lawyer who has experience with student visas) j1

by Mr. Edwin O'Connell PhD 3 min read

What is a J-1 student visa?

VisaNation Law Group’s J-1 visa lawyers are experienced in handling complex J-1 cases including those with previous denials or other immigration situations. They are experienced in obtaining J-1 visa extension and acquiring the J-2 visa for your family members.

Do I need an immigration lawyer to get a J1 visa?

J1 Visa - Exchange Visitor Program J1 Visa Lawyers in Central Florida. The J-1 Visa is granted to exchange visitors coming to the U.S. to study, work, train or be trained as part of an exchange program officially recognized by the U.S. Information Agency. The objective is to promote the exchange of knowledge and skills in different areas.

What can you do with a J1 exchange visa?

J-1 – Exchange Visitor, Austin Immigration Attorneys | Law Office of William Jang, PLLC Call Today 512-323-2333 We help families and individuals Achieve the American Dream. Start Your Evaluation Chat Live Now! Law Office of William Jang, PLLC / Services / J-1 – Visa J-1 – Exchange Visitor Basic Requirements:

Can a J2 visa holder work in USA?

The J1 visa is a great option for people who want to visit the United States. This visa allows you to gain experience by receiving on-the-job training, teaching, or conducting research. The J1 visa allows foreign nationals to visit the United States to participate in programs performing as: an au pair. camp counselor.

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Can I apply for a student visa while on J-1 visa?

If you are a J-1 visa holder admitted to an academic study program in the United States, you aren't necessarily stuck with that as your only possible immigration status. For one thing, you are permitted to change your status to F-1 if you intend to pursue studies as a full-time, academic student.

Can a student get rejected for J-1 visa?

Prove that you are coming to the U.S. for educational purposes! You will need to pass a security check. If your name is noted in the system, you can experience a J1 Visa Denial. Additionally, if you had overstayed a previous visa or you are accused of criminal charges, you will not be able to get your visa.

Can a J-1 visa holder apply for green card?

Technically, J-1 visa holders are not eligible for the U.S. green card. In order to obtain a J-1 visa, you need to demonstrate that you have ties to your home country (such as family or assets) and that you fully intend to return once your J-1 stint has ended.

Is getting J-1 visa difficult?

J1 visas are also quite easy to get approved. The length of stay depends on the type of activity. Those pursuing academic study may get a visa for up to three years, while camp counselors will typically only get a 3-month stay. Extensions are also variable, depending on the category of visa.

Why would a J1 visa be denied?

The most common reasons for denial of an exchange visitor visa are that the consul officer does not believe you intend to return home upon the completion of your program or, if you will be a student, that you have failed to prove you can pay for your education without working.

How can I stay in US after J1 visa expires?

If your J1 visa has expired, you will be required to return to your home country for at least two years before being allowed to apply for any additional visas. This is not always possible and can sometimes simply be impractical. If this is the case, you can apply for a J1 visa waiver which will waive this requirement.Mar 15, 2022

Can you change from J-1 to H1B?

To transfer your J1 visa to an H1B visa: You must obtain a job offer from a US employer before you can apply. You must go through the H1B visa application process.Feb 18, 2022

Which is better J-1 or H1B?

The J1 visa is the best option for pursuing a fellowship if one is interested in having broader options to apply (most programs do not offer H1b visa but do accept J1) and the benefit of getting a permanent residency status is not an important objective – or if the applicant is sure to be willing to pursue a waiver ...Nov 22, 2017

Can J-1 adjust status?

If your visa number becomes available before your J-1 visa expires, you can apply for the green card from the United States. Applying for a green card from within the United States is called the “adjustment of status” process.Oct 11, 2021

What is the 2 year rule for J-1?

Overview. Some exchange visitors with J-1 visas are subject to a two-year home-country physical presence requirement. It requires you to return home for at least two years after your exchange visitor program. This requirement is part of U.S. law, in the Immigration and Nationality Act, Section 212(e).

How long does J1 visa take after interview?

The waiting period for a J1 U.S. Visa is usually between 6-10 weeks. Although it does depend on your country's cooperation with the American consulate.Nov 29, 2021

How do J-1 interview questions?

9 Questions in your J1 Visa InterviewWhat do you study? ... Where will you go this summer and what will you work? ... Have you ever been to the USA before? ... Why do you want to go to the USA? ... What are your plans for the future? ... What are your travel plans in the USA? ... Are you traveling with friends or family?More items...

What is a J-1 trainee?

An employer may contact the agency concerning a particular foreign national, and if the foreign national fits the program’s profile, the agency will be able to sponsor the J-1 applicant to obtain special training. During the training period, trainees are allowed to work for the employer and are to be paid by the employer for a period of 18 months while they are receiving training from the employer.

How long is an au pair valid?

Under current regulations, an au pair can come from any country with which the U.S. has diplomatic relations. The J-1 is usually valid for 1 year; however, it can, under certain circumstances, be extended for an additional year. The au pair must be a secondary school graduate, between the ages of 18 and 26, and must be proficient in English.

Can I get a green card if I am on a J-1 visa?

Green Cards are available to J-1 visa holders. The J-1 visa holder may apply through employment-based or family-based immigration. The applicant must first submit an immigrant petition (I-140) to the USCIS. Then, if the applicant is living in the U.S., submit an application for Adjustment of Status. If the applicant is living outside the U.S, they must apply for an Immigrant Visa through consular processing.

Two Years Foreign Residence Requirement

Before some J-1 visa holders may obtain nonimmigrant or permanent residency visas in the L or H categories, they may be required to satisfy a two year foreign residence requirement following the completion of their visit.

Duration of Stay

The duration of stay for individual J-1 visa holders will directly depend upon the following classifications within the Exchange Visitor Program:

Family Members

The derivative J-2 status will be available to the spouse and children of any person who obtains J-1 status. To be eligible, children must be under the age of 21 and be unmarried. As such, spouses and children of J-1 visa holders may accompany and remain with their loved ones for their duration of their stay.

Fees for the J-1 Status Change Application

At the Law Office of William Jang, PLLC, our Austin immigration attorneys will charge the following in attorney’s fees to file your application from within the United States at the U.S.

Waiver of the Two-Year Foreign Residence Requirement

There are a number of waivers that may be obtained to satisfy the two-year foreign residency requirement. The following waivers may be obtained by the exchange visitors:

Fees for the J-1 Two Years Foreign Residence No-Interest Waiver

At the Law Office of William Jang, PLLC, our Austin immigration attorneys charge the following in attorney’s fees during the visa application process from within the United States and with the U.S.

What is a J1 visa?

The J1 visa is a great option for people who want to visit the United States. This visa allows you to gain experience by receiving on-the-job training, teaching, or conducting research. The J1 visa allows foreign nationals to visit the United States to participate in programs performing as:

What is a J1?

The J1 allows foreign nationals to gain experience. You can work in a wide range of fields. The J1 provides an opportunity for foreign nationals to improve their English. You can also learn about American culture and learn relevant career skills.

How long do you have to stay in the US after J1?

Some J1 participants and their dependents are required to return to their home country for two years after completing their program. Both the participant and their dependents may be subject to this requirement. Additionally, those seeking new visa status may be subject to this requirement. Please note that you can ask for a waiver of this two-year requirement. Here, significant negative impact can be demonstrated. Alternatively, you can show that you would face persecution as a result of this requirement. An immigration lawyer can help you determine if you are subject to the two-year home residence requirement and/or qualify for a waiver.

What does a sponsor do?

A sponsor approves a program and oversees the foreign national working in the position. A sponsor often does not work directly with the foreign national. Oftentimes, a host organization or other third party does this. However, the sponsor is accountable for the third party and assuring the program’s success. Some of the duties of the sponsor include ensuring that the position satisfies all conditions for the J1 visa program, hiring foreign nationals, ensuring that both the program and the J1 visa holder uphold their responsibilities for the program, and updating the Student and Exchange Visitor Program (SEVIS) if there are any changes in the program.

What is DS-2019?

The DS-2019 requires your biographic, exchange program, and financial information. This form is issued through the Student and Exchange Visitor Program (SEVIS). It enables the US Citizenship and Immigration Services (USCIS), US Immigrations and Customs Enforcement (ICE), and US Customs and Border Protection (CBP) to monitor your immigration status. This document is used to prove you have a sponsor and enables you to schedule a visa appointment with the consulate.

How long do au pairs live?

Au pairs live with an American family and provide childcare for a minimum of 12 months. A 12-month extension is available. In exchange for work, au pairs receive a stipend and room and board. Au pairs must also complete a minimum of six hours of academic credit at a US university.

Who is Ashoori Law?

Hands down, Ashoori Law is a firm that you can rely on. As a greencard holder working ab road, It can be quite a struggle to do your own legwork in applying for a travel document especially in these trying times with the pandemic. I tried looking up...

What is a J1 visa?

The J-1 visa in the United States is for people who wish to take part in work-and-study-based exchange and visitor programs in the U.S. These programs are sponsored by an educational or other nonprofit institution, which must be accredited through the Exchange Visitor Program designated by the U.S. State Department. J-1 exchange visitors come to the United States to teach, study, receive training, or demonstrate special skills. The J1 visa is meant for students who need practical training that is not available to them in their home country, and the training must be directly related to their academic program.

What is a foreign student program?

This program allows foreign students to study at American colleges and universities. Students who participate in this program must pursue a full-time course of study and must maintain good academic standing. They might also participate in a student internship program that fulfills educational objectives of their degree programs in their home countries.

How old do you have to be to be an au pair?

Other prerequisites include: 18-26 years of age.

What is an au pair?

The Au Pair category of the J-1 Exchange Visitor Program allows for childcare providers between the ages of 18 and 26 to work caring for a family’s children in exchange for room, board, and a stipend. The main priority of an au pair is to care for his or her charge (s), but he or she will also have free time to enjoy life in the US.

How many hours of childcare do you need to be an au pair?

While working in the US, the au pair must provide no more than 10 hours of childcare services a day, with a maximum of 45 hours per week. He or she must also complete at least six hours of academic credit at a US post-secondary educational institution.

Can high school students travel to the US?

Under this program, high school students are able to travel to the US and study at a public or private high school while staying with a host family or at a boarding school.

What are the responsibilities of an au pair?

The au pair’s responsibilities may include bringing the children to and from school and other activities, helping them with homework, helping to keep children’s rooms clean, and cooking light meals for the children. The host family is required to pay up to $500 towards the au pair’s required academic coursework.

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Benefits/Uses

  • The J-1 visa program has several key benefits. For starters, its flexibility is a major advantage: Unlike certain other types of visas, J-1 visas are available to a variety of individuals. Depending upon the length of the program for which it has been issued, a J-1 visa may remain in effect for …
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Requirements/Qualifications

  • To ensure that they remain in good standing, J-1 visa holders must adhere to several standards and requirements: 1. Written and spoken English proficiency as demonstrated by the results of a TOEFL test 2. Sustained participation in a sanctioned cultural exchange program 3. Agreement not to work in the United States without permission from their program administrators In certai…
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Limitations/Drawbacks

  • The J-1 visa program’s key drawback is the requirement that all visa holders must return to their countries of origin for 24 months after the termination of their cultural exchange programs. During this time, they may not apply for other types of visas. Although it is possible to secure a “J-1 waiver” that nullifies this requirement, this can be difficult to do. J-1 visa holders who wish to se…
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How We Can Help

  • At the Gutierrez Law Firm, we are firm believers in the power of the cultural exchange programs in which various American and foreign institutions participate. As such, our compassionate J-1 visa lawyers are committed to securing entry clearances for foreign nationals who wish to participate in these programs. With nearly 25 years of experience in the field of immigration law, we can gui…
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