J1 Exchange Visitor

The J visa is a nonimmigrant visa, and participants in the J-1 Exchange Visitor Program are expected to return to their home countries when they complete their programs. Entry into the United States as a participant in the Exchange Visitor Program is granted with the understanding that participants will complete the objectives of a single program category.

The minimum duration of any exchange program is three weeks, except for participants in the Short Term Scholar category or those sponsored by the Federal Government. J1 visas are issued to persons who have been approved to participate in exchange visitor programs in the United States.

In order to get a J1 Visa, applicants must demonstrate:

  • That they plan to remain in the U.S. for a temporary, specific, limited period.
  • Evidence of funds to cover expenses in the United States.
  • Evidence sufficient to overcome the presumption of immigrant intent, i.e. that they have compelling and substantial ties to their home countries and intend to leave the U.S. at the end of the exchange program.

Some exchange activities may also be permitted on business (B-1) or tourist (B-2) visas. Short periods of study incidental to a trip are permitted on a visitor visa. The determining factor is the traveler's primary purpose in coming to the United States. Any study that would earn credit or certification is not permitted on a visitor visa.

Two-Year Foreign Residency Requirement

Unless a waiver is obtained, a J1 exchange visitor is subject to a two-year foreign residency requirement (i.e. they must return to their home country for at least two years after completion of the exchange pursuant to INA 212(e)) in the following circumstances:

  • The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the United States government or the government of the exchange visitor's nationality or last residence.
  • The exchange visitor is a national or resident of a country designated as requiring the services of persons engaged in the field of specialized knowledge or skills in which the exchange visitor was engaged for the duration of their program (Exchange Visitor Skills List 9 FAM 41.62, Exhibit II).
  • The exchange visitor entered the United States to receive graduate medical education or training.

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 lawful permanent resident until he or she has returned to his/her home country for at least two-years or has received a waiver of that requirement. Such waivers can be obtained under five bases: No Objection Statement, Exceptional Hardship or Persecution, Conrad Program, or Interested Government Agency. Contact us for more information or assistance in obtaining a waiver of the 212(e) requirement.