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The J-1 visa category is used by
foreign students, scholars, experts, medical interns and residents,
"international visitors," and industrial and business trainees to
enter the US through US government-approved Exchange-Visitor
Programs.
The purpose of an exchange visitor's
stay in the US is to gain experience, study, or perform research in the
individual's respective field and to take her newly gained skills back
to her home country. The exchange visitor may be authorized to
work for either her program
sponsor or host institution, and only for
employment that is within the guidelines of the program as approved
by the Department of State. (If an employer did not participate
in the sponsorship of the exchange visitor for her J visa, the
employer may not sponsor the exchange visitor without taking steps to change the
exchange visitor's
status (i.e., to H-1B).) Exceptions to this rule may be
available for: (1) exchange visitors who are research scholars; (2)
exchange visitor who are in practical training; and (3) exchange
visitors who
demonstrate economic necessity.
It is important to know that J-1
exchange visitors may be subject to a two-year home country return
requirement. Any exchange visitor who is subject to this requirement will be ineligible for Permanent Residence
or nonimmigrant visas in the H or L category until she spends two
years - after completion of stay - in her home country or
country of last residence. A waiver of this requirement may be
available in some cases. |
