  • Has graduated from such an institution no more than 12 months prior to their exchange visitor program start date.

The trainees and interns may not be placed in unskilled or casual labor positions, in positions that require or involve childcare or elder care, or in any positions that require more than 20% clerical or office support work. In addition, interns may not be placed in a position that involves medical patient care or contact, trainees may not be placed in positions that are filled or would be filled by full-time or part-time employees, and training cannot duplicate a trainee participant’s prior work experience or training.

To receive a J-1 visa, the FN must first apply to and be accepted by an Exchange Visitor Program designated by the U.S. Department of State. Upon acceptance, the Exchange Visitor Program will issue a DS-2019 and DS-7002 form, which are used to apply directly to a U.S. Consulate or Embassy to obtain the J-1 visa stamp. To qualify for the J-1 visa, the FN must prove s/ he has sufficient financial resources, will be covered by health insurance the entire length of the J-1 program, and demonstrate that s/he has sufficient knowledge of the English language to participate in the program.

To help ensure that they will return to their home countries, exchange visitors must also prove that they have a residence abroad which they have no intention of abandoning. Some exchange visitors will be subject to a two-year home residency requirement, depending on the visitor’s home country and specific skills set. If subject to that requirement, the exchange visitor will not be able to change to another status while in the U.S., nor will they be able to apply for an H or L visa, or for status as a Permanent Resident, until the exchange visitor returns to their home country (or country of last residence) and physically resides there for two years. While it is possible to waive this requirement in some cases, exchange visitors with a home residence requirement should be prepared to return to their home country after completion of their J-1 program.

J-1 Exchange Visitor Teacher

The J-1 Exchange Visitor visa program, operated by the U.S. Department of State, allows foreign nationals (“FNs”) from any country to pursue a specific objective in the United States. A J-1 visa holder may enter the United States as a student, scholar, trainee, intern, teacher, professor, research scholar, specialist or leader in a field of specialized knowledge or skill, foreign medical graduate, summer student work/travel program participant, physician, international visitor, government visitor, camp counselor, or au pair. A J-1 Exchange Visitor must be coming to the United States for the purpose of instruction, observation, research, consulting, demonstrating specialized skills, or receiving training.

The J-1 Exchange Visitor Program was designed to facilitate international exchange and is for individuals approved to participate in work-and study-based exchange visitor programs. The primary purpose is to expose foreign visitors to American methodologies, expertise, and culture, and subsequently have those visitors return to their countries to share that learning with others.

The J-1 Exchange Visitor Program has 14 types of cultural exchange programs. One of these is reserved for foreign teachers coming to the U.S. to teach in accredited primary and secondary schools.

Basic Requirements:

Applicants must:

  • be qualified to teach in primary or secondary schools in their home country or country of last legal residence.
  • show that s/he is working in his/her country of nationality or the country of his/her legal residence at the time of application. Otherwise, s/he will need to show that:
    • Within 12 months of application, s/he has obtained an advanced degree.
    • S/he has two years of full-time teaching experience within the past eight years.
  • show that s/he has a degree equivalent to a U.S. bachelor’s degree in education or in the academic field in which s/he intends to teach.
  • have a minimum of two years of teaching or related professional experience.
  • satisfy the U.S. state’s standards where s/he intends to teach.
  • be of good character and have a good reputation.
  • seek to enter the U.S to be a full-time teacher of record at a primary or secondary accredited school.
    • The teacher may also teach in pre-kindergarten, provided that instruction is on a full-time basis, and only in language immersion.
  • be sufficiently proficient in English.
  • have medical insurance that meets the regulatory requirements.
Period of Stay:
  • The period for a teacher exchange is three years.
  • Schools may apply to the sponsor for a one or two-year extension of the program.
    • There is no limit on the number of extensions that the Department of State can grant.
    • If the sponsor approves the request for extension, the sponsor must submit this approval and any other supporting documentation for the extension to the State Department at least three months before the beginning of the teacher’s intended extension period.
  • A teacher on a J-1 visa may not enter the U.S more than 30 days before the teacher’s exchange program begins.
Dependent Family Members:
  • Dependents, including spouses and children under 21 years of age are eligible for J-2 visas. J-2 spouses can obtain work authorization.
  • Once the J-1 teacher program finishes, teachers are eligible to repeat the program as long as they have resided outside of the U.S. for two years.
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