J Visa Overview
The J visa is accorded to a nonimmigrant, having no intention of abandoning foreign residence. He or she is treated as an exchange visitor wishing to stay in the US temporarily.
Kidambi & Associates, P.C. works with the American Immigration Council to offer J Visa options to Clients. An overview of the J Visa process and frequently asked questions about eligibility and qualifications can be found here.
Questions about J Visa answered via Ask Kidambi on our website
| Can I avoid the two-year home country residence requirement for J visa holders? I have a J Visa issued by the AIESEC. |
There is a limitation on the J-1 Visa that requires the incumbent to fulfill a 2 year home country residence requirement pursuant to Section 212(e) of the Immigration and Nationality Act. However, not all J-1 Visas have this limitation. You must first determine whether the J-1 visa issued by AIESEC has this limitation. In the event that it does, there are ways of seeking a waiver in the United States based on (a) hardship (b) A recommendation by an Interested Federal Government Agency and (c) on the basis of a No Objection Letter from the individual's home country sent through diplomatic channels. I recommend that you explore the possibility of entering the U.S. on other visa categories to avoid being subject to the J-1 two-year home country residence requirement.
| Both my wife and I have J-1 visas. However, her J-1 [IAP-66] does not have the § 212(e) home country residence requirement. Why? Does this mean we can change status without having to go back home? |
I have a strong feeling that the notation on the IAP-66 may be an error. Please note that it is not binding on an USCIS inspector or examiner, or consular officer. They could still look at the underlying facts and find your spouse subject to the 2-year requirement.
Can I use a J Visa to Work as a Teacher? |
The J visa would limit you to one-year terms at the most and be restricted to three years. It would also restrict your ability to apply for permanent resident status in the U.S. For case specific analysis, kindly contact the Office for an appointment. |
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