J-1 Visa

While most of our J-1 clients are physicians and researchers, we represent diverse businesses who hire, and many individuals who use, the J-1 visa to come to the US. One of our business clients on a J-1 was a French wine sommelier who was sponsored by a fine dining restaurant to work and learn about Napa Valley wines, while several are scientists doing their Ph.Ds, or medical residents.

Once the company’s ability to sponsor J-1visas is approved, the company can then issue a Form DS-2019 (previously IAP 66) to the person they wish to sponsor. Sometimes, instead of going through the grueling process themselves, the US employer contracts to get J-1 trainees from a company that is already pre-qualified to sponsor J-1visas.

The worker

The applicant takes the Form DS-2019 issued by the sponsor to the US consulate to request a J-1 visa. Applicants already in the US can change their status to a J-1 without having to leave the US.

Home Residency Requirement

Some J-1 visas require that the applicant return to their home country for 2 years after they finish their J-1 period of stay in the US. This is called the “home residency” requirement.

There is a very valid reason behind the home residency requirement. A J-1 visa is issued to foster cultural and knowledge exchange between countries. The assumption is that applicants are allowed to train in the US to learn skills that are not taught in their home countries. Once applicants acquire the skills, they are expected to return to their home country to share their knowledge.

The home residency requirement usually applies to foreign physicians (called “FMGs”). It does not apply to business trainees.

If a student on an F-1 visa wishes to change to a J-1 visa, they file for a change of status while in the US.

• Duration of a J-1 visa:
  • A recent college graduate doing an internship can stay for 12 months.
  • Business trainees can stay up to 18 months.
  • Professors and researchers can usually stay for up to 5 years.
• Family members can enter the US on J-2 visas. The spouse and children may apply for work authorization.
• Obtaining a green card. A J-1 visa is a single intent visa. The applicant confirms that they would return to their home overseas when they applied for the J-1 visa.
• If the J-1 visa is subject to the “home residency requirement”, the applicant must file to waive the requirement before they can file for a green card. To learn more about how to waive the home residency requirement so you can file for a green card and live permanently in the US please click here-Waiver of Home Residency Requirement
• For other J-1 visa holders, they must either change to another visa before filing for a green-card, or prove that they did not lie on their J-1 application when they confirmed that they would return to their overseas home after the J-1 stay in the US.

To read additional details about the government’s filing process and fees for the J-1 visa, please visit the USCIS website here.

Training is permissible on a J-1 visa but working is not. There is a fine distinction between working in the employer’s office to learn about new ways of doing business (training), and just working to make money. USCIS considers the employer’s role in the training, how many hours they devote to in-class and on-the-job training, and mentorship before they approve a company as a J-1 sponsor.

Similarly, the J-1 applicant has to meet a high threshold before qualifying for a J-1 visa. If the applicant is a medical doctor, getting the initial J-1 is comparatively easy, but being able to work or to live permanently in the US after finishing medical residency requires that the applicant file for a waiver of the 2-year home residency requirement.

Similarly, business trainees and au pair interns often wish to extend their stay in the US.

Since the J-1 visa is a single intent visa, applicants must prove that they will return to their home country. This creates issues when the J-1 visa holder wants to live permanently in the US.

The Immigration Desk Solution

We help employers/sponsors get authorized to hire J-1 visa holders. Many employers look forward to having foreign workers who will bring their home-country’s methods of performing the job and in exchange are willing to share their own professional knowledge. In these situations, we help the employer develop a training plan and guide them as to what their ongoing commitments will be.

Oftentimes our clients are research scientists or business-people whose J-1 visas are about to expire. Since it is extremely difficult to file for a green card (permanent stay) while on J-1, we help to plan and to file for alternate work visas for temporary stays, such as the O-1, H-1 and sometimes the L-1 visas. We also help our clients plan pathways to obtain green cards for permanent stay in the US.

Foreign physicians most times seek our help in removing the 2-year home residency requirement. We help with filing for waivers and also file green card petitions for them.

We like making cases routine, but thrive on the approvals we win on tough cases.

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