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J-1 Exchange Visitor Visas

By: Jonathan N. Portner
Sameer Sidh
March 26, 2009

The J-1 visa category allows foreign nationals to legally enter the U.S. in order to gain experience in a field of employment, for educational purposes, to perform research or to simply travel on a summer vacation.  People who gain entry under J-1 status are required to be admitted into a government approved exchange-visitor program, and are only permitted to stay in the U.S. for a fixed period of time.  The length of permissible stay is dependent on the type of exchange visitor program that an individual has gained admission in.

Student exchange visitors are generally admissible for the duration of their academic program, with some notable exceptions.  Students who enter at the high school level or below are only admissible for a one-year period.  Students who are admitted for post-graduate education below the doctorate level are permitted to stay for the duration of their program, and may also extend their stay for 18 months after attaining their degree for the purpose of training. 

Students who attain a doctorate degree are allowed to extend their stay for 36 months after their education is complete.  Any post-graduate student seeking an extension for training purposes must specifically apply for it.

There are also a number of possibilities to gain J-1 status based on temporary employment exchange programs.  A notable type of program often utilized in the area surrounding Ocean City, Maryland are summer student work/travel programs.  Foreign students who acquire exchange visitor visas under this category are granted admission for a four month period, generally during their summer vacations from school.  During their stay, these students are free to work and to travel.  Individuals in this program are permitted to remain in the U.S. for an additional 30 days beyond the stated four month period, but may not work during this additional 30 days.  Similarly, people who gain admission into an exchange program for camp counselors can be granted J-1 status for a four month period.

Academic professionals are also commonly able to obtain J-1 visas through various types of exchange programs.  In May of 2005, the maximum stay for college professors and research scholars was elevated from three years to five years.  These new regulations also permit the individuals admitted into these exchange programs to enter and exit the country as many times as they desire during the duration of their five year stay.  The drawback of exit and re-entry of the country under these provision is that time spent outside of the country will count toward the granted five years of admissibility.  Teachers at the high school level and below are admissible for a three year period.

There are four general requirements that applicants must meet in order to qualify for a J-1 visa.  The first requirement, discussed above, is that the applicant must gain acceptance into a government-approved exchange program.  The Department of State has approved over 1,500 programs for exchange visitors.  In order to be eligible for a J-1 visa, a foreign national must apply directly to and be accepted by a program sponsor.  The second requirement is that an applicant must demonstrate that they intend to return to their home country after their visa expires.  This requirement is met by the applicant showing significant attachment to his home country, in the form of money, property and/or family.  Third, the applicant must show that he or she has sufficient funds to cover the expenses of their stay in the U.S.  This requirement is usually met easily because many J-1 entrants are authorized to work while in the U.S.  Last, the applicant must demonstrate a reasonable knowledge of the English language.  Meeting this requirement may require the applicant to pass the ‘TOEFL’ English proficiency test. 

If you have a relative or friend abroad that is interested in gaining entry into the U.S. on a J-1 visa, consult the advice of an immigration attorney.