According to U.S. immigration law, an immigrant visa is a specific type of visa document which allows a foreign national to enter into the U.S., and eventually apply for lawful permanent residency. Lawful permanent residents are generally given the same rights as natural-born citizens, such as the right to work within the country, and the right to pursue citizenship.
Immigrant visas can be categorized as three broad categories. Generally speaking, a person who is seeking an immigrant visa must find another person or organization who will petition them to relocate to the U.S. Because of this, immigrant visas are generally categorized according to the applicant’s relationship to their petitioner.
An example of this would be the following three types of immigrant visa categories:
- Family-Based: Those who qualify as petitioners may include immediate relatives, close family members, fiancés, and other people who are willing to help the applicant receive their visa;
- Employment-Based: Employers may act as an immigrant’s petitioner, in order to petition a worker to relocate permanently to the U.S. for employment; and
- Special Immigrants: An example of special immigrants as employees would be religious workers, or applicants who are from selected countries.
It is important to note that for some employment-based immigration visas, work certification may be required. What this means is that an employer will need to verify that the person is filling a legitimate employment need.
Immigrant visas are characterized by the applicant’s general intent to relocate permanently to the United States. This is in contrast to other types of non-immigrant visas in which the applicant only intends to stay temporarily. An example of this would be student visas or temporary work visas. An applicant for nonimmigrant status must prove that they do not intend to stay or live permanently in the United States. Additionally, there are specific factors which may exclude an applicant from receiving a non-immigrant visa. An example of this would be having a criminal felony record.
What Is An Exchange Visitor Visa?
Exchange visitor visas are another specific type of permit which allows nonimmigrant foreigners to participate in exchange programs for short periods of time in the United States. Immigration laws currently have two visa categories for exchange visitors who are coming to the United States: J visas and Q visas, both of which are temporary in nature.
J visas are for intended nonimmigrant aliens who are participating in educational and/or cultural exchange programs. These programs must first be approved by the Department of State, and include study abroad and student exchange programs.
Q Visas are generally reserved for foreign immigrants who are participating in international cultural exchange programs. Generally speaking, these are programs that have been approved of or accredited by the United States Citizenship and Immigration Services, or USCIS.
Both of these exchange visitor visa categories have different requirements and eligibility factors which must be met in order for a person to receive approval. Additionally, the availability of these visas may vary according to the year of application, as well as the applicant’s country of origin. United States immigration law is commonly subject to changing presidential administrations as well.
What Is A J-1 Visa?
Simply put, the J-1 visa is one of the exchange visitor visas. The purpose of a J visa in general is to promote the exchange of individuals, knowledge, and skills in the fields of education, arts, and sciences. The J visa is especially popular among students who are obtaining medical degrees in the United States.
J visa participants include, but may not be limited to:
- Students and teachers at any academic level;
- Trainees who are obtaining on-the-job training;
- Trainees who are obtaining training in the field of medicine;
- Professors who are conducting research and/or are teaching at an institution; and
- Visitors who are:
- observing;
- consulting;
- conducting research;
- training; and/or
- sharing specialized knowledge or skills.
Specific examples of participants in J visa programs generally include:
- Students;
- Professors;
- Teachers;
- Researchers; and/or
- Employees who are engaged in on-the-job training for specific companies, generally larger corporations.
In order obtain a J Visa, the applicant must generally show that:
- They have sufficient funds in order to cover all of their travel expenses;
- They possess the required vocational and/or educational preparation for the particular program;
- They possess a working knowledge of the English language;
- They carry medical insurance that meets the program minimum requirements;
- They have what’s known as “binding ties” to their residence in their country of origin, which are ties considered to be sufficient enough to show that they will return to their country of origin; and
- They will only remain in the United States temporarily, and in connection with the program.
Additionally, if the applicant is coming to the United States for medical education or training, they will need to pass the Foreign Medical Graduate Examination in Medical Services. The applicant will also need to speak English competently. Physicians who are using a J visa for the purpose of consultation, observation, teaching, and/or conducting research in a program in which there is little to no patient care are not subject to these requirements.
Eligibility for employment under a J-1 visa largely depends on the terms of the program in which the applicant is participating. If the program by nature involves paid work, the applicant will be allowed to work for pay. However, participants are generally not allowed to seek outside employment.
The spouse and/or minor children of a J visa holder may apply for a J-2 visa in order to accompany the J visa holder. The J-2 visa applicant will need to provide sufficient financial resources in order to cover their expenses while they are in the United States. Additionally, they may apply for authorization from the USCIS in order to accept employment.
However, it is important to note that the J-2 visa holder’s employment cannot be used in order to support the J-visa holder. Additionally, their employment is limited to either the duration of the J visa holder’s program or 4 years, whichever amount of time is shorter.
What Are Some Of The Most Common Legal Issues That Are Associated With Exchange Visitor Visa?
There are a number of different legal issues that are associated with either a J exchange visitor visa or a Q exchange visitor visa. These include, but may not be limited to:
- When the applicant travels outside of the U.S. after being admitted into the United States on a J or Q visa;
- The process of having an educational and/or cultural program designated in connection with a J visa or a Q visa; and
- A limit that is placed on the number of exchange visitor visas that may be issued in a specific year.
Do I Need An Attorney To Apply For A J-1 Visa?
Keep in mind that only U.S. State Department designated sponsors are authorized to issue the Certificate of Eligibility that you will need in order to obtain a J-1 visa. If you have any questions or need help applying for a J-1 visa, you should contact an immigration attorney. Your lawyer can help you understand the requirements of a J-1 visa, as well as represent you in court, should any legal issues arise.
Additionally, a lawyer can help you obtain a J-2 visa if you are entering the country on a J-1 visa, and wish to bring along your spouse and/or dependent children.
