J-1 visa

A J-1 visa is a non-immigrant visa issued by the United States to 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 and be sponsored either by a private sector or government program.

Duration of stay

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 minimum and maximum duration of stay are determined by the specific J-1 category under which an exchange visitor is admitted into the United States. ^[1]

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.

Mandatory home residence 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 H1-B. ^[1] These include those involved in government-funded exchange programs, those who pursued graduate-level education or training and those with specialized knowledge or skills. This mandatory two-year home-country stay can be waived under the following conditions:^[2]

• 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 or her departure would cause exceptional hardship to his or her U.S. citizen or legal permanent resident dependents.
• Persecution: If a J-1 holder can demonstrate that he or she can be persecuted in his or her 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.

Reporting requirements

Electronic records on J-1 visitors and their dependents are maintained in SEVIS by their program sponsor. J-1 visitors must report certain information, such as a change in legal name or a change of address, within 10 days. Failure to report this information is considered a violation of the J-1 visitor's immigration status and may result in the termination of his or her exchange program.

J-1 categories

Different categories exist within the J-1 program, each defining the purpose or type of exchange. 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.^[1]

Private sector programs:^[3]

• Alien Physician
• Au Pair and EduCare
• Camp Counselor [Summer camp]
• Intern
• Student, Secondary School
• Work/Travel
• Teacher
• Trainee
• Flight Training (J-1 privileges to be terminated effective June 1, 2010)^[4]

Government and academic programs:

• Government Visitor
• International Visitor
• Professor and Research Scholar
• Short-Term Scholar
• Specialist
• Student, College/University

Taxation

Taxation of income earned by J-1 visitors varies according to the specific category the visitor was admitted under; the visitor's country of origin; and the duration of the visitor's stay in the United States. J-1 visitors whose governments have a tax treaty with the United States may be exempt Social Security and Medicare taxes for up to five years. J-1 researchers may be exempt for up to 18 months. ^{[5][citation needed]}

Employers who hire J1 visitors may also save up on payroll taxes. When J1 visitors do not pay Social Security, Medicare or Federal Unemployment taxes, employers do not have to match these taxes. A typical employer who hires 5 Work/Travel J1 visitors and pays $8/hour each may save over $2317 in a typical 4-months season. ^[6]

History

The J-1 visa was administered by the U.S. Information Agency (USIA) to strengthen relations between the US and other countries. 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. ^[7]

The program became the subject of scrutiny in December 2010 under allegations of human trafficking when it was reported that female J-1 visa holders were being forced to work in strip clubs, and again in 2011 when hundreds of J-1 visa holders walked out on strike at a Hershey's chocolate plant in 2011, citing low wages, managerial improprieties, and abusive working conditions. They had paid for their visas with the impression that they would be given staff positions that would enable them to learn management techniques. Instead, they were assigned menial chores in a warehouse packing plant at low pay and long hours. The plant was operated by a sub-contractor to Hershey and had been staffed by a third-party agency. Hershey's response was to offer a paid day of vacation with a trip to a local tourist destination. ^{[8] [9]}

New Regulation for 2011

A job offer is required prior to visa interview. Students from six particular countries (Bulgaria, Russia, Romania, Ukraine, Moldova, and Belarus) must have a job offer that has been confirmed by a sponsoring organization BEFORE the student can apply for a visa. Because of these requirements, employers and J-1 students must get a head start on the hiring and visa application process.

According to a newspaper report, on February 9th, 2011, the State Department announced that the same-sex partners of American diplomats moving to a posting in the United States would now be allowed to apply for J-1 visas. This ability was not extended to non-diplomat same-sex couples however and has sparked controversy.

This is different from a long-existing policy which allows issuing B-2 visas (visitor for pleasure) to same-sex domestic partners of foreign citizens working or studying in the United States on nonimmigrant visas,^[10] or diplomatic visas to same-sex domestic partners of some foreign diplomats in the US.^[11]

These regulations have been initiated due to allegations of sex trade, illegal business practices, improper housing, and general vulnerabiltiy of J-1 visa recipients. ^[12]

See also

• J-2 visa
• H-1B visa

References

1. ^ ^{a b c} United States Department of State. "Exchange Visitor (J) Visas". http://j1visa.state.gov/. Retrieved 2011-06-02. 
2. ^ http://travel.state.gov/visa/temp/info/info_1288.html
3. ^ United States Department of State. "Programs". http://j1visa.state.gov/. Retrieved 2011-06-02. 
4. ^ Hector Chichoni. "Exchange Visitor Program Terminates J-1 Flight Training Program Designations". http://www.flemploymentlawblog.com/articles/j1-visa. Retrieved 2009-16-12. 
5. ^ http://www.placement-int.com
6. ^ J1 Tax Benefits for Employers. Savings Calculator.
7. ^ http://www.ama-assn.org/ama/pub/about-ama/our-people/member-groups-sections/international-medical-graduates/ama-working-imgs/immigration-policies-imgs/reports-j1-visas.shtml
8. ^ http://news.yahoo.com/blogs/lookout/foreign-students-walk-off-hershey-factory-job-protest-214310205.html
9. ^ http://news.yahoo.com/foreign-workers-hershey-protest-conditions-173736772.html
10. ^ B 2 CLASSIFICATION FOR COHABITATING PARTNERS, a State Department cable.
11. ^ Diplomats and Foreign Government Officials
12. ^ http://www.sltrib.com/sltrib/world/52040382-68/department-students-state-sponsors.html.csp?page=2