by Victoria Chen, J.D.(陈品瑞律师法律博士)
Q1: What is the purpose of J-1 visa?
A: J-1 visa is for a person coming to the United States as a student, researcher, professor, nonacademic specialist, physician, international visitor, camp counselor, au pair, or summer student in a travel/work program.
Q2: What is the period of stay of J (J-1 and J-2) visa?
A: The initial admission of an exchange visitor, spouse, and children may not exceed the period specified on Form DS-2019, plus a period of 30 days for the purpose of travel or for the period designated by the USCIS. A spouse or child (J-2) may not be admitted for longer than the principal (J-1) exchange visitor. J-1 exchange visitors are admitted for “duration of status “ to complete the programs reflected on Form DS-2019 and are not given a date certain on their I-94 Arrival/Departure record.
Q3: What is foreign residency requirement? How does it influence a J visa holder?
A: Some J-1 holders are subject to foreign residency requirement and must leave the United States after their visa are due. Any individual classified as a J-1 nonimmigrant who is subject to the foreign residence requirement and who has not received a waiver of the residence requirement is not eligible to change his or her nonimmigrant status within the United States, except when the individual applies to change to an A or G visa classification. The J-1 nonimmigrant who is subject to the foreign residence requirement is also barred from obtaining an H or L visa and is barred from applying for a K fiance visa or adjustment of status to permanent residence.
Q4: May a J-1 holder obtain a different nonimmigrant visa in a U.S. Consulate aboard?
A: Yes, except for H, L or K. Though precluded from changing status to another nonimmigrant category while in the United States, the J-1 nonimmigrant who is subject to the foreign residence requirement is permitted to obtain a nonimmigrant visa (other than H, L or K) at a U.S. Consulate abroad, if eligible.
Q5: Who is subject to the two year foreign residency requirement before they may change to certain other nonimmigrant visa categories or before they may obtain permanent residency?
A: The two-year foreign residency requirement is triggered where:
1.The exchange visitor's program was financed in whole or part by the U.S. government, or by the government of the person's nationality or country of last residence;
2.Exchange visitors possess skills particularly required by their own countries; and
3.Exchange visitors who came to the United States in order to receive graduate medical education or training.
The spouse and children of J-1 visa holder are also subject to the requirement.
Q6: On what condition may a waiver be provided?
A: Exchange visitors subject to the foreign residence requirement may receive a waiver of it on one of four bases:
1.A waiver may be requested by a United States governmental agency on behalf of the exchange visitor. This is usually couched in terms of being beneficial to the United States security interests or to that of the public good.
2.A waiver may be obtained when the foreign residence requirement would result in exceptional hardship to the U.S. citizen or permanent resident spouse or child.
3. If the exchange visitor can show that he or she would be subject to persecution in the home country on the basis of race, religion, political opinion, nationality, or membership
4.The exchange visitor's home government issues a letter of “no objection “ to the exchange visistor's remaining in the United States (foreign medical graduates are not eligible for this waiver).
http://www.wegreened.com
Q1: What is the purpose of J-1 visa?
A: J-1 visa is for a person coming to the United States as a student, researcher, professor, nonacademic specialist, physician, international visitor, camp counselor, au pair, or summer student in a travel/work program.
Q2: What is the period of stay of J (J-1 and J-2) visa?
A: The initial admission of an exchange visitor, spouse, and children may not exceed the period specified on Form DS-2019, plus a period of 30 days for the purpose of travel or for the period designated by the USCIS. A spouse or child (J-2) may not be admitted for longer than the principal (J-1) exchange visitor. J-1 exchange visitors are admitted for “duration of status “ to complete the programs reflected on Form DS-2019 and are not given a date certain on their I-94 Arrival/Departure record.
Q3: What is foreign residency requirement? How does it influence a J visa holder?
A: Some J-1 holders are subject to foreign residency requirement and must leave the United States after their visa are due. Any individual classified as a J-1 nonimmigrant who is subject to the foreign residence requirement and who has not received a waiver of the residence requirement is not eligible to change his or her nonimmigrant status within the United States, except when the individual applies to change to an A or G visa classification. The J-1 nonimmigrant who is subject to the foreign residence requirement is also barred from obtaining an H or L visa and is barred from applying for a K fiance visa or adjustment of status to permanent residence.
Q4: May a J-1 holder obtain a different nonimmigrant visa in a U.S. Consulate aboard?
A: Yes, except for H, L or K. Though precluded from changing status to another nonimmigrant category while in the United States, the J-1 nonimmigrant who is subject to the foreign residence requirement is permitted to obtain a nonimmigrant visa (other than H, L or K) at a U.S. Consulate abroad, if eligible.
Q5: Who is subject to the two year foreign residency requirement before they may change to certain other nonimmigrant visa categories or before they may obtain permanent residency?
A: The two-year foreign residency requirement is triggered where:
1.The exchange visitor's program was financed in whole or part by the U.S. government, or by the government of the person's nationality or country of last residence;
2.Exchange visitors possess skills particularly required by their own countries; and
3.Exchange visitors who came to the United States in order to receive graduate medical education or training.
The spouse and children of J-1 visa holder are also subject to the requirement.
Q6: On what condition may a waiver be provided?
A: Exchange visitors subject to the foreign residence requirement may receive a waiver of it on one of four bases:
1.A waiver may be requested by a United States governmental agency on behalf of the exchange visitor. This is usually couched in terms of being beneficial to the United States security interests or to that of the public good.
2.A waiver may be obtained when the foreign residence requirement would result in exceptional hardship to the U.S. citizen or permanent resident spouse or child.
3. If the exchange visitor can show that he or she would be subject to persecution in the home country on the basis of race, religion, political opinion, nationality, or membership
4.The exchange visitor's home government issues a letter of “no objection “ to the exchange visistor's remaining in the United States (foreign medical graduates are not eligible for this waiver).
http://www.wegreened.com
