Non-Permanent Visas: International Exchange Visitors, Interns, Trainees and Research Scholars
- Qualifications
- Business Trainees and Interns
- Key Points Concerning Trainee and Internship Programs
- Trainee Qualifications
- Intern Qualifications
- Special Rule – The Two Year Foreign Residence Requirement – Section 212(e)
- Processing Procedures
- Time Limits on J-1 Visas and Admissions and Extensions of Stay
- Renewal of J-1 Visas
- Dependents and Benefits
- FAQs for J-1 Trainees and Interns
Qualifications
The J-1 nonimmigrant visa classification is available for foreign nationals coming to the United States to participate in an Exchange Visitor Program approved by the U.S. Department of State to gain practical experience, study, perform research or gain skills that can be brought back to the individual’s home country. The J-1 is commonly utilized by teachers, students, research scholars, interns, business trainees, international and government visitors, medical interns, camp counselors and au pairs.
U.S. sponsors/employers may utilize their own U.S. Department of State approved J-1 program or use another organization’s established and approved J-1 program. There are several well-established organizations that allow companies to utilize the organization’s J-1 program to seek sponsorship of J-1 applicants.
There are fourteen categories available for individuals to utilize for J-1 visa purposes:
Private Sector Categories
- Trainee
- Intern
- Summer/Work Travel
- Camp Counselor
- Alien Physician
- Au Pair and EduCare
Academic and Government Categories
- Government Visitor
- International Visitor
- Professor and Research Scholar
- Short-Term Scholar
- Specialist
- Student, Secondary School
- Student, College/University
- Teacher
Business Trainees and Interns
The most commonly used private sector categories are the Trainee and Intern. The following are the occupational categories available for trainees and interns:
- Agriculture, Forestry and Fishing
- Arts and Culture
- Aviation
- Construction and Building Trades
- Education, Social Sciences, Library Science Counseling and Social Services
- Health Related Occupations
- Hospitality and Tourism
- Information Media and Communications
- Management, Business, Commerce, and Finance
- Public Administration and Law
- Sciences, Engineering, Architecture, Mathematics, and Industrial Occupations
- Any other occupational categories designated by the U.S. Department of State in the future
Key Points Concerning Trainee and Internship Programs
- Generally, all training programs have a maximum length of eighteen months
- The maximum duration for an intern program is twelve months
- Training programs in the fields of “Agriculture” and “Hospitality and Tourism” are limited to twelve months. However, if the program is in reality a management program, such as Hotel Management, the program may be up to a maximum of eighteen months
- All Hospitality and Tourism training and internship programs of six months or longer must contain at least three departmental or functional rotations
- Trainees and Interns are generally allowed to participate in additional training and internship programs under certain conditions:
- (i) For both trainees and interns, the additional training and internship programs must address the development of more advanced skills or a different field of expertise. Interns may participate in additional internship programs as long as they maintain student status or begin a new internship program within twelve months of graduation
- (ii) Trainees are eligible for additional training program after a period of at least two (2) years residency outside the United States following completion of their initial training program
- (iii) Participants who have successfully completed internship programs and no longer meet the selection criteria for internship programs may participate in a training program after a two year period of residency outside the United States following completion of their initial internship program
Trainee Qualifications
An individual may qualify as a J-1 Trainee if he/she possesses
- A degree or professional certificate from a post-secondary academic institution outside the United States and at least one (1) year of prior related work experience in his/her occupational field acquired outside the United States; or
- Five (5) years of work experience outside the United States in his/her occupational field.
A trainee must be coming to the United States to participate in a program in his/her specific occupational field.
Further, the trainee must have sufficient English language skills that are verifiable by a recognized English language test, by signed documentation from an academic institution or English language school, or through a documented interview conducted by the program sponsor or a third party in person, or by videoconferencing, or by web camera.
Intern Qualifications
An individual may qualify as a J-1 Intern if he/she is:
- Currently enrolled in and pursuing studies at a degree or certificate granting post-secondary academic institution; or
- Graduated from a degree or certificate granting post-secondary academic institution no more than twelve (12) months prior to the exchange visitor program begin date to participate in the internship program.
The intern must be coming to the United States to participate in a program in his/her specific academic field.
Further, the intern must have sufficient English language skills that are verifiable by a recognized English language test, by signed documentation from an academic institution or English language school, or through a documented interview conducted by the program sponsor or a third party in person, or by videoconferencing, or by web camera.
Special Rule – The Two Year Foreign Residence Requirement – Section 212(e)
Some J-1 nonimmigrants may be required to return to their home country for two years after completion of their stay in the U.S. in J-1 status. J-1 nonimmigrants subject to this rule are not eligible for U.S. lawful permanent residence or H or L visas until they have spent two years in their home country after completion of their J-1 stay in the United States. Very limited waivers of this requirement are available.
Generally, J-1 nonimmigrants subject to the two year foreign residence requirement are persons who either entered the United States in J-1 status in a field that is on the U.S. Department of State’s “Skills List” for their home country or their J-1 participation was financed in whole or part by a United States or other governmental agency.
The “Skills List” is divided by country. The list details those occupations and skills deemed in great demand in the specific country. Generally speaking, non-industrialized nations are listed in the “Skills List.”
Processing Procedures
An individual applying for a J-1 visa must first apply for participation in an approved J-1 Program. Approval of participation is evidenced by the issuance of a Form DS-2019 and DS-7002 by the J-1 program sponsor. After the DS-2019 and DS-7002 are issued by the J-1 program sponsor, the individual must apply for a J-1 visa at a U.S. Embassy or Consulate. After the J-1 visa is issued, the person may enter the United States and commence J-1 activities.
Time Limits on J-1 Visas and Admissions and Extensions of Stay
J-1 visa may be issued for varying lengths of time. The length of the J-1 visa is determined by the J-1 category desired. The following are the time limits imposed on several J-1 categories:
- Post-Secondary Students: Completion of degree plus eighteen months practical
training - Post Doctoral Students: Completion of degree plus thirty six months academic
training granted in 18 month increments - Business/Industrial Trainees: Eighteen months (some only twelve months)
- Professors and Scholars: Three years (can extend for three more years, but difficult)
- Short term Scholars: Six months
- Summer Work/Travel: Four months
J-1 visa holders are allowed to remain in the United States for the duration of their stay plus 30 days.
Renewal of J-1 Visas
J-1 visas must be renewed at an overseas U.S. Embassy or Consulate.
Dependents and Benefits
The spouse and all unmarried children under age of 21 years old receive J-2 visas. These family members may attend school in the United States. Further, the spouse may work in the U.S. However, employment authorization is not automatic. An application with the appropriate filing fee and supporting evidence must be submitted to the appropriate U.S. Citizenship and Immigration Services (USCIS) Service Center. When approved, the applicant will receive an Employment Authorization Document (EAD). This document is a card authorizing employment for the length of the J-1’s stay or 4 years, whichever is shorter.
FAQs for J-1 Trainees and Interns (Coming soon)
