J-1 Visas for Interns and Trainees

Overview of the J-1 Visa

The J-1 visa is a non-immigrant visa for an exchange visitor wishing to stay temporarily in the U.S. There are a number of different programs within the J-1 category. These include interns, trainees, professors or scholars, research assistants, students, teachers, specialists, nannies/au pairs, and camp counselors. At Vrazalic Law Firm, we assist individuals with two of these categories: J-1 Intern visas and J-1 trainees visas. We also assist our clients with J-1 waivers.

Qualifying for the J-1 Visa

J-1 Interns

The purpose of the J-1 intern visa is to reinforce a student’s academic study, recognize the need for work-based experience, provide on-the-job exposure to U.S. techniques, methodologies and expertise, and enhance the intern’s knowledge of U.S. culture and society. The maximum duration for a J-1 intern visa is 12 months.

To qualify for the J-1 intern visa, the applicant must be:

• Currently enrolled in and pursuing studies at a degree- or certificate-granting post-secondary academic institution; OR have graduated from such an institution no more than 12 months before their exchange visitor program “begin” date
• 18 years or older and speak English at an advanced level

J-1 Trainees

The purpose of the J-1 trainee visa is to enhance a trainee’s understanding of U.S. culture and society and his/her occupational field through exposure to U.S. techniques, methodologies and expertise. The maximum duration for a J-1 trainee visa is 18 months.

To qualify for the J-1 trainee visa, the applicant must:

• have either a degree or professional certificate from a foreign post-secondary academic institution and at least one year of prior related work experience in his/her occupational field acquired outside of the U.S. OR five years of work experience outside the U.S. in his/her occupation field
• be 20 years old or older and speak English at an advanced level

J-1 Waivers

Some foreign nationals who enter the U.S. in J-1 visa status are subject to a two-year home residency requirement. The requirement must either be satisfied or waived by USCIS before the foreign national can change status to H, L, or K or seek permanent residency (apply for green card status).

If the foreign national is unable to comply, the individual may petition the government to waive the requirement. There are four ways to obtain a waiver of the two-year home residency requirement:

• No Objection Statement from the individual’s home country
• Request by an Interested U.S. Federal Government Agency
• Persecution based on race, religion or political opinion
• Exceptional Hardship to a U.S. citizen (or lawful permanent resident) spouse or child of an exchange visitor

To learn more about your options contact our San Francisco law firm to speak with one of our immigration attorneys.