Study in America - The J-1 Visa

Today we will examine the “J-1 Visa”

The J-1 Visa

J-1 visas are another type of nonimmigrant visa designed for exchange visitors to participate in a program that promotes cultural exchange. For review, "nonimmigrant" means that you intend to be in the USA temporarily. "Immigrant" means you intend to be in the USA permanently. Many J-1 holders are visiting scholars or exchange students in the filed of medical or business training in the US.

There are two very distinctive and unique characteristics about this J-1 visa and they are:

1. All applicants must meet eligibility criteria and be sponsored either by a private sector company or organization or a government program;

2. There is a special checklist known as “Skill List” and J-1 holders with background found on the “Skill List” are often subject to a special rule of mandatory home residence requirement of at least two years upon their departure from the US after the completion of the exchange program before they are allowed re-entry into the US, if the program was funded by either their own government or the US government. That means that is you are granted a J-1 Visa and if the program you participated in was funded by your home government or by a US government (federal, state or otherwise), you will likely have to return to your home country for at least two years before you may re-enter the US.

The two-year home country residence requirement or restriction imposed upon the qualified J-1 holders can only be serviced or waived before they are allowed immigrant visa or visa with “dual intent” such as H-1B.

Similar to F-1 and M-1, the J-1 visa applicant needs to present to the US Consulate a special “Certificate of Eligibility” as a prerequisite for visa consideration and that form is known as “DS-2019” and exactly like the Form I-20, DS-2019 is also a “controlled form” that are only issued by institutions that have been pre-certified by the US Department of State.

Please share your thoughts, questions and comments below in the comment section.

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About the authors:

Stan Bradshaw lives in Richardson, Texas where he is President and CEO of US Freedom Capital, a Dallas based firm focused on EB-5 qualified immigration investments. A business owner since 1990 and four time Ernst & Young Entrepreneur of the Year finalist, Stan has been involved in technology, beginning his career at IBM in 1981. When not overseeing the investment firm Stan is a director on several non-profit Boards, serves as Vice-Chair on the board of the Richardson Texas Chamber of Commerce and enjoys playing guitar in a variety of local bands.

Stan@usfreedomcap.com | www.usfreedomcap.com | 888.519.8331

Abraham C. Yu, an immigrant from China himself, lives in Plano, Texas where he is the General Manager & Director of Immigration Division of Yu, South & Associates, a Dallas based boutique US immigration and international law firm. A business owner since 1991 and a listed EB-5 advisor since 2007, Abraham has been exclusively involved in international business, beginning his career with the Bureau of Foreign Economic Relations & Trade of Anhui Province in 1981. When not overseeing the firm’s operations, Abraham serves as cultural ambassador and was recently awarded “Citizen Diplomat” for outstanding service with the North Texas Council for International Visitors.

ayu@yuimmigration.com | www.yuimmigration.com | 888.289.9988