Description of the J-1 Exchange Visitor Program

The "J" exchange visitor program is designed to promote the interchange of persons, knowledge, and skills in the fields of education, arts, and sciences. J-1 Visas require a sponsor that is accredited through the Exchange Visitor Program designated by the U.S. State Department.

J-1 visa status is available for:

• Secondary school and college students, including students working towards a graduate degree;
• Business trainees;
• Trainees in flight aviation programs;
• Primary and secondary school teachers;
• College professors;
• Research scholars;
• Medical residents or interns receiving medical training within the U.S. ;
• Specialists;
• International visitors for the purpose of travel, observation, consultation, research, training, sharing, or demonstrating specialized knowledge or skills, or participating in organized people-to-people programs;
• Au pair programs (foreign youth placed with U.S. families to provide child care); and,
• Camp counselors.

Family Members of J-1 Exchange Visitors (J-2)

The spouse and children under 21 years old of participants in "J" exchange programs may apply for permission to be in the United States, and may receive "J-2" status. They must demonstrate that they will have sufficient financial resources to cover all expenses while in the United States . Family members may apply for authorization to accept employment in the United States , but only if it is not for support of the J-1. Employment is authorized for the length of the J-1's stay or 4 years, whichever is shorter.

Family members are subject to the foreign residency requirement to the same extent as the J-1 spouse or parent.

A family member in J-2 status may change to another nonimmigrant category (such as F-1, H-1B, J-1 or other), unless he/she is subject to the two-year foreign residency requirement.

Foreign Residency Requirement

Certain J-1 "Exchange Visitors" is required to return to their home country for two years after completion of the J-1 program. This two-year requirement is imposed if:

• The J-1 program is financed by the U.S. government or the individual's home government;
• The home country has a shortage of people with skills that the individual has; or,
• The alien receives medical training as an intern or resident.

Waiver of Foreign Residency Requirement ("J-1 Waiver")

The Foreign Residency Requirement may be waived in the following instances:

A. "No Objection" Letter

The foreign residency requirement may be waived provided your home country's government issues a "no objection" letter to the U.S. State Department indicating that it does not object to the waiver grant.

Exception : A waiver is generally not available to medical residents/interns who received medical training in the U.S.

B. Interested Government Agency Request

An Interested Government Agency may request that the U.S. State Department waive the Foreign Residency Requirement. Both the U.S. State Department and the Immigration Service must agree to grant the waiver.

C.Threat of Persecution

If the person with J-1 status can establish that he or she will suffer persecution upon return to the home country, the foreign residency requirement will be waived. The threat of persecution needs to be based on one of the following three grounds:

• Race;
• Religion; or
• Political Opinion.

D.Hardship

If complying with the Foreign Residency Requirements imposes exceptional hardship on the alien's spouse or child, and the spouse or child is a U.S. citizen or permanent U.S. resident, the Foreign Residency Requirement may be waived.

E.Doctors in Underserved Areas

A designated State Health Agency may request a waiver on behalf of medical doctors who have been offered a full-time job with a health care facility serving an area with a shortage of medical professionals. To qualify for the waiver, the person must agree to work at the facility for forty hours per week, for a minimum of three years. The doctor must begin work at the health care facility within ninety days of the approval of the waiver.

Application Procedure

1. You must complete and send a Data Sheet application, two self-addressed, stamped, legal-size envelopes and application fee payable to the U.S. Department of State's Waiver Review Division.
2. Once the Waiver Review Division has received your application, they will use your self-addressed, stamped, legal-size envelopes, to send you a case number and instruction sheet on how to proceed with your application. This information will include a list of documents that you must submit to complete your waiver review application. After you have received your case number, you must write the full case number on any documentation you submit as well as on the outside envelope of all future correspondence with this office, or the documents you submit will be returned to you.
3. It is your responsibility to submit all requested documents and required letters sent on your behalf. Once the State Department sends you the checklist of items necessary to complete the review of your application, it will be your responsibility to ensure that your file is complete.
4. At the conclusion of the review process, the Waiver Review Division will forward its recommendation directly to the Bureau of Citizenship and Immigration Services in the Department of Homeland Security and you will receive a copy of that recommendation at the address listed on your case. If your application is denied, you will be notified directly.