J-1 Exchange Visitor Visa

INA Section 212(e) requires certain J-1 exchange visitors to return to their home country for at least two years after their program ends before they may apply for H, L, or K visas or permanent residence. This requirement applies when: (1) the program was funded in whole or in part by the U.S. or home government; (2) the field of study appears on the home country's "Skills List"; or (3) the visitor is a foreign medical graduate who entered the U.S. for graduate medical education. The DS-2019 form indicates whether this requirement applies.

The two-year requirement may be waived through: (1) a "No Objection Statement" from the home country government — the most commonly used method; (2) a request from an interested U.S. federal government agency (IGA — applicable to certain researchers); (3) demonstrating that return would cause "Exceptional Hardship" to a U.S. citizen or permanent resident spouse or child; (4) demonstrating a fear of persecution upon return; (5) a state Department of Health request (for physicians who agree to serve in a designated medically underserved area for 3 years). Waiver applications are submitted to the State Department's Waiver Review Division.

Common J-1 categories include: Professor/Research Scholar (up to 5 years); Short-Term Scholar (up to 6 months); Student (J-1 Student); Intern (up to 12 months, must have recently graduated or be currently enrolled); Trainee (up to 18 months, must have at least 1 year of work experience); Au Pair (12 months + 6 month extension); Summer Work Travel; Teacher (up to 3 years, extendable to 5); Alien Physician; and Government Visitor.

Both J-1 and F-1 are nonimmigrant visas, but key differences include: (1) J-1 is administered by the Department of State, F-1 by USCIS/ICE; (2) J-1 may be subject to the two-year home residency requirement, F-1 is not; (3) J-1 covers a wide range of exchange programs (scholars, interns, au pairs, etc.), F-1 is limited to academic study; (4) J-1 spouses (J-2) may apply for work authorization, F-1 spouses (F-2) cannot; (5) J-1 funding often comes from government or institutional sources, F-1 is typically self-funded. For purely academic degree programs, either may apply, but the J-1 home residency requirement is a significant consideration.

If not subject to the two-year requirement, a J-1 holder may change status to H-1B or another classification within the U.S., and may apply for a green card. If subject to the requirement, it must be fulfilled (two years of home country residence) or waived before applying for H, L, or K visas or permanent residence. Once the waiver is approved, the individual may immediately file for a status change or green card. Note: changing from J-1 to a category not restricted by Section 212(e) (such as O-1) is sometimes a viable strategy.