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.
While most J-1 categories are explicitly named in the federal regulations governing the J-1 program, others have been inferred from the regulatory language.
The consular officer verifies the DS-2019 record electronically through the SEVIS system in order to process your exchange visitor visa application to conclusion.
Unless otherwise exempt, exchange visitor applicants must pay a SEVIS I-901 Fee to DHS for each individual program.
J-1 visa holders are exempt from paying Federal Insurance Contributions Act (FICA) taxes (for Social Security and Medicare) when they are nonresident aliens for tax purposes, which is usually the first five calendar years if they are categorized as students, or the first two calendar years if they are categorized as teachers or trainees.
[28] 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.
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.
[32] 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.
After departure, J-1 visa holders must complete a mandatory two-year home-country stay (unless the U.S. government grants an exemption).
[36] Fields with high numbers of J-1 visa physicians include general surgery, anesthesiology, and psychiatry.
[37] The enactment of the Health Professionals Educational Assistance Act (HPEA) of 1976 made the J-1 visa the dominant way to enter the United States.
In 1979, the Educational Commission for Foreign Medical Graduates (ECFMG) became the sole sponsor for J-1 visa physicians.
The J-1 visa allowed a "student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge or skill, or other person of similar description" to come to the United States.
[7] Additionally, the law prohibited a person from abandoning their foreign country of residence for the United States.
It fell under the purview of the USIA and not the Immigration and Naturalization Service because its main purpose is to disseminate information; its goal is to give people training and experience in the U.S. that they can use to benefit their home countries.
The J-1 Program started by bringing scholars into the United States temporarily for a specific educational objective, such as teaching and conducting research.
These regulations were initiated due to allegations of sexual exploitation, illegal business practices, improper housing, and the general vulnerability of J-1 visa recipients.
[53] The Bureau of Educational and Cultural Affairs said the decision would be reviewed after the initial period with a further 30-day suspension possible.
[55] Although the purpose of the J-1 visas is for cultural exchange, critics take issue with how companies use the program for cheap and compliant guest workers.