Frequently Asked Questions - J Visa

J-1 Visa (20)

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.

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.

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-2 holders and work authorization

J-2 holders can get work authorization and work as per the licensing requirements of their profession.

J-2 to TN

You can switch back to TN. To correct slightly, you do not automatically get switched to an H-4 (not H-2).

J-2 visa and I-275

It is entirely in the discretion of the consular officer whether or not to give you a J-2 visa. Impossible to predict.

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-2 Dependent Changing to Other Working Visa

Yes, the J-2 can, UNLESS the J-1 holder is a physician serving the three years for J-1 waiver. 

Change of Status from J-2 to TN

Check with USCIS customer service

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.

AC21, changing jobs, when to file Supplement J
J-1 Physician applying for following to join after waiver
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.

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

Home Residency Requirement for Second Visa

If I remember correctly, 212(e), the HRR, does not apply till you actually use the visa.

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.

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:

Immigrant Intent in Issuance of J Visas

Immigrant intent is definitely a consideration for issuance of J visas. As to whether or not you may have a problem is impossible to predict. If you can have a safety net of an H-1 (if needed), you would be better off.

Home Residency Requirement for Second Visa

If I remember correctly, 212(e), the HRR, does not apply till you actually use the visa.

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.

J-2 holders and work authorization

J-2 holders can get work authorization and work as per the licensing requirements of their profession.

J-1 Waiver Pending

Contact the Waiver Review branch in USDOS first. Figure out what is going on with your pending case. You cannot apply for more than one type of waiver at the same time.

J-2 visa and I-275

It is entirely in the discretion of the consular officer whether or not to give you a J-2 visa. Impossible to predict.

H-1 for Canadian PR with J-1 issue

If you have neither complied with the J-1 home residency requirement, nor obtained a waiver, you cannot get an H-1. Make sure you are indeed subject to the 2-year HRR. You may not be - then an H-1 is a possibility. Go here to ask DOS for an advisory opinion: http://travel.state.gov/visa/temp/info/info_1288.html

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).

Travel during H4 processing

If you travel during change of status, the request for COS is deemed to be abandoned.

H-2B Visa

Assuming you have no home residency requirement, you can start the H-2B process even while you are here in USA.

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.

I have a R J-1

I see no reason to leave. The 60-day advice makes sense only if you have just entered USA.

May B-1/B-2, E-1, E-2, F-1, H-1, J-1, L-1 O-1 visa or TN holder apply for green card?

One of the questions I am asked quite frequently is whether or not an E-1/E-2 visa holder can apply for a green card and not jeopardize his or her E status. The answer is PROBABLY yes he can.

In the E visa context, this is what the govt says:

Quote:
9 FAM 41.51 N15 INTENT TO DEPART UPON TERMINATION OF STATUS
(TL:VISA-404; 04-29-2002)

Can F/J holders apply for green card?
Do physicians have the right to an extension beyond 6 years for waiver jobs?

1. I am curruntly on HIB Visa for the past 5yrs and 2 months (GC process started and 1-140 approved) working for a State Health Department.

B visa while GC pending or similar situation

This is upto the discretion of the consulate and then again upto CBP when you land in USA. Consulates have the discretion to issue you a B visa - despite your presumed immigrant intent - if they are convinced that you will return. This is true for all cases where a B (or F or similar) visa is sought while GC is pending or could be pending.

Does J-1 HRR Prohibit Issuance of F-1?

The two-year home residency requirement does not prohibit issuance of F-1 visa. That can be tried any time, even before the HRR is completed. Ultimately, F-1 visas are discretionary. But there is no law that prohibits their issuance in these circumstances.

Issuance of an F-1 does NOT waive the HRR. You will stay subject to it.

AC21, changing jobs, when to file Supplement J
Changing Employers With An Approved I-140 After January 17 2017

You can continue to extend your H-1 even after I-140 is revoked by the employer, IF, the revocation was sent more than 180 days after I-140 approval.

Under AC21, you do not have to start a new green card if:

1. Your I-140 is approved;

2. Your I-485 has been pending for 180 days or more;

3. You will take an employment same as or similar to your green card job; and

4. You file Supplement J.

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

J-2 Dependent Changing to Other Working Visa

Yes, the J-2 can, UNLESS the J-1 holder is a physician serving the three years for J-1 waiver.