J-Visas (Exchange Visitors)
The Exchange Visitor Program is carried out under the provisions of the Mutual Educational and Cultural Exchange Act of 1961, as amended. The purpose of the Act is to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges. International educational and cultural exchanges are one of the most effective means of developing lasting and meaningful relationships.
Designated sponsoring organizations facilitate the entry of foreign nationals into the United States as exchange visitors to complete the objectives of one of the exchange visitor program categories, which are:
* Au pair
* Camp Counselor
* Student, college/university
* Student, secondary
* Government Visitor
* International Visitor (reserved for U.S. Department of State use)
* Alien physician
* Professor
* Research Scholar
* Short-term Scholar
* Specialist
* Summer work/travel
* Teacher
* Trainee
Each category of exchange has specific requirements and regulations. The MacKenzie Law Firm has experience assisting U.S. corporations and foreign nationals in obtaining the necessary documentation for teacher and trainee positions. To date we have obtained visas for Management Trainees in commerce, marketing, sales, information technology and sports.
Two-Year Foreign Residency Requirement
An exchange visitor is subject to the two-year home residence requirement, if the following conditions exist:
* The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the United States government or the government of the exchange visitor's nationality or last residence;
* The exchange visitor is a national or resident of a country designated as requiring the services of persons engaged in the field of specialized knowledge or skills in which the exchange visitor was engaged for the duration of their program;
* The exchange visitor entered the United States to receive graduate medical education or training.
If the exchange visitor is subject to the two-year home residence requirement, he or she cannot change his or status to that of H, L, K, or immigrant lawful permanent resident ("LPR") until he or she has returned to his/her home country for at least two-years or received a waiver of that requirement. Such waivers can be obtained under five separate basis: No Objection Statement, Exceptional Hardship or Persecution, Conrad Program, or Interested Government Agency.
The MacKenzie Law Firm has assisted clients obtain both No Objection and Exceptional Hardship Waivers. If you have any questions about obtaining a waiver or if you are not sure whether you are subject to the two-year home residence requirement, please contact our office for a consultation.