J-1 & J-2 visas
J-1 visa is a non-immigrant visa issued to exchange visitors participating in programs that promote cultural exchange, especially to obtain medical or business training within the U.S. These programs are sponsored by an educational or other nonprofit institution, which must be accredited through the Exchange Visitor Program designated by the U.S. State Department. J-1 exchange visitors come to the United States to teach, study, receive training, or demonstrate special skills. The J1 visa is meant for students who need practical training that is not available to them in their home country, and the training must be directly related to their academic program.
J-2 visa is intended for non-immigrant spouses or children of J-1 exchange visitor who accompany or later join their spouse or parent in the United States. In most cases, a J-2 visa holder can work in the United States. In order to do this, he or she must obtain an Employment Authorization Document (EAD) from the Department of Homeland Security, U.S. Citizenship and Immigration Services. Money earned by a J-2 visa holder cannot be used to support the J-1 visa holder.
J-1 visitors may remain in the United States until the end of their exchange program, as specified on form DS-2019. Once a J-1 visitor’s program ends, he or she may remain in the United States for an additional 30 days, which is often referred to as a “grace period” in order to prepare for departure from the country.
Many persons in the United States on J-1 visa are subject to the two-year home residency requirement found in Section 212(e) of the Immigration and Nationality Act. The J-1 person must either return to the country of last residence for two years or obtain a waiver of the two-year home residency requirement. The two-year stay can be served in several intervals. This mandatory two-year home-country stay can be waived under the following conditions:
- No objection statement (NOS)issued by the government of the home country of the J visa holders.
- Exceptional hardship: If a J-1 holder can demonstrate that his departure would cause exceptional hardship to his U.S. citizen or legal permanent resident dependents.
- Persecution: If a J-1 holder can demonstrate that he can be persecuted in his home country.
- Interested government agency: A waiver issued for a J-1 holder by a U.S. Federal Government agency that has determined that such person is working on a project for or of its interest and the person’s departure will be detrimental to its interest.
- Conrad program: A waiver issued for a foreign medical graduate who has an offer of full-time employment at a health care facility in a designated health care professional shortage area or at a health care facility which serves patients from such a designated area.
For the No Objection Statement J1 waiver, the exchange visitor’s home country government should issue a No Objection Statement (NOS) through its Embassy in Washington, DC directly to the Waiver Review Division that it has no objection to the exchange visitor not returning to the home country to satisfy the INA 212(e) two-year foreign residence requirement, and does not object to the possibility of the exchange visitor becoming a resident of the United States.