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The J-1 visa is used
by foreign students, scholars, experts, medical interns and residents, "international
visitors," an industrial and business trainees to enter the United States
as "exchange visitors," in U.S. government approved Exchange-Visitor
Programs, for the purpose of gaining experience, studying, or doing research in
their respective fields.
Application Process
The U.S. sponsor
must proceed through an Exchange-Visitor Program designated by the USIA. Sponsors
may:
- Proceed through
already-established programs within their own organizations
- Bring J visa holders
to the U.S. through another organization's program, provided the eligibility requirements
of that organization are met
- Establish their
own exchange-visitor program by applying to the USIA
The sponsor of an
Exchange-Visitor Program may issue a Certificate of Eligibility for each exchange
visitor. USIA approval for each exchange visitor is not required. Once the Certificate
of Eligibility is issued, the exchange alien must take the certificate to a U.S.
consulate to apply for issuance of a J-1 visa.
Sponsors may bring
exchange visitors to the United States under programs for students, short-term
scholars, business trainees, teachers, professors, research scholars, specialists,
foreign medical graduates, summer travel/work for students, au pairs, and other
visitors (currently including international visitors government visitors, and
camp counselors). Application to be a program sponsor is limited to these types
of programs, but an organization may sponsor more than one program type.
Duration of Stay
The permissible period
of stay for exchange visitors varies depending the exchange visitor category in
which the visitor is admitted.
- Secondary school
students may be admitted for a one-year period. College and university students
may be admitted for the anticipated length of their academic program. Students
in degree programs below the doctoral level may also engage in 18 months of training
after completion of their degree programs. Post-doctoral training is permissible
for a period of 36 months following conferral of the degree. Non-degree college
and university students are admissible for a two year period.
- Business trainees
may be admitted to the United States for an 18-month period.
- Primary and secondary
school teachers may be admitted for a three-year period.
- College and university
professors and research scholars. Admission in one of these categories is usually
for a three-year period.
! Foreign medical
graduates. Foreign doctors participating in U.S. internships and residencies
may be admitted for the length of their program, with a usual maximum of 7 years.
Adjusting out of
"J" status.
Some J visas have
restrictions, sometimes called 212(e) restrictions, which prevent the alien from
adjusting into any other status without first returning to the country which participated
in the exchange program. There are very limited circumstances under which these
restrictions will be waived.
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