The End of "Duration of Status"

 

The Department of Homeland Security (DHS) has proposed a major rule change that would end the long-standing practice of "duration of status" (D/S) for F-1 foreign students and J-1 exchange visitors. Instead, international students and exchange scholars would be admitted to the U.S. for a set period, generally capped at four years, after which they would need to apply for an extension or depart the country.

Key Points of the DHS Proposal

End of "Duration of Status" (D/S): F-1 and J-1 visa holders are currently admitted for as long as they maintain full-time enrollment or participation in approved activities, without a set end date. 

Fixed Period Admissions: Under the proposal, admission would match the program end date listed on Form I-20 (for F-1) or DS-2019 (for J-1), but not exceed four years, plus a short grace period (30 days for departure).

Extensions Required: Students or scholars needing additional time must apply directly to DHS for an extension of stay before their authorized period ends.

Transition for Current Students/Visitors: Those already in the U.S. on D/S could remain until their program end date, but for no more than four years from the rule’s effective date, and would also need to seek an extension to stay longer.

Shorter Grace Period: The F-1 visa grace period after program completion would be cut from 60 days to 30 days, matching the J-1 and M-1 categories.

Other Related Changes: The proposal also adjusts rules on multiple degrees, changes of schools or programs, and the accrual of unlawful presence.

Impact of the Proposed Change

The new rule increased uncertainty for international students, particularly those in longer programs or seeking Optional Practical Training, would face uncertainty and must plan for mid-program status extensions.

There is also the issue of program duration mismatches.  The National Center for Education Statistics finds the median time to complete a bachelor's degree in the U.S. is about 4.3 years, and the median for a Ph.D. is nearly 5.7 years, so many students would be impacted by the four-year cap.  More frequent extension requests would increase workload for both students and university administrators.  The USCIS' workload will also increase.

What's Next

The DHS proposal, if implemented, would mark a fundamental change to U.S. visa policy for international students and scholars, introducing fixed deadlines and potentially reshaping the global landscape for higher education.  The rule is open for public comment until September 29, 2025, and educational institutions and advocacy groups are expected to weigh in.  Although there may be some minor changes to the proposal, the main portions of the rule will likely be implemented.  International students and scholars should plan their immigration journey accordingly. 


(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Removal of Countries from the J-1 Exchange Visitor Skills List Including China and India

 

Effective December 9, 2024, the Department of State (DOS) has published a significant update to the J-1 Exchange Visitor Skills List. This Skills List determines whether certain J-1 visa holders are subject to the two-year foreign residence requirement under Section 212(e) of the Immigration and Nationality Act. This update is poised to impact numerous J-1 visa holders worldwide.

The Purpose of the Skills List

The J-1 Exchange Visitor Skills List identifies countries that require the services of individuals engaged in specific fields of specialized knowledge or skills. If a J-1 exchange visitor’s country is listed, they are subject to the two-year foreign residence requirement. This requirement obliges the visitor to return to their home country for at least two years after completing their program before they can apply for certain U.S. immigration benefits, such as an H-1B visa or a green card.  

The DOS utilized a revised methodology for this update that takes into account factors such as the country's overall economic development (measured by per capita GDP), country size and outbound migration rates.  

Countries Removed from the Skills List

The updated Skills List removes several countries from its purview, including China and India, which previously required J-1 visa holders to comply with the two-year home country requirement. Other removed countries include: Albania, Algeria, Argentina, Armenia, Bahrain, Bangladesh, Bolivia, Brazil, Chile, Colombia, Congo, Costa Rica, Dominican Republic, Gabon, Georgia, Guyana, Indonesia, Kazakhstan, Laos, Malaysia, Mauritius, Montenegro, Namibia, Oman, Paraguay, Peru, Romania, Saudi Arabia, South Africa, South Korea, Sri Lanka, Eswatini, Thailand, Trinidad and Tobago, Turkey, United Arab Emirates, and Uruguay.

Retroactive Application

Significantly, J-1 visa holders who were admitted or obtained J status before December 9, 2024, are no longer subject to the requirement if their country is not designated in the revised Skills List. This change offers relief to many former J-1 visitors who had been subject to the two-year requirement based on their country’s inclusion in the previous list.

No Update to Skills

While the list of countries has been revised, the specific skills required for countries still on the list remain unchanged from the 2009 version. This update affects only the countries included in the Skills List, not the skills themselves.  It should be noted that the specific skills for each country are different. 

Implications for J-1 Visa Holders

This change significantly reduces the number of individuals subject to the two-year foreign residence requirement.  Those no longer subject to the requirement can pursue U.S. immigration options, such as H-1B status or a green card, without needing to fulfill the two-year stay abroad.  For professionals from removed countries, this opens new pathways for career advancement and settlement in the United States.  However, it should be noted that some J-1 visitors may still be subject to the two-year home country requirement.  These include those who received funding from the U.S. government or their home country government, and graduate medical education or training in the United States.

Conclusion

The DOS has committed to reviewing the Skills List every three years to ensure its alignment with global economic and migration trends. The previous update to the list was in 2009, making this the first revision in over a decade. The 2024 revision to the J-1 Exchange Visitor Skills List marks a pivotal development for J-1 visa holders. By removing numerous countries from the list, the DOS has eased immigration barriers for many skilled professionals. J-1 exchange visitors and their employers should review the updated list to understand its implications and explore new opportunities under the revised framework.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

America Welcomes STEM Talent

Last week, the Biden-⁠Harris Administration announced a number of initiatives to attract and retain STEM talent from foreign countries.  As the global economy is increasingly depending on technology and science, countries are trying to compete for skilled workers in the STEM field in order to stay competitive.   The U.S. has been slacking in retaining foreign talent in terms of its immigration policy, which is complex and often confusingly convoluted.  The Biden-Harris Administration is trying to take actions to change that, and these measures are good starting points. 

Addition of 22 New STEM Fields for OPT Employment

International students in STEM (Science, Technology, Engineering, Mathematics) fields are allowed to have up to 36 months of practical training to work for U.S. employers. 22 new fields such as bioenergy, forestry, cloud computing, climate science, data science, business analytics, etc., have been added to the list of qualified fields for STEM OPT employment. Some multidisciplinary or emerging fields, such as Industrial and Organizational Psychology, and Social Sciences, Research Methodology and Quantitative Methods have also been added. Both undergraduate and graduate STEM academic programs are qualified for OPT employment. This change will attract more STEM students to stay employed in the U.S. rather than returning to their home countries.

 

Expand STEM J-1 Training to 36 Months

The State Department will start an “Early Career STEM Research Initiative,” to facilitate non-immigrant BridgeUSA exchange visitors coming to the United States to engage in STEM research through research, training or educational exchange visitor programs with host organizations, including businesses. Further, academic training for undergraduate and graduate students in STEM fields on the J-1 visa will be extended to up to 36 months.

O-1A Extraordinary Ability Working Visa for STEM Talent

DHS has updated its policy manual regarding the application criteria for the “extraordinary ability” (O-1A) visa program. O-1A nonimmigrant status is available to persons of extraordinary ability in the fields of science, business, education, or athletics. DHS has clarified how STEM talent such as PHD holders may apply for O-1A status and visa based on the technical and complex nature of their studies.

The update also emphasizes the use of "comparable evidence" to establish sustained acclaim and recognition of the applicant. Such use will provide more flexibility for STEM applicants to submit alternative evidentiary proof which is more relevant to their fields of study, if the traditional documentary proof is not available.

 

National Interest Waiver Green Card based on STEM Background

DHS has also updated its policy manual regarding the use of national interest waivers (NIW) for STEM applicants to apply for U.S. permanent resident status (green card). Normally, to apply for U.S. green cards based on employment, a foreign worker must be sponsored by a U.S. employer and must test the job market through the labor certification process.  The use of an NIW allows a foreigner to apply for a green card directly without employer sponsorship and a labor certification. 

The foreigner must prove that he or she has an exceptional ability or an advanced degree holder. Further, the applicant must meet three other criteria: (1) His or her profession must have both substantial merit and national importance; (2) he or she is well positioned to advance the proposed endeavor; and (3) it would be beneficial to the United States to waive the job offer and labor certification requirements.

The new policy explains how the NIW can be used by STEM advanced degree holders and entrepreneurs to apply for green cards. It also explains that the significance of supporting letters from governmental and related entities. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.) 

Visa interviews waived for certain F, M foreign students and J academic exchange visitors

The Biden Administration has further relaxed the visa requirements for international students, researchers, and academic exchange visitors.  On September 14, 2021, the U.S. State Department announced that, through the end of 2021, consular officers are authorized to waive the visa interviews for certain international academic visa applicants such as students, professors, research scholars, short-term scholars, or specialists.  

Visa interviews are waived for the following categories of visa applicants: 

• F, M, and academic J visa applicants who were previously issued any type of visa, and who have never been refused a visa unless such refusal was overcome or waived, and who have no apparent ineligibility or potential ineligibility; 
• First-time F, M, and academic J visa applicants who are citizens or nationals of a country that participates in the Visa Waiver Program (VWP), provided they have no apparent ineligibility or potential ineligibility.  
• Applicants from non VWP countries whose prior visa was issued when they were less than 14 years of age, may need to submit biometric fingerprints, but can still be approved for an interview waiver.  

Previously, the State Department has already found F, M, and academic J visa applicants eligible for National Interest Exceptions (NIEs) under Presidential Proclamations that suspend entry of individuals present in one of the 33 countries ("regional ban"). International stutents therefore are not subject to the regional ban.  

Students seeking to apply for a new F-1 or M-1 visa must still apply through their local U.S. embassy or consulate.  The State Department emphasized that international students who are found to be otherwise qualified for an F-1 or M-1 visa will automatically be considered for an NIE to travel.  For J-1 visa applicants, however, they must still contact the nearest embassy or consulate prior to travel to receive an NIE.

In March, the State Department already expanded the general interview waiver requirerment for nonimmigrant visas from 24 to 48 months.  That waiver, which is still in effect, was for applicants who were applying for a new visa in the same category of a previously approved visa. 

The announcement is definitely good news for international students or academic personnel who are trying to enter the U.S. before the new academic year begins in the fall.  However, how fast and how easy for individual applicants to obtain their visas still heavily depend on the resources, policies and response time of their local U.S. embassy or consulate.  For example, some consulates would allow the applicants to apply for a NIE beforehand while other consulates, such as Madrid, are requiring applicants to apply for NIEs at the same time as they apply for their visas. If the NIE request is denied, the underlying visa will also be denied.  Consequently, international visa applicants must find out the specific requirements and procedures of a particular US embassy or consulate before making any concrete plans.   

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

Immigrants, Fiancées, Certain Exchange Visas Exempt From COVID Travel Restriction Policy

Great news has come for those who have been waiting indefinitely from around the world for the immigrants (permanent residence), K-1 fiancé visa, or certain J exchange visitor visas because of the geographic COVID restrictions.  The State Department just announced new exemptions from the travel ban for them.   

Embassies and consulates in South Africa, Brazil, the Schengen Area, the United Kingdom, Ireland, China, and Iran will resume processing of the aforementioned visas after they were announced exempt from the Presidential Proclamation travel bans.  These regions were subject to many months of travel ban due to their high number of Covid cases.  

Embassies and consulates will prioritize immediate family members of U.S. citizens and Special Immigrant Visa applicants. Nonimmigrant foreign diplomats, travelers with urgent needs, and travelers assisting with the pandemic crisis have higher priority than students, exchange visitors (J visa) and temporary employment workers.

The J visa categories included are travel by an au pair with special skills to care for a minor USC, LPR, or lawful nonimmigrant, an au pair whose care prevents a USC, LPR, or lawful nonimmigrant from becoming a public health charge, or an au pair that cares for a minor with parents providing care to COVID patients. Participants in J visitor exchange programs with a valid agreement between a foreign government and any U.S. federal, state, or local government entity that is designed to promote U.S. national interests, and the agreement was in effect before June 24, 2020, also qualify for travel exemption. 

Others include trainees and specialized teachers with program numbers starting with G-3 and G-5 on their DS-2019. Travel for exchange programs that support certain foreign policy objectives is also allowed. 

Aircraft pilots and workers applying for B-1/B-2, B-1, M-1 visas, or through the Visa Waiver Program are also given exemptions to travel. M-2 dependents also can travel if the principal M-1 visa holder's training program is over 4 weeks long. 

Our office has received notices of visa appointments soon after this policy change, but it is important to note that this new policy may not be enforced in the same pace in different locations. Applicants are considered for exemption when interviewed at their respective consulate.   Each consulate or embassy will have more specific information on how it will carry out this policy, based on their resources and local conditions. Applicants should check with their local consulate for more instructions. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

Reopening of U.S. Consulates / Aging-out, H-4, L-2, J-2 Visas Exemption

Since the outbreak of the coronavirus in the US, it has become increasingly difficult for overseas applicants to apply for visas to enter the US.  Since March, the US embassies and consulates have been closed for business.  Then, President Trump issued two executive orders banning issuance of immigrant visas and also the H-1B, L-1 and J-1 visas from overseas.  It seems like the US has closed its doors to the world.  Recently, however, the Department of State (DOS) has made some announcements that are positive and encouraging to visa applicants. 

Gradual Resumption of U.S. Visa Services

First, DOS announced on July 14, 2020 that US Embassies and Consulates are beginning "a phased resumption of routine visa services."  It does not mean that all visa services will soon be resumed in all countries.  Instead, the reopening will occur on a "post-by-post basis," depending on local situation and health conditions.  All posts will continue to provide emergency and other mission-critical visa services.   Gradually, they will resume the routine visa services to the public.  

The State Department does not provide specific reopening dates for each Embassy and Consulate.  Instead, the public must check with their local U.S. Embassy or Consulate to obtain updated information.   It should be noted that President Trump's visa ban and travel restrictions are still in effect. Hence, resumption of visa services will only be limited to certain visa categories such as B-1 visitor visa, B-2 business visa, F-1 and M-1 student visa, etc., and other exempt categories such as spouses and children of US citizens.  However, due to the large number backlogged cases, one should expect longer waiting and processing times.

Exemption from Trump's Proclamation:  Aging-out Children and H-4, L-2 & J-2 Dependents

DV-2020 Applicants Excluded

The State Department also clarified on July 16, 2020, that the President's visa ban has certain exceptions.  In addition to humanitarian travel, public health response, and national security, children who are aging out may also request for exemption form the ban.  Specifically, if an immigrant visa applicant is going to age-out before or within two weeks of the expiration date of the visa ban, he or she may seek exemption.  

Further, if the H, L or J principal visa holder is exempt from the visa ban, their dependents are also exempt. So for example, if an H-1B principal is allowed to enter the US to perform a mission-critical assignment for the US government, her spouse and children will also be issued H-4 visas to enter.  

Importantly, dependents of H, L, J visa holders who are already present in the US will also be allowed to apply for dependent visas (H-4, L-2, and J-2) to enter.  This exception will allow many non-immigrant workers to be reunited with their family members. 

However, the State Department emphasized that Diversity Visa 2020 applicants are still subject to President Trump's visa ban, unless they had already been issued visas before the proclamation's effective date.  

Finally, DOS stated that valid visas will not be revoked on account of President Trump's proclamations.

Visa services are still very far from back to normal. However, these announcements represent a glimmer of light at the end of the tunnel. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

The US Bars Entry of Certain Chinese Graduate Students and Researchers

The President signed an executive order on 05/29/2020 to bar Chinese graduate students and visiting scholars from entering the U.S. if they have ever been related to Chinese entities that have military ties. The policy is effective on 06/01/2020.

The executive order is aimed at blocking Chinese students who are pursuing a graduate degree or conducting research in the U.S. with an F or J visa, with exceptions. For example, students from China who are seeking to study at the undergraduate level are exempted. The policy also exempts students and researchers who had never worked with, studies at, or conducted researched on behalf of Chinese entities that implement or support the so-called "military-civil fusion strategy." The strategy, as defined by the proclamation, indicates "actions by or at the behest of the PRC to acquire and divert foreign technologies, specifically critical and emerging technologies, to incorporate into and advance the PRC's military capabilities."

The proclamation does not specifically list any Chinese institutions or universities. Instead, it gives the State Department and the Department of Homeland Security discretion on how to implement the policy. In actuality, this means that Chinese students and researchers, especially those majoring in STEM subjects, would likely be facing lengthy "administrative processing" of their visa applications as well as higher chances of visa refusals. 

In addition to the suspension, the proclamation directs DOS and DHS to take action to further protect sensitive U.S. technologies and intellectual property by revoking approved visas. Pursuant to section 221(i) of the INA, the State Department has broad authority to revoke visas if there are any concerns regarding inadmissibility. On that basis, the proclamation urges the State Department to revoke F or J visas that are held by Chinese students who are currently in the U.S. if they meet the criteria of denial of entry.

A visa revocation may impair these students' ability to travel internationally. If a student leaves the U.S. after his visa has been revoked, he must apply for a new visa to return, which would not be easy under current policies. For students and researchers who are present in the U.S., revocation of visa does not mean that their authorization to stay is automatically revoked. They can stay in the U.S. as long as they properly maintain their visa status. However, it is possible that Chinese students could be asked to depart the U.S. within a certain period of time after their visas have been revoked. 

The Secretary of State and Secretary of Homeland Security will review non-immigrant and immigrant visa programs within 60 days of the proclamation's effective day and recommend to the President to see if further restriction is needed to cover more categories of people. Hence, foreign nationals, especially China nationals, should take steps to prepare for the worst and come up with contingency plans.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

How "Telehealth" and Missing Work Will Affect J Visa Healthcare Workers

If you are a J visa medical trainee/student completing your program during these rough times, you may be thinking of transitioning straight to working through a J-visa waiver. This waiver, through the Conrad 30 Waiver program, allows foreign medical graduates to forgo the J visa's 2 year residence requirement and gain H-1B status.

Qualifying medical graduates will have to work full-time, or 40 hours per week, to maintain their status. The ongoing Public Health Emergency, however, has made it difficult to travel to and carry out work. Thankfully, those that miss work due to the pandemic and the resulting "Public Health Emergency" will not lose their waiver and status. USCIS announced that workers that cannot work due to pandemic-related issues such as illness, quarantine, or travel restrictions, will not be charged with violating their contract.

USCIS and DoS (Dept. of State) also explained their stance on telehealth services. Telehealth refers to using electronic telecommunication means to render long-distance health services to patients. It is deemed an acceptable form of service, provided that the worker serve patients in a designated shortage area through their contracting facility (per their contract).

These provisions on full-time work and telehealth services will apply to periods between January 27, 2020 and the end of the Public Health Emergency.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

DOS unable to Issue F, M and J Visas

"The Department of State (DoS) has recently identified difficulties with its Consolidated Consular Database (CCD) communicating with the Student and Exchange Visitor Program’s (SEVP) Student and Exchange Visitor Information System (SEVIS).  DoS discovered this issue on November 14, 2011.  SEVP and DoS are investigating this issue between CCD and SEVIS to bring about a resolution as quickly as possible. Effective immediately, in order to ensure maximum data integrity and consistency, DoS has temporarily halted the issuance of ALL F, M and J visas at all U.S. Embassies and Consulates.  Please note that this may alter prospective students’ or exchange visitors’ travel schedules."

Source: NAFSA memo to SEVIS Users

More than 6,000 Waivers Granted to J-1Visa Holders in FY2010

The U.S. State Department reports recently that it has granted more than 6,000 waivers to J-1 visa holders who are subject to the foreign residence requirement in Fiscal Year 2010.  Only 227 waiver applications were denied during FY2010.  A majority of the waiver applications were based on the “No Objection Statement” issued by the country of origin.

The United States established the J-1 visa classification to allow foreigners who intend to participate in a cultural exchange program to enter the U.S. as exchange visitors.   Some common purposes for the J-1 visa include teaching, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.  The U.S. Department of State designates certain public and private entities to act as exchange sponsors to implement the Exchange Visitor Program.  Examples of exchange visitors include: professors or scholars, research assistants, students, trainees, teachers, specialists, nannies/au pairs, camp counselors, etc.  The application process is started by obtaining a Form DS-2019, Certificate of Eligibility for Exchange Visitor Status (formerly known as an IAP-66) from the sponsoring agency.   

There are many advantages of participating in the Exchange Visitor Program including cultural and knowledge exchange. There is also no cap imposed on the number of J visas, unlike the H-1B Program.  However, for certain J-1 visitors, they are subject to the Section 212(e) foreign residence requirement of the Immigration Act.  Generally speaking, there are three categories of J-1 visa holders who are subject to the residence requirement:

• Applicants who have obtained their J-1 status through programs financed either in whole or in part, directly or indirectly, by the U.S. government or their home country government.
• Applicants whose specialized knowledge or skill is in short supply in their home country
• Applicants who have received graduate medical education or training in the U.S.

If a foreigner is subject to this requirement, before she is allowed to change their immigration status in the U.S. to another classification or apply for a visa to return to the U.S., she must first return to their country of origin or last residence and live there for two years.  The only exception to this requirement is to apply for a waiver under Section 212(e).  There are six bases for applying for such a waiver.  For Fiscal Year 2010, the numbers of waivers granted and denied for each basis are as follows.  The numbers show that the “No Objection Statement” was the most popular type of waiver while the “Interested Government Agency” waiver applications enjoyed the highest rates of grant. 

TYPES OF WAIVER	Granted	Denied	Total
No Objection Statement	4,786	155	4,941
Exceptional Hardship	213	65	278
Persecution	24	1	25
Interested Government Agency- Physician	70	0	70
Interested Government Agency- Other	165	6	171
State Department of Health	829	0	829
TOTAL	6,087	227	6,314

J-1 Exchange Visitor Visa for Trainee and Interns

 

 

J2 can get EAD; adjustment is possible but not encouraged.

Sponsor costs: $3000 to $4000.

Legal fees:??

 \

Transfer of host (employer) is okay

Transfer of sponsor (not clear – not usual)

Smaller company (< 5 employees) as hosts:  American immigration council does not take < 5 employees.  Other sponsors may take them. 

Concern: if there is one 1 contact person, it would be difficult to get hold of somebody.

Grace period allowed?  30 days has prior to arrival and 30 days stayover. 

Host employee#: can’t have more than 10 % of J1 workers

Compensation:

-  Can be paid by foreign source company, host company, or self-funding for incidentals (generally a combination of funding is expected)

- Issue – a livable compensation package. (e.g. NYC)

 

Trainee vs. Intern vs. workers

T & I:  Not full time EEs; must be monitored and supervised; parameters for evaluation; touchpoints; short-term period; expected to return home.  

Change of status not a possibility. Can sponsor them after they went back home.

Intern:  – up to 12 months

Potential J-1 interns must be enrolled in a post-secondary, degree-granting academic program located outside of the United States or graduated within the past 12 months from such post-secondary academic program outside of the United States.

Trainee:  up to 18 months

Potential J-1 trainees must hold a post-secondary degree related to the field of the training and one (1) year of related work experience, both of which were gained outside of the United States, or have five (5) years of related work experience gained outside of the United States.

 

Most challenging:  Training plan: must be detailed;  who; what; how; scheduled, etc.

- Look for ahost company (apply on line; check indeed.com, or send email to companies, directly)

 

Attorney:  coordinator  role and provide legal advice.

 

 

AIC is a sponsor

 

https://www.uscis.gov/i-485-addresses

Three months are generally required.

If program starts in June, get started in March.

Expedited fee applies too.

 

- No agriculture, health care related, construction field.

- approved for hospitality/restaurants;  done trainee programs before but we watched them closely to make sure the training plan is thorough.

 

 

Hi Alice,

 

Sure, great questions. I’ve been in the industry since 2010 and previously worked with a different sponsoring organization (HTP J-1 Visa Programs) before branching out and receiving my own designation in 2016. You’re welcome to check out my LinkedIn profile (https://www.linkedin.com/in/christinahamil/).

 

I’ve attached a guide, which we provide our clients when they are interested in drafting their own training plans.

 

If the perspective EV is in the U.S. currently under B status, it would be dependent on their length of time and travel history to the U.S. Someone who has been in the U.S. for 6 months each year for 2 years wouldn’t be a good candidate for the J visa, but someone who has been in the U.S. for 90 days to seek internship opportunities is fine. They are required to apply in their home country, but can start the paperwork process here. The consulate must make a specific action in their database for the EV to be integrated and eligible for SSA (Social Security).

 

J-1 interns and trainees are required to depart the U.S. at the end of their program to complete their status with us in good standing. If they are not subject to the Two Year home country physical presence rule, it is their discretion if they choose to apply for any other qualifying status. However, as a sponsor, if they do not provide us with confirmation of departure (flight ticket), their status will not end in good standing.

 

For the Intern/Trainee category, it’s strictly under the skills list. We can advise upfront based on the country of nationality and the training description if the prospective EV will be subject to the two year rule.

 

I’ve attached our fees, overall for a 12 month internship program $3135 and for an 18 month trainee program the total is $3855. If a site visit is needed, the fees increase only $200 to $3335 and $4055. Please let me know how I can help!

 

 

Best,

 

Christina Hamilton

Intern | Trainee

T. 404 328 4988

D. 404 328 4961

E. tina@j1visaexchanges.com

 

 

From: Szetolaw Assistant <help@szetolaw.com>
Sent: Thursday, January 31, 2019 1:09 PM
To: Tina Hamilton <Tina@J1visaexchanges.com>
Subject: Re: Paul Szeto LLC x J-1 Visa Exchanges

 

Hi Tina, 

 

It is very nice talking to you over the phone today. I talked to the attorney, there are a few more questions that we wanted to ask. 

1.    How long has your company been established? How many J1 beneficiary that you successfully placed in United States?

2.    Could you send us a few sample training plans so that we can have some technical guideline?

3.    If a J-1 applicant is already in the U.S. on tourist visa or other legal status (not H-1B/L-1 or F-1). Does the applicant need to or do you recommend the applicant leave the country to apply for the J visa? Can the applicant apply for change of status? 

4.    Can the J visa beneficiary change status in the U.S. after the intern/trainee period?

5.    Does the  two-year home residency requirement apply? And is there any common reasons that could trigger such requirement?

And it would be better if we can take a look at the fee structure. 

 

Thank you!

 

Best, 

Alice

 

The J-1 Exchange Visitor Program was created for certain foreign individuals to visit the U.S. for temporary periods of time for the purposes of cultural exchange, education, and training. Under the program foreign nationals such as scholars, students, camp counselors, professionals, teachers, physicians, etc., may enter the United States with the J visa to participate in a wide range of cultural exchange programs. This article will focus on trainees and interns.

Generally, the J-1 Exchange Visitor Program involves a “sponsor”, a host company, and a foreign national. Sponsors are public and private entities designated by the State Department to carry out the responsibilities of the Exchange Visitor Program, the Department designates public and private entities to act as exchange sponsors. The hosting company is the entity which will provide the training, internship, and cultural program for the foreigner.

Advantages of the J-1 Program

- up to 18 months
There are many advantages in participating in the J Exchange Visitor Program. The American companies hosting international trainees and interns through can improve their worldwide business contacts and expand the company's presence in the international marketplace. Compared to the H-1B visa program, the J program is relatively mild in terms of regulatory requirements and is not subject to any visa cap. The fees are also lower and the duration of sponsorship is also shorter. The foreign trainees and interns would be able to gain valuable career training and work experience, while at the same time experiencing the American life style. Their spouses and children may also accompany them to visit the U.S. on the J-2 visa.




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Foreign Trainees and Interns Eligibility
To be J-1 trainees and interns, the candidates must demonstrate that the proposed J-1 training does not duplicate their previously completed work or training. They must possess sufficient English-speaking skills. They must also demonstrate how the training will be used upon return to the home country and their intent to return to the home country. Specifically for trainees, they must possess a post-secondary degree or professional certificate from an academic institution outside of the United States, plus one year of non-U.S. work experience related to the proposed training, or at least five years of non-U.S. work experience related to the proposed training. 

Specifically for interns, they must also be currently enroll in a post-secondary academic program outside of the United States, or graduated within the past 12 months from a post-secondary institution outside of the United States.

Hosting Company Eligibility  (look for it yourself, apply for internships)

The potential host company needs to be in business for at least 24 months. Smaller companies with fewer than 25 employees or $3,000,000 in annual revenue must pre-qualify with the J visa sponsor before applications will be considered. They must have less than 10% of its total staff members in a J-1 Exchange Visitor Training Program. Additionally, the hosting company must have established a bona fide training program in a designated occupational category and has qualified personnel and appropriate facility to provide the proposed training/internship. Most importantly, the J-1 Exchange Visitor will not be engaging in ordinary employment, or fill a position that could be occupied by American workers.
Designated Occupational Categories

The J-1 Exchange Visitor Program covers many professions and educational field including law, communications, publishing, information technologies, sciences, engineering, architecture, mathematics, journalism, software development, art, design, business, etc. The goal is to include as many qualified international visitors as much possible.

Conclusion
As we are moving towards a truly global and international economy and market place, international training programs such as the J-1 program provides valuable opportunities for two countries to exchange their ideas and learn from each other. These J-1 trainees and interns will return home with new career skills and a better understanding of the American culture and people. This in turn will directly or indirectly create more business opportunities between the two countries.

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1) Do Your Research

Finding the right internship that will enhance your current skills can be a time-consuming task. Look at a number of different types of organizations (private for-profit businesses, nonprofits, government organizations) and try to determine what type of culture might be a good fit.

Once you have established the type of organization you are interested in working for, start monitoring job websites where internships are frequently posted. Don’t be afraid to also send emails to companies asking if they would be able to accommodate you as a J-1 intern or trainee.

There are a number of great websites to look for internships in a variety of sectors. These sites will often allow you to narrow your search by location, industry, or other keywords:

Global Jobs

Idealist

LinkedIn

Glassdoor

Internships.com

Indeed

Looksharp

YouTern

Global Experiences

CoolWorks

And remember, if you identify a company you’d like to pursue, be sure to try to learn as much about it as you can. Does the company have a history of hiring people with your background? Who will you work with if you land the job?

Signing up for an online newsletter and mining social media (both the company’s own channels and what’s said about them elsewhere online) is a great way to learn about an organization’s culture and recent initiatives.