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The
J-1 category is a general category that is utilized
to allow a foreign national to come temporarily
to the United States to gain work experience, engage
in cultural activities or participate in an educational
experience. The application for the category must
demonstrate that they have a residence abroad, which
they do not intend to abandon. As in the case with
the F-1 Student visa or B-2 visitor visa, applications
for the J-1 visa must prove to the US Consulate
that they have strong enough family, economic and
social ties to their own country that they will
not immigrate to the United States, but will depart
to their home country at the conclusion of their
stay.
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J-1Training program:
The J-1 category is available to workers to promote
educational and cultural exchange. In offer to obtain
a J-1 visa for an employee a company must either become
designed by the Department of State as a qualified
J-1 visa program sponsor or must initiate an application
through an approved third party training sponsor organization.
For large publicly traded corporations, or for those
companies that utilize foreign workers temporarily
in internships or serve as trainers for their subsidiaries
abroad, it may be worthwhile to apply for the designation
as a J-1 sponsor. The application is made through
the Department of State in Washington and once granted
is effective for the purpose and period stated in
the grant. Once the program designation is granted
the company may simply issue a form IAP-66 to the
prospective worker or trainee and the individual may
then travel to the US Consulate in his or her country
and apply for the J-1 visa. The processing time in
bringing foreign nationals to the US is therefore
greatly reduced.
For those who do not have the need for a grant to
act as a sponsor of multiple individuals, an application
can be made through an existing third party organization
that has been granted the authority to act as a training
sponsor. There are dozens of organizations that have
been authorized by the Department of States. These
organizations review and approve the application made
by the individual and the proposed employer and then
issue a form IAP-66, which is the Certificate of Eligibility
for the J-1 training program. Each of the authorized
program sponsors has different requirements, filing
fees and procedures. Almost all programs however,
require that the employer submit a detailed training
program and the purpose of the training. The program
application must spell out in detail the type and
chronology of training and whether on the job training
is required. Once the third party sponsor approves
the application the sponsor will send the completed
Form IAP-66 form to the foreign national. The foreign
national will then submit the IAP-66 to the US Consulate
together with supporting documentation and will be
issued the J-1 visa. Canadians and British Commonwealth
nationals that are also Canadian landed immigrants
need not obtain a visa but may process the application
directly at the border crossing point. |
Requirements
:
The minimum requirements that a foreign national must
possess for the issuance of the J-1 will vary according
to the requirements of the third party training sponsor
organization. Some require that the applicants have
at least a Bachelor’s Degree, while many require only
a High School Diploma or a minimum amount of experience
in the field of the work to be trained in. Many sponsors
have age requirements or other requirements. |
Dependents
:
Spouses and unmarried children under age 21 of the
J-1 principal are also able to come to the United
States on a J-2 visa for the period of the training
program. Spouses may obtain employment authorization
from the US INS once in the United States. However,
a J-2 employed spouse may only use his or her income
to support the family’s customary recreational and
cultural activities and travel. The INS will not authorize
employment for J-2 dependents if the income is needed
to support the J-1 principal alien. Employment for
the spouse is however not restricted and the J-2 spouse
may find employment on the open market. |
Other
benefits :
J-1 employees are exempt from FICA withholdings. 7.65%
of the earnings of a USA employee and holders of other
nonimmigrant visas are normally withheld from earnings
for Social Security and Medicare. In addition the
employer of a US worker pays another 7.65% of the
earnings as a match to the employee contribution.
Neither the employer nor the employee is required
to pay to the US these taxes. |
Two-year
home residence requirement :
Nationals of certain countries who will be obtaining
training in areas listed on the Department of State’s
Skills List are not allowed to come to the United
States on a J-1 visa and then change to any other
nonimmigrant status in the US or to immigrate to the
United States until they have returned to their home
country for a minimum of two years. The Skills List
is published by the Department of State and is organized
by country. It contains several skills groups, each
of which contains numerous categories of skills. It
is difficult to obtain a waiver of the requirement
of returning to the home country for the two-year
duration. It is therefore important to check the Skills
List before applying for the IAP-66 form. Mosrebet
Asian and European countries do not fall under the
Skills List. You can check the link here to see if
your occupation falls within the Skills List. |
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The use of this site constitutes acceptance of the fact that the information contained on this site is solely for general educational purposes and may not be considered as legal advice. Using the information on this site does not establish an attorney-client relationship. The information contained on this site should not be used to solve individual legal problems. A competent attorney should be contacted to discuss your specific individual legal problems. Every attempt is made to keep this site current, however because the immigration laws are constantly changing, some of the information on this site may be outdated. In no event will The Lamboley Law Firm, LLC be liable for any loss suffered, however caused, as a result of using this site or relying on the information contained on or linked to this site.

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