Frequently Asked Questions - J-1 Visa

Form DS-160 (1)

Online Form DS-160, Nonimmigrant Visa Electronic Application can only be used by visa applicants applying at a U.S. Embassy or Consulate which has converted to the new electronic fully online form and process. For more information visit travel.state.gov DS-160 informational webpage for a listing of embassy locations using Form DS-160. Next, visit one of the U.S. Embassy websites using the Form DS-160 and where you will apply, to review detailed nonimmigrant visa how-to-apply instructions, in addition to these FAQs.

1. Where can I find the DS-160?
You can access the DS-160 from the Consular Electronic Application Center website or from the link on the U.S. Embassy or Consulate website.

Form DS 2019 (1)

A form issued by school or sponsor for applicants to obtain a J Visa.

Change in J-1 Status

Two concerns:

1. Your J-1 visa must not be subject to the two-year HRR; and

2) You must not have had a pre-conceived intention to get married when you entered the USA.

Both are serious issues. Consult a lawyer please.

J-1 extension beyond 5 years

Extension is possible only if the program rules permit it. The worst case scenario in extension or new 2019 as I see it can be only that you have to go get a new via stamp.

Regarding J-1 HRR Waiver

Rajiv's Response:

Thanks for sharing. People, note, it is a good idea to confirm whether or not you are in fact subject to the HRR. We have been doing that for years in cases where there is a likelihood that you are not subject to HRR. Two typical situations where you may NOT be:

1. No US federal government funding (reinforced by suffix "P" instead of "G" in your program number) and

Change in J-1 Status

Two concerns:

1. Your J-1 visa must not be subject to the two-year HRR; and

2) You must not have had a pre-conceived intention to get married when you entered the USA.

Both are serious issues. Consult a lawyer please.

Changing from J-1 to O-1

You can apply for the O-1 category and, upon receipt of the approval notice, you will be required to obtain the O-1 Visa at a U.S. consulate abroad.

Starting a Business on J-2 Visa

Under the law (8CFR 21A.2(j)(1) (v) (A)), a J-2 holder may use the earnings to support the J-1 visa holder. The earnings must be used for the “Family's customary recreational and cultural activities and those related travel.”

Two-Year Home Residency Requirement

In this situation, the applicant’s J-1 waiver does not cover her period in J-2 status. 9 FAM 41.62 states that if an alien is subject to the two-year foreign residence requirement, the spouse and child of that alien are also subject to that requirement. Thus, the individual you have described would need a separate waiver to cover the time that she spent in J-2 status that subjected her to the two-year home residency requirement.Two separate DS-3035 applications would therefore be required in this circumstance.

Exceptional Hardship Waiver

The exceptional hardship waiver is a three-step process. The applicant must first submit an I-612, Application for Waiver of the Foreign Residence Requirement, directly to USCIS. If USCIS determines that there is a possibility that the applicant’s U.S. citizen or legal permanent resident spouse or child may experience hardship if the applicant returns to the home country to fulfill the two-year home residence requirement, USCIS forwards the application to the State Department for a waiver recommendation.

Withdrawal of a Pending J‐1 waiver

A waiver applicant who has a pending waiver application in the State Department’s Waiver Review Division (WRD) should send an email to WRD via FMJvisas@state.gov to request withdrawal of a pending case. WRD updates the applicant’s case file and posts the withdrawal request on its online status checking system on http://travel.state.gov.

Two-year home residency requirement

Yes.  F visa is NOT forbidden.  But you will not be able to get an H-1, L-1 or green card unless you address the HRR through compliance or waiver.

J-1 visa waiver concerns

The 212(e) can attach to even a short program. Step one, ask DOS for an advisory opinion whether you are subject to the Home Residency Requirement. The detailes are here: http://travel.state.gov/visa/temp/info/info_1288.html

Canadian with J-2 visa

You can switch back to TN from J-2. What you do has no effect on the children. They derive their status directly from your J-1 spouse.

J-1 extension beyond 5 years

Extension is possible only if the program rules permit it. The worst case scenario in extension or new 2019 as I see it can be only that you have to go get a new via stamp.

I was on J-1 visa

If the consulate is not convinced of your nonimmigrant intent (214(b)), it is extremely difficult to remedy that. Usually, people in that situation should explore options like H-1, L-1, green card - all of which do not require a nonimmigrant intent (intention to remain in USA only for a brief period of time).

File I-485 while J-1 waiver is pending

To the best of my knowledge that information is incorrect. You can file AOS only after the waiver is approved.

J1 overstayed by years, married to a greencard holder

Unless your spouse becomes a US citizen, nothing can be done as far as I can see. If you had a 2 years HRR, you have bigger problems.

J-2 or J-1 with 212(e) HRR converting to F-1 student

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/ZvUVIGTM-Kk?t=520

Can a J-2 holder get a HRR 212(e) waiver without J-1?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/XAfykYM-cUQ?t=89

FAQ Transcript:

J-1 Physician in Waiver Job Applying for AOS/1-485

 See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=3YV-qIlAEpI#t=1320

 

FAQ Transcript

Exhibiting Immigrant Intent

Exhibiting immigrant intent CAN be a problem for J-1. It is not certain that you will have a problem, but the potential does exist.