J-1 Visa
This J-1 article focuses on the intern and trainee categories, where companies can offer hands-on training to foreign applicants, in periods of 12-18 months. Many types of industries can benefit from J-1 visa workers including finance, business, software and engineering, restaurants and construction.
Applicants may not train in unskilled labor jobs, positions with more than 20% clerical work or medical fields (including medication, physical therapy, nursing, dentistry, social work, psychological counseling, veterinary medicine and early childhood education.)
Primary Eligibility Requirements
Requirements for a Host Company:
Several private agencies are certified to evaluate, process and approve J-1 applications on behalf of the U.S. government. These agencies also monitor J-1 visa holders during their period of stay in the U.S. These agencies are called Program Sponsors.
The Host Organization is the actual company who runs the applicants training program. This organization must submit the initial exchange visitor application and training program to the Program Sponsor, fulfill the promised training and report in during the training program to report any changes or an applicant's departure from the program. They will maintain insurance, have been operational for over a year and have more than three employees.
Requirements for a Trainee J-1 Visa
Trainees are people who have a degree from a foreign university and at least one year of related work experience gained from a foreign employer OR people who have at least 5 years related work experience gained from a foreign employer. Those graduates with degrees from U.S. Institutions are not eligible for the internship category.
Trainees are given a maximum length of eighteen months with the exception of hospitality and tourism programs, which are only given twelve months.
Requirements for an Intern J-1 Visa
Interns are people who are either enrolled in and pursing academic studies outside of the United States or who have graduated from a foreign university no more than 12 months before the exchange visitor program start date. Those graduates with degrees from U.S. Institutions are not eligible for the internship category.
Interns are allowed a maximum program length of twelve months.
Other Eligibility Factors for the J-1 Trainee and Intern Categories
For both the Trainee and Intern Exchange Visitor Categories, applicants must meet these additional factors:
Non-immigrant intent, i.e., a firm desire and intent to return to the home country after the authorized grant of stay
Strong home ties
General purpose of entry is to lecture, study, conduct research or receive training
Have proficiency in English language skills
Training must be in the applicant's specific occupational field
The trainee must demonstrate he or she is training-not working-and that their training will not displace a U.S. worker
Examples of Successful Cases that Qualify for a J-1
The J-1 visa may be issued to a wide variety of hands-on workers. A few examples of successful cases on which we have worked include:
Construction Intern
Construction Project Manager, trainee
Software engineer, intern
Accounting intern
Restaurant management trainee
Real estate trainee
Importance of Non-Immigrant Intent
The U.S. Consulate will deny any visa application where they think an applicant is going to overstay their trip to the United States. Non-Immigrant intent means that the applicant has no intention of remaining in the U.S. past the time allowed by the U.S. government. An applicant proves non-immigrant intent through behavior, detailing the reason for the trip, providing convincing documentation of this purpose (approval notices, employer brochures) and demonstrating strong home ties.
The Two-Year Home Residency Requirement
Some applicants are subject to the two-year Home Residency Requirement. It is important to determine if this criterion applies before entering on the J-1 visa. If subject, the applicant must return to their home country for two years before he or she is eligible for H-1B status or a green card. This two-year requirement even applies if a person becomes engaged to a U.S. Citizen.
Fortunately, it is often possible to obtain a waiver of the two-year home residency requirement. An application is made to the U.S. Department of State and requires involvement from the home country's Consulate in Washington D.C. Once the waiver is obtained, an applicant can then apply for change to another status or for a green card via marriage to a U.S. Citizen. This is something we discuss in detail at your initial consult.