1. J-1 Visa Categories
2. Foreign Residency Requirements
3. J Visa Waivers

1. J-1 Visa Categories

J-1 visas are available for aliens having a residence in a foreign country which they have no intention of abandoning.

There are several J-1 categories:

• Secondary students
• College or university (post-secondary students) students
• Summer Work Travel (post-secondary students)
• Short-term scholars
• Trainees
• Teachers
• Professors and research scholars
• Specialists coming to observe, consult or demonstrate a specialized knowledge
• Foreign Physicians
• International Visitors
• Government Visitors
• Camp Counselors
• Au Pairs

A J applicant must be sponsored by an J-1 Exchange Visitor Program designated by the Department of State (DOS). Each category of exchange has specific requirements and regulations.

• To learn about the foreign physician, au pair, camp counselor, summer work/travel, and trainee categories select Bureau of Educational and Cultural Affairs, Exchange Visitor Program, Private Sector Programs
• To learn about the post secondary student, college/university student, professor, research scholar, short-term scholar, specialist, teacher and Government Visitor and International Visitor categories, select Bureau of Educational and Cultural Affairs, Exchange Visitor, Government Programs
  

J-1 dependents (J-2's) may apply for employment authorization through the United States Citizenship and Immigration Service (USCIS).

2. Foreign residency requirement

Some (not all) J-1 visas are issued on the condition that the J beneficiary (and dependants) will return to his/her country of citizenship or country of last residence for at least two years after the completion of their training. This means that once the program has concluded, if the J-1 beneficiary wishes to apply for permanent residence, or a change of status to H (temporary worker) or L (intracompany transferee) visa, she must first satisfy a two years foreign residency requirement. This requirement also applies to aliens who married a US citizen while in J-1 status. However, this requirement does not mean that the alien is barred from entering the US for a period of two years. The J-1 alien may return to his home country and reenter the U.S. in visitor, student or other status. However, any time spent in the U.S. or a third country does not count toward the two-year residency requirement.

The J visa holders subject to this requirement are aliens:

• Whose program was "financed in whole or in part, directly or indirectly, by an agency of the government of the US , or by the government of his nationality or last residence";
• Who where admitted in a J category and were participating in a field which was on the Department of State "skill list"
• Who after January 10, 1977 came to the US on a J status to receive graduate medical education or training.

Again, if the exchange visitor is subject to INA 212(e) requirement, he or she cannot change his or status to that of H, L, K, or immigrant lawful permanent resident (LPR) until he or she has returned to his/her home country for at least two-years or received a waiver of that requirement.

3. J Visa waivers

The USCIS can grant a waiver only if the DOS makes a favorable determination to the USCIS. Please click below on the DOS and USCIS links for information regarding waiver eligibility and procedures.

• J-1 waivers Frequently Asked Questions
• How do I get a waiver of the foreign residence requirement if I am an Exchange Visitor
• J-1 visa waiver for Foreign Physicians

There are five bases for granting a waiver:

• If the J-1 would be "subject to persecution on the basis of race, religion or political opinion";
• If it is established by the Attorney General that departure from the US would impose "extreme hardship" to J-1's spouse, parent, son or daughter who are US citizens or lawful permanent residents;
• No objection statement to the waiver from the J's home country directed to the Bureau of Consular Affairs;
• Request of waiver made by a US agency to the Bureau of Consular Affairs showing that waiver is in "public interest" and return to J's home country would be "clearly detrimental" to the agency's program or activity;
• In the case of Foreign Medical Graduates, a waiver may be obtained by recommendation of a state or federal agency interested in the foreign physician's employment in a medically underserved area or Veterans Affairs facility.