The J1 visa is a nonimmigrant (temporary) visa for foreign persons coming to the United States to participate in a U.S. Department of State approved sponsored programs of studying, researching, teaching, instructing, lecturing, receiving training, observing, consulting, or showing special skills. J1 visa exchange visitors can include but are not limited to persons who are students, research assistants, scholars, professors, teachers, trainees, interns, nonacademic specialists, au pairs, camp counselors, foreign medical graduates, or government visitors, etc.
Most college or university level students under the J1 visa are typically financially funded by a government or institution in the form of scholarships, fellowships, stipends, tuition waivers, or assistantships (which means that family or personal funds cannot be used).
In general, the J1 visa is designed for work-based learning that promotes cultural exchange experiences to strengthen ties between the United States and other countries, and it is not intended to be used as a work visa to replace U.S. workers.
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Table of Contents
There are numerous types of persons who can be a J1 visa holder but for simplicity reasons, we will roughly categorize them into 8 main groups here: (1) students, (2) interns and trainees, (3) primary or secondary school teachers, (4) short term scholars, (5) professors and researchers, (6) foreign medical graduates (foreign physicians), (7) au pairs, and (8) other (e.g., camp counselor, international or governmental visitors).
There are 3 main types of students under the J1 visa: (1) college and university level students, (2) high school students, and (3) summer work travel students.
J1 Visa High School Students (Secondary School)
Foreign students from 15 years old to 18.5 years old can study at an accredited public or private secondary school (i.e, high school) in the United States for a semester or academic year while staying with an American host family (i.e., cannot stay with relatives but can stay with family friends) or be enrolled in a qualified boarding school. High school J1 visa students cannot work in the United States and cannot have previously attended school in the United States under an F1 visa status or J1 visa status.
J1 Visa College & University School Student (Post-Secondary)
A qualified J1 visa college or university student must (1) be financially funded by a source other than a personal or family fund such as a government or institution (e.g., the government of the J1 visa student’s home country, the U.S. government, or an international organization that the United States is a member of), and (2) be studying full-time at an accredited post-secondary school for a degree program or non-degree program. The maximum time for a post-secondary non-degree program under the J1 visa is 2 years.
J1 Visa Academic Training & Student Employment
J1 visa students can legally work in the United States under (1) academic training and (2) on-campus or off-campus student employment.
Academic Training
Academic training under the J1 visa allows the student to work in a job (paid or unpaid) that is directly related to their major of study during school and after completing their educational program.
Academic Training Validity Time
For most J1 visa students, the maximum amount of time that can be given for academic training is 18 months (excluding training that is a mandatory part of an academic program such as co-op programs which are not counted toward the 18-month maximum limit) or the period of time their full-course of study took (whichever is less) to legally work in the United States.
Postdoc J1 visa students who have completed their doctoral program and received their Ph.D. degree can be given up to 3 years (minus any time spent in academic training) or the period of time their full-course of study took (whichever is less) to participate in postdoctoral training or research under an academic or research institution. The postdoctoral work is limited to 18 months at a time, hence, a new Form DS-2019 has to be obtained from the responsible officer before the J1 visa postdoc student continues their work after their initial 18 months is used up.
Working On-Campus
J1 visa students can work on campus when their educational program starts. The work can be located on school premises that provide services to students (e.g., teaching assistant, research assistant, student book store, dining hall, computer centers, laboratories, university library) or at an off-campus location that is educationally affiliated with the school by being associated with the school’s curriculum or related to contractually funded post-graduate (e.g., master degree) level research projects that is an integral part of the J1 visa student’s educational program.
The on-campus work authorization allows the J1 visa student to work part-time (20 hours per week) when school is in session and full-time when the school is not in session (e.g., school vacations or holidays). After the J1 visa student completes their educational program, on-campus work authorization will not be allowed anymore unless the J1 visa student obtains academic training time.
Working Off-Campus (Special Situations)
J1 visa students can work off-campus after completing their first academic year if (1) there is severe economic hardship that was caused by unforeseen circumstances beyond the J1 visa student’s control and (2) on-campus employment is unavailable or not enough to meet the needs of the situation.
The off-campus work can only be part-time (20 hours per week) when school is in session but can be full-time (40 hours per week) during school vacations or holidays. Some examples of unforeseen circumstances beyond the J1 visa student’s control can include but are not limited to: large medical bills, natural disaster happened, the currency value of home country decreased substantially, loss of financial aid that was not caused by the J1 visa student, etc.
Social Security Number (SSN)
College or university level J1 visa students who are working (earning money) in the United States should apply for a social security number (Number) with the U.S. Social Security Administration (SSA) before work starts. It is commonly used for filing taxes, opening up bank accounts, and applying for credit cards.
J1 Visa Summer Work Travel Student
Foreign students who are (1) enrolled in a full course of study at an accredited post-secondary school (e.g., college, university) overseas (and have already completed 1 semester of school), (2) in between academic programs, or (3) transferring between schools are allowed to participate in the summer work travel exchange program for the duration of their summer break (or a total of 4 months) where they can legally work (work-based learning) in the United States.
There are no extensions for J1 visas under the summer work travel exchange program, however, a student can use this program more than once.
Summer Job Offer
Students from countries that are in the visa waiver program do not need to have a job offer in advance. The summer jobs under the J1 visa should be only in seasonal or temporary jobs. Most jobs (but not all jobs) under the J1 visa summer work travel exchange program will be in service positions at hotels, restaurants, amusement parks and resorts.
Jobs that cannot qualify under the J1 visa include but are not limited to domestic help positions in private homes (e.g., nanny, elder care, chauffeur, gardener), sales positions that require the J1 visa student to invest their own money (such as for buying inventory), commercial drivers, or clinical care positions that require the J1 visa to have direct patient contact, etc.
Interns and trainees can be allowed to participate in work-based learning programs (legally work) in the United States under the J1 visa. An intern under the J1 visa is a foreign student who is studying full-time at (or has just recently graduated from) a college or university overseas whereas a trainee is a foreign person who is already working in the field. The foreign student here (who is enrolled with a college or university overseas) is different from the J1 visa college or university student who is enrolled with a U.S. school.
Qualified J1 Visa Interns
A qualified intern under the J1 visa must (1) be accepted to participate in an approved J1 visa sponsoring program, (2) be currently enrolled as a full-time student at a post-secondary school overseas (e.g., still attending a university outside the United States) or have graduated from a post-secondary school (e.g., college, university) overseas within 12 months.
Qualified J1 Visa Trainee
A qualified trainee under the J1 visa must (1) be accepted to participate in an approved J1 visa sponsoring program, (2) (a) has a degree or professional certificate from a post-secondary school plus at least 1 year of related work experience in the field, or (b) has 5 years of work experience in their field.
J1 Visa Qualified Training Program for Interns or Trainees
A qualified training program under the J1 visa for interns or trainees must:
- (1)
- Have an approved individualized trainee/internship placement plan (Form DS-7002) or (T/IPP)
- (2)
- Be a full-time program which is at least 32 hours per week
- (3)
- Be at least 3 weeks long
- (4)
- Provide on-the-job training that is incidental and necessary to the training program
- (5)
- Have evaluations of the J1 visa intern or trainee (that are signed by the J1 visa holder and their immediate supervisor) at the completion of the J1 visa training program (and an additional evaluation at the midpoint if the J1 visa program is longer than 6 months)
- (6)
- Health insurance for the J1 visa holder (which is usually provided by the J1 visa program sponsor for an additional fee)
Programs that Cannot Qualify for J1 Visas
A J1 visa cannot include programs that are for:
- (1)
- Unskilled or casual labor job positions
- (2)
- Elder care, child care, patient care, clinical care, medical care (e.g., providing medication, physical therapy, psychological counseling, veterinary medicine, dentistry, social work, early childhood education, speech therapy, sports therapy)
- (3)
- Positions that require more than 20% clerical work which is routine administrative work typically in an office setting (e.g., data entry, mail sorting, or other general office tasks)
- (4)
- Regular staffing employment
DOS Approved J1 Visa Program
Most J1 visa programs are done by a DOS-approved J1 visa program sponsor (umbrella organization) which places the J1 visa holder into a “host organization”.
The J1 visa sponsor must conduct a site visit of the J1 visa host organization before issuing a Form DS-2019 if the hosting organization is hosting the J1 visa training program for the first time and has less than 25 employees or has an annual revenue that is under 3 million dollars. The exception to the J1 visa site visit is when the host organization is an academic institution (school) or a federal, state, or local government office.
Type of Job Occupations for J1 Visas
J1 visa occupations fields include:
- Science, Engineering, Architecture, Industrial, Mathematics, Arts and Culture
- Hospitality and Tourism
- Health-related occupations
- Business, Management, Commerce, and Finance
- Information Media and Communications
- Agriculture, Fishing, and Forestry
- Construction and Building trades
- Education, Social services, Counseling, Social sciences, and Library science
- Law and Public administration
DOS-approved J1 visa program sponsors can be found here.
Persons from countries that have a diplomatic relationship with the United States and are 18 years old to 26 years can be placed with an American host family (cannot be relatives) under the J1 visa to provide 45 hours of childcare per week (as an au pair) while studying at least 6 credits (per semester) at an accredited post-secondary school (e.g., college, university, continuing education program by a college).
EduCare Program J1 Visa Au Pair
If under the EduCare program, the J1 visa au pair would provide 30 hours of childcare per week (and no more than 10 hours per day) while studying at least 12 credits (per semester) at an accredited post-secondary school (e.g., college, university, continuing education program by a college).
J1 Visa Au Pair Validity Time
The au pair under the J1 visa is typically granted for 1 year plus a grace period of 1 month after completion of the program. There is a possibility of extending the J1 visa once for 6, 9, or 12 months (which should be filed at least 1 month before the J1 visa expires). After completing the first au pair program under the J1 visa, the person can apply for a second J1 visa au pair program after 2 years of living outside the United States.
A qualified primary school (elementary school and pre-kindergarten) or secondary school (middle school and high school) teacher under the J1 visa must:
- (1)
- Have a bachelor’s degree (related) in the subject matter or in education
- (2)
- Have at least 2 years of full-time teaching experience after obtaining their degree
- (3)
- Be employed as a teacher at the time of applying for the J1 visa (if not employed as a teacher, the person must have 2 years of full-time teaching experience within the past 8 years and will obtain an advanced degree within 12 months from applying for the J1 visa)
- (4)
- Will be teaching full-time in an accredited U.S. primary or secondary school (or pre-kindergarten if the teaching is in an existing language immersion program)
J1 Visa Primary School & Secondary School Teacher Validity Time
The J1 visas for primary school and secondary school teachers are typically for 3 years, however, it is possible to be extended for 1 or 2 years. Primary school or secondary school teachers under the J1 visa are subject to the 2-year foreign residency requirement which means that the person would need to live overseas for at least 2 years before being able to apply for a new J1 visa (or certain nonimmigrant and immigrant visas).
A qualified professor or researcher under the J1 visa must (1) be teaching, lecturing, consulting, observing, conducting research at an accredited post-secondary (e.g., college, university) school, research institutions, corporate research facilitates, etc., and (2) not be in a tenure track position.
J1 Visa Professor & Researcher Validity Time
Professors and scholars under the J1 visa are typically granted a period of stay for up to 5 years. For J1 visa professors and scholars who finishes a program at one school (or institute) but does not use up the 5 years, they can (1) extend the current J1 visa program to the maximum of 5 years, (2) transfer to another school (or institute) to use up the maximum 5 years, or (3) return to their home country.
Professors or scholars cannot have stayed in the United States under a J1 visa status or J2 visa status during the 1-year period prior to a J1 professor and scholar visa application unless (1) the person is currently under a J1 visa professor and scholar program and is transferring to another school (or institute) using the same J1 visa program, (2) the person was physically in the United States under a J1 visa status or J2 visa status for less than 6 months, or (3) the previous J1 visa program under the was a short-term scholar program.
2-Year Restriction Upon Completion of J1 Visa Professor and Researcher Program
J1 visa professors or scholars can only apply for a second J1 visa professor and scholar program after 2 years upon finishing a J1 visa professor or scholar program (and this applies even if it was less than the maximum 5 years). The exception to this is when the J1 visa holder is given a 5-year J1 visa extension due to their involvement in a research project that is directly funded by the U.S. government. The 2-year restriction here is different from the 2-year INA 212(e) foreign residency requirement.
J1 VISA SHORT TERM SCHOLAR
A qualified short-term scholar under the J1 visa must be (1) a professor, research scholar, or in another similar position, and (2) is coming to the United States to participate in observing, lecturing, consulting, attending professional meetings, participating in workshops, conferences or seminars, or training (or other special skills) at post-secondary schools (e.g., colleges or universities), research institutions, libraries, or museums, etc. The maximum time period allowed for a short-term scholar under the J1 visa is 6 months and no extensions are allowed.
Foreign physicians can enroll or receive training at U.S. graduate medical schools with a sponsored program from the Educational Commission for Foreign Medical Graduates (ECFMG) for up to a maximum period of stay of 7 years. J1 visa doctors are subject to the INA 212(e) 2-year foreign residence requirement, however, waivers can be obtained for this requirement.
Type of Qualified Activities for J1 Visa Foreign Medical Doctors
The J1 visa allows foreign doctors to come to the United States to participate in activities that do not involve direct patient care (e.g., diagnosing, giving patient treatment), which means that foreign medical doctors under the J1 visa will be mostly be observing, teaching, researching, or consulting while in the United States.
Qualified J1 Visa Foreign Medical Doctors
There are 2 types of medical exchange programs for foreign doctors: (1) clinical training for alien physicians and (2) non-clinical training for research scholars.
Clinical Training Exchange Program
If the foreign medical graduate (FMG) or international medical graduate (IMG) is categorized as an alien physician, the foreign doctor must:
- (1)
- Have already passed (a) Part I or Part II of the National Board of Medical Examiners Examination, (b) Step I and Step II of the Foreign Medical Graduate Examination, or (c) the National Board of Medical Examiner’s Visa Qualifying Examination (VQE)
- (2)
- Have a signed contract with an accredited U.S. medical school, an affiliated hospital, or scientific institution that will be providing the medical education
- (3)
- Have a statement from the government of the J1 visa physician’s home country that states the need for the skills that the person will be obtaining in the United States (this should be provided to the HHS)
Non-Clinical Training Exchange Program
If the foreign medical graduate (FMG) or international medical graduate (IMG) is categorized as a research scholar, the foreign doctor must be in the United States to mostly observe, teach, consult, research and no patient care will be done and they can be sponsored by an academic medical center or an accredited U.S. medical school.
Certain J1 visa holders are subject to a 2-year home residence requirement where the J1 visa holder upon completing their J1 visa program must leave the United States and go back to their home country (or last residence country) for 2 years before applying for (1) an immigrant visa (green card) through consular processing or adjustment of status, and (2) changing into or applying for certain nonimmigrant visas (such as the H1 visa, K visa, L1 visa, H4 visa, L2 visa).
Exceptions of the 2-year home residence requirement are reserved for A visa holders, G visa holders, physicians changing into an H1B visa with a waiver, or refugees (or asylees).
J1 Visa 2-Year Home Residence Requirement
A J1 visa holder can be subjected to a 2-year home residence requirement if:
- The J1 visa program is financially backed by the U.S. government or the government of the J1 visa holder’s nationality or last residence.
- The J1 visa holder’s country of residence and field of endeavor (or skills) are in the Skills List at the time the J1 visa was filed or when the person entered the United States (or when the J1 visa’s change of status was approved).
- The J1 visa holder is in the United States to receive graduate medical education or training.
- The J1 visa holder’s Skills List changes and they (a) depart the United States and reenter the United States under a new nonimmigrant visa or (2) falls out of status for any reason but is reinstated.
Satisfying the J2 Visa 2-Year Home Residency Requirements
The J1 visa holder can satisfy the 2-year home residence requirements if the J1 visa holder returns to live in the country listed on the DS-2019 for 2 years in the aggregate (which means the stay does not need to be continuous and can be periods of time added up).
When the J1 visa holder’s country of nationality is different from their country of last residence (the country they last lived in), the home country under the 2-year home residence will still be the country of last residence.
Third-Country Residence
The home country in the 2-year home residence requirement cannot be satisfied by living in a third country unless the reason of living in that third country is because the J1 visa holder is required by their home country’s government to serve in the military or in its career foreign service.
The DOS will require a statement from an official of the J1 visa holder’s home country’s embassy in Washington, D.C. for confirmation. For example, J1 visa holders from the European Union (EU) must still satisfy their 2-year home residency requirement by living in their country of nationality or country of last residence (i.e., the specific country listed on the DS-2019) even if they are an EU citizen or they received individual funding from the EU.
The J1 visa holder can obtain a 212(e) waiver to avoid returning to their home country or country that they last resided in (based on which country was listed in their original DS-2019) for at least 2 years. The reasons for a 212(e) waiver include:
- No objection from the government of the home country (cannot be used for medical graduates unless they were only teaching, consulting, observing, or doing research in the United States and no objection letters typically do not work if the U.S. government is involved in the funding)
- Exceptional hardship to their spouse or child who is a U.S. citizen or green card holder (lawful permanent resident)
- An interested U.S. government agency is requesting the waiver due to public interest and that requiring the J1 visa to leave for 2 years will be clearly detrimental to the agency (e.g., NIH, NASA)
- [Conrad 30 for Foreign Medical Graduates] State Department of Health is requesting due to the J1 visa foreign medical graduate agreeing to provide medical care in a medically underserved area (MUA/P), health professional shortage area (HPSA), or a mental health professional shortage area (MHPSA)
- Fear of persecution based on race, political opinion, or religion
J1 Visa Waiver Filings
The J1 visa waiver recommendation application (DS-3035) is filed online. If the reason for the J1 visa waiver is for exceptional hardship or persecution, the application for the waiver of the foreign residence requirement (Form I-612) will also need to be filed with the USCIS.
Change into H Visa or L Visa After J1 Visa 212(e) Waiver Approval
With a J1 visa 212(e) waiver, the J1 visa holder will be allowed to apply for a green card (permanent residence) or change into an H visa or L visa status without being required to return to their country of obligation for 2 years.
Physicians can waive their 2-year foreign residence requirement under the Conrad 30 J1 visa waiver if they work in federally designated medical staff shortage areas.
The J1 visa physician under the Conrad 30 waiver must (1) obtain a no objection letter (if the medical education or training in the United States was funded by their home country), (2) agree to start working full-time in a healthcare facility within 90 days of the waiver being approved, (3) work full-time in a medical staff shortage area (or in a nondesignated area that is in the public interest) for 3 years. Each State can recommend up to 30 Conrad waivers per year.
Physicians can waive their 2-year foreign residence requirement through interested federal U.S. government agencies (e.g., HHS, Veterans Administration, Delta Regional Authority, Appalachian Regional Commission) if they (1) obtain a no objection letter (if the medical education or training in the United States was funded by their home country), (2) agree to start working full-time in a healthcare facility within 90 days of the waiver being approved, and (3) work full-time in a medical staff shortage area for 3 years (except physicians who will be working for the Department of Veterans Affairs or who will be teaching or training.)
The U.S. Department of Health and Human Services (HHS) provides 2 types of waivers for physicians who are (1) researchers or (2) primary care physicians and general psychiatrists in designated health care professional shortage areas. Primary care includes internal medicine, family practice, pediatrics, or gynecology/obstetrics.
J1 visa holders are allowed to enter the United States within the 30-day period prior to their program’s start date and are allowed a 30-day grace period of authorized stay in the United States after the J1 visa holder has completed their program.
J1 Visa Students
Most post-secondary students (e.g., college, university) under the J1 visa are granted a period of stay for the time required to complete their degree and up to 18 months of academic training time (to legally work). However, there is a maximum period of stay of 2 years if it is a post-secondary non-degree program under the J1 visa.
Post-Doc Students
Post-doctoral students under the J1 visa are typically granted a period of stay for up to the time required to complete their degree and up to 36 months for academic training (which are given in 18-month increments).
High School Students
High school students under the J1 visa can be granted a period of stay up to 1 year.
Summer Work Travel Exchange Program Students
Students under J1 visa summer work travel exchange programs can be granted a period of stay for up to 4 months.
J1 Visa Interns & Trainees
The initial J1 visa can be granted for a period of stay for up to 12 months for interns and up to 18 months for trainees. Typically, most J1 visa programs in the agriculture or hospitality and tourism field can only be granted a period of stay for up to 12 months. However, J1 visa programs in the agricultural field for trainees may still be granted a period of stay for up to 18 months if 6 months is related to attending and studying in the classroom, and management programs (e.g., turf management, restaurant management) in the hospitality and tourism field under the J1 visa can also be granted up to a period of stay for up to 18 months. J1 visa programs in the hospitality and tourism field that are over 6 months must also include 3 departmental or functional rotations.
J1 Visa Au Pair
Most J1 visa au pairs can be granted a period of stay for up to 12 months. Extensions (renewals) of the J1 visa can be done once and the periods that can be granted are 6 months, 9 months, or 12 months. The J1 visa extensions for au pairs should be filed at least 1 month before the J1 visa’s expiration date. After completing the first au pair program under the J1 visa, the person can apply for a second J1 visa au pair program after 2 years of living outside the United States.
J1 Visa Primary School and Secondary School Teachers (Elementary School, Middle School, High School)
Most primary school (elementary school) and secondary school (middle school and high school) teachers under the J1 visas can be granted a period of stay for up to 3 years.
J1 Visa Short Term Scholars
Short-term scholars under the J1 visa are typically granted a period of stay for up to 6 months.
J1 Visa Professors and Scholars
Most professors and scholars under the J1 visa can be granted a period of stay for up to 5 years excluding (1) persons who are already in the United States under a J1 visa status or J2 visa status for more than 6 months during the 1-year period immediately prior to the new J1 visa program and are not simply transferring under the current J1 visa program, and (2) persons who have just finished up a J1 visa professor and scholar program within the past 2 years (this is not the INA 212(e) foreign residence requirement) and are not involved with a project that is sponsored by the U.S. government.
There are no limits on how many times a person can be on a J1 visa if (1) the subsequent (second or following) J1 visa program will be used to develop skills that are more advanced or is in a different field of expertise and (2) the J1 visa holder meets the required qualifications for eligibility (such as a J1 visa trainee who has worked in the field for 5 years).
J1 visa interns can obtain second internships with the same or a different J1 visa sponsor (or host organization) if (1) they remain in a student status, (2) is starting their new internship within 12 months of graduating from their educational program, or (3) have completed their academic degree and is now enrolled in another educational program to pursue an academic degree of a higher level (such as pursuing a Master’s degree upon obtaining their Bachelor’s degree).
However, if the J1 visa holder is a trainee or an intern is ineligible for a second internship (or graduated more than 12 months before the second J1 visa programs start date), then the J1 visa holder must reside (live) abroad for 2 years before applying for a second J1 visa program.
J1 Visa Holder Changes to Another J1 Visa Program That is Not Subject To 2-Year Foreign Residence Requirement
J1 visa holders, who are subject to the 2-year foreign residence requirement under their first J1 visa program but later changes to a J1 visa program that is not subject to the 2-year foreign residence requirement, can still continue to re-enter the United States on their second J1 visa before satisfying their 2-year foreign residence requirement.
There are numerous types of categories under the J1 visa which have different documentation requirements, however, for simplicity we will focus on the common documents that are required for the J1 visa below.
The evidence provided to the U.S. consulate or embassy for J1 visas (exchange visitor) must show:
- (A)
- The foreign person is eligible for the J1 visa program
- Passport (that will remain valid for at least 6 months from the date entering the United States)
- Certificate of Eligibility for Exchange Visitor Status (Form DS-2019)
- Offer letter from the J1 visa sponsoring host organization or admission letter
- Educational records (e.g., degrees, diplomas, transcripts, certificates)
- Work experience letters from past employers (should include job duties)
- One U.S. passport style photo
- Training/Internship Placement Plan (Form DS-7002)
- Non-immigrant visa application (Form DS-160)
- Receipt of the SEVIS fee (Form I-901) payment
- Reciprocity fees may be required from certain countries
- (B)
- The foreign person has sufficient English skills to participate in the J1 visa program
- TOFEL, IELTS test scores
- Educational records (e.g., degrees, diplomas, transcripts, certificates)
- (C)
- The J1 visa holder will be maintaining a foreign residence overseas and has sufficient funds for their time in the United States
- Deeds, property titles
- Mortgages
- Leases
- Letter from foreign employer that confirms a job offer after the J1 visa training program is completed
- Documents that show continued enrollment in a foreign school
- Sabbatical arrangements
- Bank statements
- Documents that show family or community ties to home country
- Documents that show financial support from third party (e.g., letter explaining the financial support from the organization funding the J1 visa holder)
- (D)
- Have obtained the required health insurance for the J1 visa
- Health insurance documents that show coverage for the duration of the J1 visa
＊There may be specific requirements for different U.S. embassies and consulates.
J1 visa holders who are working (earning money) in the United States should apply for a social security number (Number) with the U.S. Social Security Administration (SSA) before work starts. It is commonly used for filing taxes, opening up bank accounts, and applying for credit cards
Documents that will generally be required to apply for the social security number (SSN) with the SSA office include:
- Form I-20 (with the academic training notation)
- Passport (valid and unexpired)
- Arrival and departure record (Form I-94)
- Job offer letters
- Employment Authorization (EAD card) if it is employment based on academic training
There are 3 main steps in the general process of obtaining the J1 visa:
Step 1: Acceptance by Sponsoring Program
The J1 visa holder must first apply to and be accepted to a U.S. Department of State-approved sponsoring program. After acceptance, the sponsoring agency will typically send instructions to the J1 visa holder on what they will need to do to proceed and the responsible officer (RO) or alternate responsible officer (ARO) will provide a Certificate of Exchange Visitor Status (DS-2019) and an executed Training/Internship Placement Plan (Form DS-7002) to the J1 visa holder. The J1 visa holder will then set up a SEVIS account (Student and Exchange Visitor Information System) online and pay a fee to submit their J1 visa application (Form I-901).
Step 2: Interview at U.S. Consulate or Embassy
The J1 visa holder will then schedule to have an in-person interview at the U.S. consulate or embassy typically in their home country. If the J1 visa holder is approved at the end of the in-person interview, their passport will be taken and a J1 visa stamp will be put into it. The passport with the new J1 visa stamp will typically be ready in a few days to be picked up or mailed to the J1 visa holder’s home address.
Step 3: Enter the United States & Maintain J1 Visa Status
After arriving in the United States, the J1 visa holder must report to the sponsoring agency and participate in the exchange program to maintain their J1 visa status.
There are 3 main steps in the general process of obtaining academic training time under the J1 visa for students who are enrolled in a post-secondary (e.g., college, university) U.S. educational program:
Step 1: Job Offer that is Directly Related to Field of Study
The J1 visa student should obtain a job offer for a position that is directly related to the field of their study. If the job description does not clearly show how the work will be related to the J1 visa student’s degree, a signed explanation letter from the supervisor, manager, or hiring staff of the U.S. employer should be provided.
Step 2: Academic Training Application with School
The J1 visa student would go through an internal application procedure set by their school (typically with the international student’s department) to obtain a new Form DS-2019 and authorization letter for their academic training from a responsible officer (or alternate responsible officer). This academic training authorization letter must be obtained before the expiration date of the Form DS-2019 or the official end date of the degree program (whichever is earlier).
Step 3: Maintenance of Academic Training Time
The J1 visa student should not be unemployed during their academic training time and should report back to the school within 10 days of any changes in their academic training employment (e.g., name or address changes of employer, or job termination). J1 visa students can work for multiple employers during their post-completion (i.e., after completing their educational program) academic training time, however, each employment must be approved by the U.S. school.
The J1 visa student should also be continuously enrolled with the school to maintain their academic training eligibility. When the J1 visa student transfers to a different school or begins to study at another education level, their current academic training authorization will be automatically terminated.
There are 2 main steps in the general process of obtaining a social security number (SSN) under the J1 visa:
Step 1: Obtain Job Offer Letter (On-Campus & Off-Campus Employment, AT)
The J1 visa student must first have a job offer letter for their academic training or student employment (on-campus and off-campus employment). The employment letter typically will be printed on the company’s letterhead and include the job title, start date, work hours per week, the supervisor’s title and phone number, and the signature of the hiring person.
Step 2: File the Social Security Number Application with the SSA Office
The J1 visa student should file the social security number application with the Social Security Administration office no more than 30 days before the employment start date (which means filing earlier than 30 days before the job starts may result in a denial).
The total time a J1 visa takes is usually related to the appointment time of the J1 visa application at the U.S. consulate or embassy overseas (if the person is not already in the United States or is ineligible to do a change of status within the United States) which can vary among different countries and seasons. Estimated appointment wait times can be checked here.
Academic Training Processing Time
The total time an academic training application takes is consisted of the processing time for the school to internally process the new Form DS-2019 and the academic training authorization letter. The academic training authorization letter should be obtained by the J1 visa student before the expiration date of the Form DS-2019 or the official end date of the degree program (whichever is earlier).
＊Please note, the J1 visa student cannot start working before their approved academic training is approved by the U.S. school.
Changes in the J1 visa holder’s circumstances usually includes (1) the J1 visa holder transferring into a new J1 visa program, (2) the J1 visa holder is changing into a different type of category (identity), (3) the J1 visa holder is changing into another nonimmigrant visa status, or (4) there was a material change in the J1 visa holder’s visa eligibility.
Change in J1 Visa Program
J1 visa holders are allowed to transfer to a new J1 visa program in the same category of activity by obtaining release from the current J1 visa sponsor and a new Form DS-2019.
Change in Type of Category (Identity)
J1 visa holders can change the type of category (identity) under the J1 visa if the change is consistent or closely related to their original objective. For example, it is possible for a J1 visa holder to change from a research scholar category to a trainee category whereas it is not possible to change from a student category to a professor and research scholar category.
Changing into a J1 Visa from Another Nonimmigrant Visa
Changing to a J1 visa from another nonimmigrant visa status is possible, however, in most cases it is more favorable to leave the United States and apply for the J1 visa overseas because (1) the change of status within the United States takes a couple of months to process and the J1 visa holder cannot participate in the J1 visa training program during that period of time, (2) most J1 visa sponsors usually do not issue DS-2019 to J1 visa holders who are already in the United States unless they have another nonimmigrant visa status that allows them to live in the United States (e.g., TD visa status, H4 visa status), and (3) the person may be required to travel internationally before changing into their J1 visa status which would result in their change of status application being abandoned.
J1 Visa Changing into Another Nonimmigrant Visa
J1 visa holders can change into certain nonimmigrant visas if (1) they are not subject to a 2-year home residence requirement, (2) they have a waiver of the 2-year home residence requirement, or (3) they are subject to a 2-year home residence requirement but they are changing into a nonimmigrant visa that is not the H visa, K visa, or L visa (however, the J1 visa holder must process this through consular processing which means the person would need to leave the United States and apply through the U.S. consulate or embassy in their home country).
For example, a J1 visa holder who is subject to the 2-year home residence requirement can later change into a O1 visa status, TN visa status, or E3 visa status without needing to satisfy the requirement first.
J1 Visa Status Changing To or From J2 Visa Status, F1 Visa Status, F2 Visa Status
It should be noted that J1 visa holders changing to or from a J2 visa status, F1 visa status, or F2 visa status will be relatively more difficult compared to where the J1 visa holder is just trying to extend their stay in the United States.
The U.S. school can make corrections for minor J1 visa violations whereas only the DOS can reinstate the J1 visa status when there are substantial J1 visa violations. Some J1 visa violations cannot be corrected and the J1 visa holder will need to leave the United States.
Minor Violations
If the J1 visa student falls out of status due to a minor violation, the J1 visa can be corrected internally by the responsible officer or alternate responsible officer at the U.S. school. Minor violations include:
- Mistakes or negligence of school staff (e.g., student advisor)
- Failure to timely extend the Form DS-2019 (delay was less than 120 days)
- Failure to complete the transfer of a prior program before the end date listed on the current Form DS-2019 (delay was less than 120 days)
Substantive Violations
If the J1 visa student falls out of status due to a substantive violation, the J1 visa must be reinstated by the U.S. State Department. Substantive violations include:
- Being out-of-status for more than 120 days after the end date of the J1 visa student’s current Form DS-2019
- Failing to maintain a full course of study (e.g., dropping credits below a full course of study without being approved)
Violations that Cannot be Cured
If the J1 visa student falls out of status due to a violation that cannot be cured, the J1 visa student must leave the United States immediately to avoid deportation. Violations that cannot be cured include:
- Not obtaining and maintaining the required health insurance willfully (intentionally)
- Failure to report address changes
- Working illegally (i.e., without any work authorization)
- Suspended or terminated from the current J1 visa program
- Being out-of-status for more than 270 days
- Failing to maintain the original objectives listed on the Form DS-2019
- Receiving a favorable recommendation from the DOS for the INA 212(e) waiver for the 2-year home residence requirement
Dependent family members (spouse and unmarried children under 21 years old) of J1 visa holders are allowed to stay in the United States under the J2 visa status for the same duration as the J1 visa holder.
The J2 visa family members can legally work in the United States by filing for an employment authorization document (EAD, Form I-765), however, their income cannot be used to support the minimum financial needs of the J1 visa holder. J2 visa family members can also study part-time or full-time while in the United States without needing to change into another nonimmigrant visa status (e.g., F1 visa).
Dual intent visas allow the foreign person to have both an intent to temporarily stay in the United States and an intent to permanently stay in the United States. The intention to permanently stay in the United States can be shown when the foreign person has a pending green card petition with the USCIS or an approved PERM labor certification from the U.S. Department of Labor.
The J1 visas are not dual intent visas which means that the timing of any green card application or petition must be carefully strategized because having dual intention (which is possessing an immigrant intent and a nonimmigrant intent at the same time) is not allowed for J1 visa holders. The J1 visa holders are only allowed to have nonimmigrant intent and are required to maintain a foreign residence (i.e. home address overseas) that they do not intend on abandoning.
Immigrant Intent Shown Under J1 Visa
Showing an immigrant intent can cause issues with the J1 visa holder’s eligibility to renew (extend) their visa or apply for other nonimmigrant (temporary) visas to travel to the United States. For example, a J1 visa renewal (extension) will likely be denied if the J1 visa holder has a green card petition pending (which shows immigrant intent).
Another issue that may arise when the J1 visa holder shows an immigrant intent is when they return to the United States after traveling internationally. For example, a J1 visa holder who has a pending green card application may likely be denied admission into the United States by the CBP officers at the border (e.g., airport) because it is likely that the CBP officer will not believe that the J1 visa holder is just planning on staying in the United States temporarily.
So, unlike people under visas (e.g., H1 visa, L1 visa) that allow dual intention, J1 visa holders in most cases should avoid traveling internationally after they have filed for an adjustment of status (which shows immigrant intent) to change into their green card status and should be highly cautious of traveling internationally after they have a pending green card (immigrant visa) petition.
J1 visas are commonly used by foreign students who are financially sponsored to study in the United States and for professors and research scholars to participate in information exchange in the United States. The J1 visa programs typically have a cultural component to it because its main purpose is to strengthen ties between the United States and other countries through experiences of cultural exchange.
The main alternatives to the J1 visa would be the F1 visa for students that are enrolled in academic educational programs, or H3 visa for trainees (or special education exchange visitors) to receive training in any field and the M1 visa for students that are enrolled in vocational educational programs (or nonacademic educational programs).
In general, the J1 visa is more restrictive than the F1 visa:
F1 Visa | J1 Visa |
|---|---|
F1 visas are for academic educational programs that can be paid for using: (1) Personal funds (2) Family funds (3) Other third parties For the initial F1 visa to be issued, the funds must be enough to cover costs for the first year | J1 visas are for sponsored academic educational programs that must be substantially (51%) paid for by a: (1) Government (e.g., U.S. government, home country government) (2) Institution (e.g., an international organization such as the NATO, EU, UN) For the initial J1 visa to be issued, the funds must be enough to cover the costs for the entire duration of the J1 visa program |
Can work in a job directly related to the major that they are studying in. The work can be done during and/or after completing their educational program:
| Can work in a job directly related to the major that they are studying in. The work can be done during and/or after completing their educational program:
|
Can usually change into other eligible nonimmigrant visa statuses (or an immigrant visa status) with no specific restrictions | J1 visa students and their J2 visa family members may be subjected to the (1) INA 212(e) 2-year home residence requirement and (2) the 1-year bar for professors and research scholars if they held a J1 visa status or J2 visa status for more than 6 months during the 1-year immediately prior to applying for a J1 visa professor and research scholar program |
F2 visa family members cannot legally work in the United States
F2 visa children can study full-time in elementary schools and secondary schools (i.e., kindergarten to 12 grade-high school)
F2 visa spouses and F2 visa children who have graduated from high school can only study part-time (i.e., less than a full course of study) at a SEVP-approved school (can be for an academic or vocational educational program) or (2) study in recreational or avocational programs (e.g., non-academic hobbies) full-time | J2 visa family members can legally work in the United States by filing for an EAD card (employment authorization) with the USCIS. However, the income of the J2 visa family members cannot be used to financially support the J1 visa
J2 visa family members can study part-time or full-time in the United States with no specific restrictions like F2 visa family members
|
60-day grace periods are given to F1 visa students after their educational program or OPT ends | 30-day grace periods are given to J1 visa students after their educational program or academic training time ends |
F1 Visa | J1 Visa |
|---|---|
Financial Funding | |
F1 visas are for academic educational programs that can be paid for using: (1) Personal funds (2) Family funds (3) Other third parties For the initial F1 visa to be issued, the funds must be enough to cover costs for the first year | J1 visas are for sponsored academic educational programs that must be substantially (51%) paid for by a: (1) Government (e.g., U.S. government, home country government) (2) Institution (e.g., an international organization such as the NATO, EU, UN) For the initial J1 visa to be issued, the funds must be enough to cover the costs for the entire duration of the J1 visa program |
Legally Work | |
Can work in a job directly related to the major that they are studying in. The work can be done during and/or after completing their educational program:
| Can work in a job directly related to the major that they are studying in. The work can be done during and/or after completing their educational program:
|
Changes in Nonimmigrant Status | |
Can usually change into other eligible nonimmigrant visa statuses (or an immigrant visa status) with no specific restrictions | J1 visa students and their J2 visa family members may be subjected to the (1) INA 212(e) 2-year home residence requirement and (2) the 1-year bar for professors and research scholars if they held a J1 visa status or J2 visa status for more than 6 months during the 1-year immediately prior to applying for a J1 visa professor and research scholar program |
Dependent Family Members | |
F2 visa family members cannot legally work in the United States
F2 visa children can study full-time in elementary schools and secondary schools (i.e., kindergarten to 12 grade-high school)
F2 visa spouses and F2 visa children who have graduated from high school can only study part-time (i.e., less than a full course of study) at a SEVP-approved school (can be for an academic or vocational educational program) or (2) study in recreational or avocational programs (e.g., non-academic hobbies) full-time | J2 visa family members can legally work in the United States by filing for an EAD card (employment authorization) with the USCIS. However, the income of the J2 visa family members cannot be used to financially support the J1 visa
J2 visa family members can study part-time or full-time in the United States with no specific restrictions like F2 visa family members
|
Grace Period | |
60-day grace periods are given to F1 visa students after their educational program or OPT ends | 30-day grace periods are given to J1 visa students after their educational program or academic training time ends |
If you have a J1 visa (Student, Professor, Research Scholar, Teacher, Au Pair, Intern, Trainee) related immigration question, please fill out our form first or send us an email with the required information and we will do our best to respond in 48 hours.
How we can help?
Most J1 visa issues can be solved by contacting the U.S. school’s international student’s department, however, we are here to help when issues cannot be simply resolved by the U.S. school’s responsible officer (or alternate responsible officer) and requires the skills of a U.S. immigration attorney. We can help with questions such as issues related to J1 visa waivers, J1 visa or J2 visa extensions, changes between visas, and planning for future nonimmigrant visas (H1B visas) or green card applications (or petitions).
What does the typical process look like to retain (hire) us?
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- Step 5:
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- Fill out the form (with some basic information on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment online
- Attend scheduled appointment (typically a phone call or zoom meeting)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
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- Step 5:
- a.
- b.
- c.
- Step 6:
- Step 7:
- Step 8:
- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
- Step 1:
- Step 2:
- Step 3:
- Step 4:
- Step 5:
- a.
- b.
- c.
- Step 6:
- Step 7:
- Step 8:
- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming content of documents that will be submitted
- Filing the case
- Following up on the case status
- Close the case when a final determination is issued
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