J-1 visa

A J-1 visa is a non-immigrant visa issued by the United States to research scholars, professors and exchange visitors participating in programs that promote cultural exchange, especially to obtain medical or business training within the U.S. All applicants must meet eligibility criteria, English language requirements, and be sponsored either by a university, private sector or government program.

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, often referred to as a "grace period", in order to prepare for departure from the country.

The minimal and the maximal duration of stay are determined by the specific J-1 category under which an exchange visitor is admitted into the United States.

As with other non-immigrant visas, a J-1 visa holder and his or her dependents are required to leave the United States at the end of the duration of stay.

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. Under the Section 212(e), before a person on a J-1 visa with the two-year home residency requirement can change to nonimmigrant status (H-1B or L1, for example), or adjust to U.S. permanent resident status, 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.

Upon their departure from the United States, many J-1 visa holders are required to complete a mandatory two-year home-country physical presence prior to re-entry into the United States under dual intent visas, such as H-1B. This applies for those whose exchange program was funded by either their government or the U.S. government, involves specialized knowledge or skills deemed necessary by their home country or if they received graduate medical training. The two-year stay can be served in several intervals. This mandatory two-year home-country stay can be waived under the following conditions:

For the No Objection Statement J-1 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.

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