J-1 Exchange Visitors

The J-1 classification (exchange visitors) is authorized for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training. In carrying out the responsibilities of the Exchange Visitor Program, the Department of State designates public and private entities to act as exchange sponsors. J-1 nonimmigrants are therefore sponsored by an exchange program that is designated as such by the U.S. Department of State. These programs are designed to promote the interchange or persons, knowledge, and skills, in the fields of education, arts, and science.

Examples of exchange visitors include, but are not limited to: * Professors or scholars * Research assistants * Students * Trainees * Teachers * Specialists * Nannies/Au pairs * Camp counselors

Application Process

The U.S. Department of State plays the primary role in administering the J-1 exchange visitor program, so the first step in obtaining a J-1 visa is to submit a Form DS-2019, Certificate of Eligibility for Exchange Visitor Status, (formerly known as an IAP-66). This form will be provided by your sponsoring agency. You should work closely with the officials at your sponsoring agency who will be assisting you through this process. An official who is authorized to issue Form DS-2019 is known as a Responsible Officer (RO) or Alternate Responsible Officer (ARO). Your RO or ARO will explain to you what documents are needed in order to be issued a DS-2019.

After you have obtained a Form DS-2019, you may then apply for a J-1 visa through the U.S. Department of State at a U.S. embassy or consulate. The waiting time for an interview appointment for applicants can vary, so submitting your visa application as early as possible is strongly encouraged (though you may not enter the United States in J-1 status more than 30 days before your program begins). Employment

Some J-1 nonimmigrants enter the United States specifically to work (as a researcher, nanny, etc.) while others do not. Employment is authorized for J-1 nonimmigrants only under the terms of the exchange program. Please check with your sponsoring agency for more information on any restrictions that may apply to you working in the United States. Family of J-1 Visa Holders

Your spouse and unmarried children under 21 years of age, regardless of nationality, are entitled to J-2 classification. Your spouse and children are entitled to work authorization; however, their income may not be used to support you. To apply for work authorization as a J-2 nonimmigrant, your spouse or child would file Form I-765, Application for Employment Authorization.

J-1 Physician Waiver Regulations

Final regulations regarding the ability of individual States to sponsor the waiver of the normal J-1 two year "Home Residency Requirement" (HRR) for physicians have recently been adopted by the United States Information Agency (USIA). The new regulations enable State Health Departments or their equivalents to request the USIA to recommend that the Immigration Service waive the normal two year HRR for certain physicians. A maximum of 20 physicians may be sponsored for this purpose by each State. Only in cases where a physician's education or training was funded by his/her home country, the physican is required to obtain a "No-Objection" letter from the home government. Other waiver requirements include:
  1. A letter from the relevant State Health Agency confirming that the proposed waiver is in the public interest.
  2. The physician must have an employment contract to provide services in the State for at least three (3) years.
  3. The area where the services are to be provided is either a "Health Professional Shortage Area" or a Medically Underserved Area/Medically Underserved Population
These new waiver regulations will be valid until June 1996. Thereafter, Congress must decide whether or not to extend the program.

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