Overview of J Visas
The J nonimmigrant category was created to facilitate cultural exchange between the United States and other countries. The J visa has separate distinct sub-categories, including: Professors and Research Scholars; Short-Term Scholars; Trainees; College Students; Teachers; Secondary School Students; Specialists; Foreign Medical Graduates; International and Government Visitors; Camp Counselors; Summer Work/Travel Students; Au Pairs. Each category has its own rules, restrictions and lengths of authorized stay, though, ostensibly, all of the persons in all of the categories are supposed to engage in cultural activities that enrich their understanding of the United States. Because the J visa is a maze of complexity, it is not unusual to find immigration attorneys who specialize in J-Visa issues or attorneys with broad experience in immigration who shy away from J-visas.
In all of the J sub-categories, the caution comes from whether participation in the program will subject the alien to the two-year home residence requirement. The two year home residence requirement prevents the alien from changing his or her status in the United States to another category or adjusting his or her status to lawful permanent resident without first fulfilling the requirement of going “home” (back to the country of last residence or native country) for two years.
The home residence requirement is triggered in three situations: when (1) the stay is financed, directly or indirectly, by the United States of a foreign country’s government; (2) the field in which the alien is participating is designated to be one requiring staffing in the alien’s home country (listed on the “Skills” list); or (3) the alien is a foreign medical graduate receiving medical training in the United States.
Lifting the two-year home residence requirement is no easy task. If imposed, the alien must apply for a waiver. Waivers are granted under the following grounds: (1) “No objection” - the foreign government’s written statement that it does not object to the lifting of the two year home residence requirement. This requires varying levels of communication and satisfaction of the foreign government’s requirements. For instance, certain foreign governments will require evidence that all funds used by the alien subsidized by the foreign government have been repaid by the alien before it will issue a “no objection” letter; (2) Hardship – imposition of the two year home residence requirement will effect “exceptional hardship” on the alien’s U.S. citizen or Lawful Permanent Resident spouse or child(ren). This is an extremely high threshold. Separation is not, by itself, “exceptional hardship.”; (3) Persecution – the alien will be subjected to persecution because of his race, religion or political opinion upon his or her return to his or native country; (4) Interested Government Agency – a U.S. Agency intervenes and requests a waiver on behalf of the alien.
Waiver applications tend to be time-consuming. As such, they are generally very expensive. The best way to avoid them is to make sure that it will not be applied. A person interested in participating in a J-visa visitor exchange program should question the program administrator closely regarding whether it would result in the imposition of the two-year home residence requirement. If you are already on a J-visa, you should check your DS-2019 and/or your visa stamp for any notations regarding the two-year home residence requirement.