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J-1 visas are meant for foreign nationals who are coming to the United States as exchange visitors, trainees, interns, and for some Department of State (DOS) programs. These programs are meant to encourage understanding among countries who participate and of United States foreign policy objectives. Individuals who are foreign medical graduates, leaders in a specialized field, professors, research assistants, scholars, specialists, students, teachers, trainees, and individuals with other similar titles can qualify for a J-1 visa. However, the focus of this writing will be on trainees and interns.
Foreign nationals applying for J-1 visas must have a sponsor. The sponsor is in charge of approving the foreign national’s intended program, whether that be training, an internship, or other activity. The process for applying for a J-1 visa differs from other visas in many ways. One such way is that it is required that the sponsor also issue a DS-2019, or, Certificate of Eligibility, in order for the foreign national to apply for a J-1 visa. Likewise, it is also required that the foreign national demonstrate nonimmigrant intent, meaning that they plan to stay in the United States temporarily and that the foreign national has a qualifying educational or professional background.
J-1 visas may be valid from 12 to 18 months, 12 months typically for internships, and 18 months for trainings. Under certain circumstances, it is possible to receive an extension or apply for another J-1 visa. J-1 visa holders may also have their family, including spouses and children, come to the United States with a J-2 visa. With a J-2 visa, individuals are allowed to study and to work, as long as they are not using their income solely to support the J-1 principal visa holder.
There are many requirements specific to J-1 visas that applicants should be aware of.
The two main programs individuals can apply for a J-1 visa with are internships and trainings. Other programs include positions as au pairs, government visitors, camp counselors, college students and university students, international visitors, specialists, physicians, research scholars, secondary school students, professors, scholars visiting for a short period, individuals partaking in summer work travel, and teachers. No matter what type of program is chosen, the program must be full time, or, at least 32 hours per week, and must last at least 3 weeks. There are some specific requirements depending on the field of the program that apply to both internships and training. If the program is in the field of hospitality and tourism and lasts for longer than 6 months, the individual must make three departmental changes within the program. Management programs that are in the fields of agriculture and hospitality and tourism can be 18 months long. However, the same rule does not apply for programs that rotate an individual through various departments and ultimately place them in a single supervisory role at a hotel or restaurant. All programs must meet the requirements of the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act. This must be certified by the J-1 sponsor or the host organization.
Training and internships cannot replace actual employment or displace United States workers. Programs are not allowed to include unskilled labor positions or casual labor positions, clinical patient care or patient contact (including therapy and other medical care), positions that consist of greater than 20% of clerical work (this includes administrative work, mailing, filing, data entry, etc.), positions that could threaten the reputation of the Exchange Visitor Program, or positions relating to aviation
Individuals who are applying for a J-1 visa for an internship program must currently be enrolled in a recognized post-secondary institution that grants degrees or certificates abroad and must be actively pursuing their studies, or they must have graduated from one of the recognized institutions less than a year before their exchange visitor program begins. In this case, an internship can be defined as a guided and structured work/learning program within the individual’s academic field that allows for the individual to be exposed to work-based experience as well as American techniques, American technologies, an American methodologies while contributing to the individual’s knowledge of American society and culture. An internship can last for one year, depending on the field of the program. Work experience is not required for interns.
Individuals who are applying for a J-1 visa for a training program must have a degree or certificate from a recognized post-secondary institution abroad along with 1 year of work experience in their field abroad or the individual must have at least 5 years of experience working abroad. A training program can be defined as a guided and structured work/learning program. The program must help the individual develop skills in the field through exposure to American techniques, American technologies, and American methodologies while contributing to the individual’s knowledge of American society and culture. A training program can last for 18 months. Programs that are in the fields of agriculture or hospitality and tourism may only last for 12 months. Programs in agriculture may be permitted to be 18 months long instead of 12 months if the additional 6 months are for classroom time.
There are also special programs made for citizens of specific countries by the Bureau of Education and Cultural Affairs (ECA). Individuals from South Korea may partake in the Work, English Study, Travel (WEST) program as of October 31, 2008. Under this program, individuals who are currently enrolled in a university or have recently graduated from a university can come to the United States to work in an internship, study English, and independently travel for up to 18 months with a J-1 visa. The goal of the program is for Korean individuals to experience American business practices, procedures, culture, and office management. The program has a limit of 2,000 individuals per year, although this limit has historically not been met. To qualify for the program, individuals must be citizens of South Korea, be approved by the South Korean government to participate in the program, be currently attending university or have graduated from university less than a year before the program, and have proof of sufficient funds for the trip. Individuals cannot bring dependants with them to the United States under this program.
A similar program exists for Irish citizens called the Intern Work and Travel (IWT) program. Under this program, individuals who are currently enrolled in a university or recently graduated from a university can come to the United States for an internship and for independent travel. There is a yearly limit of 1,300 individuals who may come to the United States through the program. To qualify for the program, individuals must be citizens of Ireland, be currently enrolled at a University or have graduated from a University less than a year prior to the program, and have proof of sufficient funds for the trip. Individuals cannot be vocational students unless their program will lead to them receiving a degree or certificate that is the equivalent of level IV in the Irish Higher Educational System and cannot bring dependants with them to the United States. However, individuals who come to the United States through this program may find an internship with an approved host organization once they have reached the United States, it is not required that individuals have acquired an internship beforehand.
J-1 internships and training cannot be positions for regular employment and cannot be used to fill positions that could be held by a United States worker. Program sponsors are responsible for making sure that this requirement is met. Thus, J-1 programs cannot be used to help the employer fulfill their staffing needs, cannot use J-1 holders as cheap labor, and cannot use a J-1 visa as an alternative to an H-2B visa. Work is allowed if it is considered to be on-the-job training that has been included in the DS-2019 form. Host organizations must be sure to make their training and internship programs very detailed in order to reduce the concern of fraud. Likewise, training that is offered through programs should not be the same training that the host organization’s new employees would receive.
Employment authorization is not required for individuals who are partaking in an approved J-1 program that takes place at the employer’s worksite. A labor condition application is also not necessary. Likewise, individuals can receive payment in the form of a salary from the host organization or the sponsor if the payment is for an activity that is part of their program.
In order to apply for a J-1 visa, individuals must have a program sponsor. Sponsors are responsible for selecting the individual, monitoring the individuals stay, and for explaining how their program operates. They also connect the individual with an employer. Sponsors can be government organizations, academic organizations, research organizations, and private sector organizations, although they must be designated as Exchange Visitor Program sponsors. Sponsors must apply through the United States Department of State (DOS) with a DS-3036 form in order to become an approved program sponsor. There are financial and obligatory requirements that sponsors must be able to meet. To stay a designated sponsor, organizations must have at least 5 participants a year.
Sponsors must be sure that host organizations comply with specific requirements. Host organizations must sign a completed DS-7002 form to confirm that placements match the objectives of the program, must tell the sponsor of changes in the program or emergencies that the individual may have, must comply with local, state, and federal occupational health laws and safety laws, must comply with the sponsor’s program rules, and must be sure that internships fit the experience of the interns. Sponsors themselves must make sure that interns and trainees are selected, placed, supervised, and evaluated properly, they must act as facilitators, counselors, and provide information for interns, trainees, and at times for host organizations. They must be sure that programs balance the foreign nationals’ learning with contributions to their host organization, that programs are full-time, or, 32 hours a week, and finally, that host organizations or other involved entities know the regulations and the objectives of the Visitor Exchange Program and adhere to qualifying regulations.
Thus, the sponsor is required to screen host organizations (this includes obtaining their Federal Employer Identification Number, or, FEIN, and the state’s Worker’s Compensation Insurance Policy or the equivalent, and verifying the organization’s contact information through a third party) and conduct site visits if necessary. Regardless of whether or not the program is through the sponsor or a host organization, the sponsor must be sure that there is enough resources, equipment, and personnel for the program, be sure that knowledgeable staff supervise the foreign national, be sure that interns and trainees through classroom training, on-the-job training, seminars, and other activities gain skills and knowledge, and that foreign nationals are evaluated. Sponsors must also be sure that no United States worker is displaced by the foreign national, that the foreign national is not simply filling a need for labor, be sure that the programs solely exist to fulfill the training or internship goals, and be sure that agricultural programs meet the regulations of the Fair Labor Standards Act and Migrant and Seasonal Agricultural Worker Protection Act. Finally, the sponsor must be sure that applicants are properly screened and interviewed by the sponsor themself. The sponsor must save documents relating to their obligations for at least 3 years after the program ends, keep the Student and Exchange Visitor Information System (SEVIS) up to date if the foreign national’s information changes, and be sure that the foreign national has health insurance for their stay.
Sponsors must conduct site visits if the host organization has not worked with the sponsor’s programs before and if the host organization has less than 25 employees or makes less than $3,000,000 each year. This is to be sure that the host organization has the resources for the program and understand the objectives and regulations of the Visitor Exchange Program. Site visits are not required if the host organization is a government office or an academic institution.
Sponsors must also issue DS-2019 forms through the Student and Exchange Visitor Information System (SEVIS) after approving a program. Programs should be designated to a certain occupational category, although organizations can have programs in multiple categories. Before a sponsor can issue a DS-2019 form, they must receive a completed DS-7002 form from the intern or trainee that has been signed by all of the necessary parties. They also must confirm that the individual has the English language skills and educational/professional backgrounds proficient for the program. A DS-2019 cannot be issued if the host organization has not been decided upon or has not signed the DS-7002 form (not including the IWT program), if the foreign national does not have sufficient funds for the length of their stay, or if the program is the same as one that the foreign national’s has previously participated in.
Applications for the J-1 program must include detailed information on the proposed program. Information such as goals of the internship or training, knowledge, techniques, and skills that the individual will learn, and details on how the individual will be evaluated should be included on the DS-7002 form. Internship programs must include information on how the program may be split into parts (including training methodology, syllabus, and chronology of each section including departmental changes). Internship programs must also include details on the role of the intern in relation to the organization, details on the departments and functions that the intern will work in, and details on the specific tasks that the intern will complete.
Sponsors and host organizations can conduct program evaluations, which are mandatory. The evaluation must be done before the end of the internship or training program, and the evaluation form must be signed by the foreign national and the foreign national’s supervisor. The J-1 sponsor should save the evaluation forms for 3 years after the program ends.
If a sponsor uses a third party entity in order to help with training and internship programs, the sponsor has a few more responsibilities. The sponsor must be sure that the third party follows the requirements of the Visitor Exchange Program as with the host organization. Likewise, there must be a written agreement between the sponsor and the third party which authorizes the third party to act on behalf of the sponsor for the program and outlines the relationship and details of the work between the two parties.
On top of the qualifications for internship programs and training programs mentioned above, there are a few other specific requirements that applicants for J-1 visas must meet.
Individuals who are applying for J-1 visas must be able to demonstrate nonimmigrant intent. This means that they have a permanent residence and ties abroad and plan to only stay in the United States temporarily. Under the Fulbright-Hays Act, the act that created these programs, individuals should return home in order to share their experiences. Officers will focus on the individual’s immediate intent, similar to student visas (and unlike B visas), meaning since the duration of stay may be long term, the focus should be on whether or not the individual intends to leave the country at the end of their program. Proof of nonimmigrant intent can include evidence of enrollment in school, bank statements, evidence of ongoing familial ties, or community relationships.
However, unlike some other visas, J-1 visa holders do not have dual intent. This means that if an individual has filed an employment-based immigrant visa petition or holds an approved labor certification application, it most likely will be difficult for them to also receive a J-1 visa. Under some circumstances, this may be allowed, although the application has a higher likelihood of being denied.
Individuals are required to have adequate funds for their trip to the United States, covering the full length of their program. Individuals should show that they have sufficient funds to cover their travel expenses, room and board, and any other expenses they may have while in the United States, whether that be by themselves or with the help of other arrangements. If an individual will receive a stipend for their program it must be stated on the DS-2019. However, stipends that are unusually high can indicate to the officer that the individual’s program is actually employment. Proof of sufficient funds includes bank statements, evidence of financial support, and evidence of assets.
Individuals are required to have sufficient English proficiency in order to function in their daily work. This can be proved through a known English language test, proof from an English language school or academic institution, or through the sponsor’s interview with the individual.
The Student and Exchange Visitor Information System (SEVIS) is used to maintain data on exchange students. Information from the system is shared with the United States Citizenship and Immigration Services (USCIS), Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), Department of State (DOS), and program sponsors to keep immigration statuses up to date and keep track of any major changes in exchange visitors’ statuses. Each J-1 individual has their own record, along with each of the individual’s dependents. The program sponsor is required to update the Student and Exchange Visitor Information System (SEVIS) with name changes, addresses, and program start and end dates.
The Student and Exchange Visitor Information System (SEVIS) fee of $190 must be paid unless the federal government sponsors the program. There are various ways to submit the fee, including through the mail and online with a credit card. The foreign national does not need to pay the fee themselves, thus, the sponsor or host program may pay for it. The Student and Exchange Visitor Information System (SEVIS) fee also must be paid if an individual is applying for a change of status, is applying to change the program category, is changing from a federal government-funded program to a program not funded by the federal government, or is seeking for J-1 status to be reinstated. The fee does not need to be paid if an individual is applying for an extension, is applying to change program sponsors, and if the individual is reapplying for a new J-1 visa in the same category within 12 months of being denied. J-2 dependents do not need to pay the fee.
Individuals can apply for extensions as long as the extensions will not exceed the program length limitations (12 months for an internship, 18 months for training). Agricultural training programs, however, cannot be extended to 18 months by adding 6 months of classroom instruction. Classroom instruction must have been part of the original program to qualify.
It is possible for individuals to change their status to J-1 from another visa status, however, it is perhaps the easiest to leave the United States and apply from abroad. Individuals can change their status from J-1 as long as they are not required to follow the 2-year foreign residence requirement.
Individuals may also change from one program to another. If the program is in a different category, a new application will need to be submitted to the Department of State (DOS). The program should have similar objectives to the former program. An individual may change from one designated program to another within the same category if a new DS-2019 is issued, the former J-1 sponsor allows for the release, and if the Department of State (DOS) is notified.
In some cases, foreign nationals may be required to return to their home country for at least 2 years before applying for another J-1 visa. If an individual participated in a program that was funded (fully or in part) by the United States government or by the government of his home country, if the individual’s home country and field of skill/study are on the Skills List when they apply for the J-1 visa or arrive in the United States, or if the individual came to the United States for graduate medical training, they will have to follow the 2-year foreign residence requirement. The Skills List is a list of fields that are necessary for a country to develop. The requirement of physical presence in the home country or last country of residence (if this differs from the country of nationality) can be cumulative, and cannot be satisfied by staying in a different country.
Individuals can apply for a waiver to the requirement with a DS-3035 form if there will be a hardship on a United States citizen or resident spouse or child, fear of political, religious, or racial persecution, if it is requested by an Interested Government Agency, if there is no objection from the government of the home country, or if there is a request by an Interested Government Agency or the State Department of Health for a foreign medical graduate, who received education or training in the United States and will be working in an underserved area or an area of shortage. Evidence must be provided for each ground used.
Foreign nationals can travel abroad if the trip is for less than 30 days. If the travel will be outside of North America and surrounding islands, the foreign national will need to receive a travel endorsement on their DS-2019 form which must be presented when the individual returns to the United States.
There are many steps an individual must take in order to successfully apply for a J-1 visa.
To begin, the J-1 application for the program must be completed. There are many documents that must be completed and sent to the sponsor, including the DS-7002 form, or, the Training/Internship Placement Plan (signed by the foreign national and the host organization), the signed third party agreement (if a third party is used), copies of the foreign national’s passport (biographic pages), a copy of the resume of the foreign national, confirmation letters on the foreign national’s experience, and payment to cover the application fee for the J-1 sponsor. The application fee for some sponsors may include the cost of health insurance and the Student and Exchange Visitor Information System (SEVIS) fee. It is preferred that these documents be signed in blue ink. Sponsors may also require evidence that the foreign national is enrolled in a university, forms with details on the host organization, forms with details on the foreign national’s health insurance, proof of sufficient funds, an offer letter for the program, a declaration on requirement compliance, and if the foreign national has participated in the J-1 program in the past, evidence that they have been abroad for at least 2 years.
A practitioner should complete the DS-7002 form. Before completing the form, the practitioner should check with the sponsor, as sponsors may have their own requirements for the form and how it should be completed. Section 1 of the form should include information on the exchange visitor, including the visitor’s full name, email address, type of program, category of program, educational and professional background, and the dates of the program. Section 2 should include information on the host organization and whether or not the foreign national will be paid a stipend, and if so, how much the stipend will be. Section 3 asks the foreign national to agree to follow the regulations of the program and confirm that the information that the foreign national has provided is to the best of the foreign national’s knowledge. The foreign national must sign this section, and it should be signed at the visa interview. Section 4 should include information on the foreign national’s supervisor at the host organization and details on the phases of the foreign national’s internship or training, including descriptions, start dates and end dates, locations, and more. Information on the objectives of the foreign national, the program, the skills, and knowledge learned from the program, and other critical information should be filled out with care. This section should be signed by the direct supervisor.
Proof of the individual’s educational or professional experience may be through experience confirmation letters from former employers. In some cases, a sponsor may allow evidence of self-employment as well. An offer letter can take the form of a statement from the host organization on company letterhead that is signed by a representative. Depending on the requirements of the sponsor, the letter can just confirm that a program has been offered, the location of the program, and stipend information. The letter can also be more detailed, including an introduction, details on the host organization, details on the program activities, details on the foreign national’s experience, and a conclusion. Longer letters may help connect the host organization and the foreign national’s background with the program. Finally, some sponsors may require a separate document to be submitted that confirms that the terms of the program and terms that the individual sponsor may have will be complied with.
Once the DS-7002 and DS-2019 forms have been completed, the sponsor must send the executed forms to the foreign national for them to continue in the visa application process. The Student and Exchange Visitor Information System (SEVIS) record of the applicant must be in initial or active status as well for the foreign national to begin their visa application. The first J-1 visa an individual applies for cannot be issued more than 90 days before the program start date. While this is a much shorter time period than most visas, J-1 visas are expedited in order for individuals to receive their visas before start dates. Individuals who are applying for the first time will receive higher priority than individuals who have already received a J-1 visa in the past.
Before beginning the visa application process, applicants should contact their consulate to check the consulate’s requirements as different locations may have different requirements or steps for the visa application process. The individual first must complete the DS-160 form, or, the Nonimmigrant Visa Application. The individual must also submit a photo to specifications and pay the required visa application fee. It is important that the individual print and save the confirmation page of the DS-160 form, save the receipt from paying the visa application fee, and have an extra photo to specifications for the visa interview.
Once the DS-160 form has been submitted, individuals may apply for an interview at their consulate. Typically, if an individual is between the ages of 14 and 80, a visa interview will be necessary. It may take varying amounts of time to schedule a visa interview, depending on the location and time of year. For the interview, individuals should bring the documents mentioned above along with their passport, executed original DS-2019 form, proof that the Student and Exchange Visitor Information System (SEVIS) fee has been paid, executed original DS-7002 form, completed DS-160 form, proof of educational qualifications or professional qualifications, proof of English language proficiency, proof of sufficient funds, proof of nonimmigrant intent, and any other documentation that may be required. Following the interview, the individual will be given back the DS-2019 form, which must be used when entering the United States, after the officer has confirmed with the individual that they understand the terms of the exchange and the individual has signed the bottom of the form.
Individuals can arrive in the United States a maximum of 30 days before their program will begin. The program sponsor must be sure to validate the presence of the individual within 30 days of the start date. The individual should present their passport and DS-2019 form when they arrive. It is a good idea to carry all of the documents required for the interview when coming to the United States just in case they are requested. If an individual comes to the United States via air or sea, they will receive a passport stamp, but if they come via land, they will receive an I-94 form. A physical copy of the I-94 is available through the Customs and Border Protection (CBP) website if an individual requests one. The DS-2019 form will be endorsed at the border as well with an admission stamp. When the individual’s program has ended, the individual will have another period of 30 days to stay in the United States to prepare for departure.
There are many required documents and forms that individuals must complete and present in order to successfully apply for a J-1 visa. These include:
As with all visas, the processing time for a J-1 visa can vary depending on the location and time of year. Once the DS-2019 form has been completed and submitted, it takes about 2 weeks to 3 weeks to process. Next, once an individual has moved onto the application and interview stage of the process, it can take anywhere from a week to a month to schedule the interview and usually about a week for the visa to be processed following the interview.
There are a few fees for the J-1 visa. These include:
Base Total: $340
Individuals should be aware that in some cases, the Student and Exchange Visitor Information System (SEVIS) fee may be paid for by the host program and included as part of the overall program fee. Individuals may also have to pay for health insurance, which can have varying costs.
In some cases, yes, a J-1 visa holder may be placed with a host family. Sponsors are responsible for connecting individuals with host families.
Individuals are only allowed to complete the activities outlined on the DS-2019 form, this includes the type of work and the specific employer. If an individual differs from the form, they may risk losing active status.
J-2 visa holders can obtain work authorization to allow them to work in the United States as long as their income is not solely supporting the principal J-1 visa holder. They may also study while in the United States.
Yes, if the principal J-1 visa holder must follow the 2-year foreign residence requirement, the dependent J-2 visa holders must follow the requirement as well.