J-1 Visa

The visa allows you unlimited travel in and out of the US and in many circumstances will allow you to be employed in the country.

• Medical graduates who want to follow an accredited course in medical education or training.
• Student exchange programs that promote knowledge in education, the arts, or sciences
• Research scholars who wish to teach, conduct research, or to observe colleagues
• Professors who wish to teach, carry out research, or consult at educational institutions, museums, libraries, etc.
• Au pairs who will live with American family
• Foreign nationals who wish to attend business & industry training programs
• Research assistants who are sponsored by the National Institutue of Health
• Camp counselors who will be working on U.S. summer camps
• Foreign nationals working on achieving further academic qualifications or practical training in specific areas of knowledge
• Potential leaders or experts

Foreign Residency Requirement & Waiver

It is worth noting that some J-1 visas are subject to a two-year residency requirement (212[g]) which mandates that you must return to your home country for a minimum of two years after your J-1 visa expires before you may return to the U.S. on any other visa. There are some exceptions to this.

If it is your intention — or you think you may be likely — to wish to stay on in the United States after the end of your visit, you may be advised to consider other options. In some situations, it may be possible to get a waiver to the two-year foreign residency requirement. Speak to one of our immigration attorneys to understand your options.

The list provides plenty of scope for flexibility. J-1 visas are also quite easy to get approved.

The length of stay depends on the type of activity. Those pursuing academic study may get a visa for up to three years, while camp counselors will typically only get a 3-month stay.

Extensions are also variable, depending on the category of visa. We will be happy to advise on any of these questions.

Unlike some other visas, the J-1 can allow change of status, meaning that you may apply for a different visa type from within the United States, without having to return to your home country first.

Spouses and unmarried children under 21 may accompany a J-1 visa holder to the U.S. under a J-2 (dependents’) visa. They are permitted to study, to travel in and out of the country, and they may work after securing a relevant work permit.

The Most Common J-1 Fees and Their Associated Costs

• Form DS-2019, Certificate of Eligibility for Exchange Visitor Status: This is the primary form for J-1 visa applicants, which is issued by the program sponsor. The cost for Form DS-2019 varies depending on the program but is typically included in the program fee.
• Form DS-160, Online Nonimmigrant Visa Application: This form is used for the actual J-1 visa application at a U.S. embassy or consulate. The fee for Form DS-160 is $160.
• Form I-901 SEVIS Fee: The Student and Exchange Visitor Information System (SEVIS) fee is mandatory for all J-1 applicants. The fee for Form I-901 is $220.
• Form I-134, Affidavit of Support: This form is required if the applicant needs to prove they have sufficient financial resources to support themselves during their stay in the United States. The cost for Form I-134 is $0.
• Form I-539, Application To Extend/Change Nonimmigrant Status: This form is used if the J-1 visa holder is seeking an extension or change in their status while in the United States. The cost of Form I-539 is $370.

In addition to these costs, the applicant may also need to account for other expenses such as travel to the U.S. embassy or consulate, translation fees, and costs for obtaining necessary supporting documents like copies of passports, birth certificates, or marriage certificates. The total cost of a J-1 visa application can vary greatly depending on the individual's circumstances and the specifics of the program, but applicants should be prepared for a few hundred dollars in application fees and related expenses.

Attorney Tips for J1 Visa

Alternative Options to J-1?

• If you will be receiving training in the U.S., you could consider the H3 training visa (18-month to 2-year terms available).
• J-1 visa holder cannot typically apply directly for green Cards while in the US. They can either transfer to a different visa or apply for GC from out of the country. Typical green Cards tend to be the Labor Certification Process visas (EB2/EB3).

J-1 Visa News