THE HOLT LAW GROUP

J-1: Exchange Visitor Visas

The J-1 allows foreign nationals to come temporarily to the U.S. for work experience or engage in cultural activities. Applications must demonstrate the individual has a residence abroad which he/she does not intend to abandon, and proof they will not immigrate to the U.S. The minimum requirements vary according to the sponsor, between a Bachelor’s Degree to a High School Diploma. Sponsors may have age or other requirements.

Application procedure:

Form DS-2019, Certificate of Eligibility for Exchange Visitor Status, is required from the sponsor. DS-2019 is not valid for travel unless accompanied with a J-1 visa.

Two-Year Foreign Residence Requirement

Some J-1 programs require the foreigner to return to their country of nationality for at least 2 years before becoming eligible to return to the U.S. Programs that require foreign residency are generally:

- A program that was financed in whole or part, directly or indirectly, by an agency of the U.S. government or by the exchange visitor's country or last residence; or
- The exchange visitor’s country has been designated as requiring the services in the field of specialized knowledge or skills in which the alien was engaged during the exchange visitor program; or
- The exchange visitor was a physician who entered the U.S. to receive medical education or training.

Dependents: 

Spouses and unmarried children under 21 are able to live in the U.S. on a J-2 visa. Each may obtain employment, but J-2 dependents may not if the income is needed to support the J-1 principal alien.