Overview
This broad category is used by a wide variety
of non-immigrants including students, scholars,
trainees, teachers, professors, research
scholars and assistants, au pairs and international
or government visitors. These individuals
come to the United States temporarily for
the purpose of travel, observation, consultation,
research, training, or to participate in
an organized program.
Requirements Under the Various
J Categories
College and University Students
J students must be pursuing a full time
course of study that will lead to a degree
from an approved post-secondary educational
institution, or be participating in a full
time non degree course of study of up to24
months at an approved post-secondary educational
institution. Students are eligible for J
status if the U.S government, the government
of the student’s home country, or
an international organization in which the
United States is a member, finances their
program. Students are permitted to work
as long as it involves academic training
related to their course of study, is related
to academic funding, is on-campus work or
is required due to economic necessity.
Professors and Research Scholars
Individuals under this occupation are permitted
to temporarily enter the United States to
participate in teaching, research, observing,
lecturing, or consulting at research facilities,
museums, libraries, post –secondary
accredited educational institutions, or
other similar institutions. Status under
this category is granted for up to three
(3) years. It may be granted for up to six
(6) years if the United States or foreign
government directly funds the program. Medical
trainees and short-term scholars are excluded
from this category.
Short Term Scholars
The Short Term Scholars category applies
to professors or research scholars who are
seeking to enter the United States for a
short period of time .The maximum permitted
stay for a short term scholar is six (6)
months.
Trainees
The purpose of this category is to enhance
the alien’s skills by having him participate
in a structured training program emphasizing
American techniques, methodologies, or expertise.
The sponsors of the program must show that
they are not intending on recruiting training
the alien for the purpose of working in
the United States .This category is open
to specialty and non-specialty occupations,
but not to unskilled workers. College and
university students as well as medical trainees
are excluded from this category.
There are eleven areas considered for this
category:
1. Arts and culture;
2. Information media and communications;
3. Educational, social sciences, library
science, counseling and social services;
4. Management, business , commerce and finance;
5. Health-related occupations;
6. Aviation;
7.The sciences,engineering,architecture,mathematics,and
industrial occupations;
8. Construction and building trades;
9. Agriculture, forestry and fishing;
10. Public administration and law;and
11. Other (specified by the sponsor).
Specialists
The purpose of this category is for individuals
who are experts In a field of specialized
knowledge or skill, come to the United States
to observe, consult and demonstrate their
special knowledge or skill with their American
colleagues and well as gain information
and knowledge on American institutions and
methods of practice.
International Visitors
An international visitor is defined as an
individual who are selected to consult,
observe, research, train and demonstrate
a specialized skill in the United States.
The individual participates in observation
tours, discussions, meetings, conferences
and workshops in order for him to gain knowledge
of American culture and to contribute knowledge
about his own culture.
The maximum duration of stay under this
category is one (1) year.
Governmental Visitors
This category is only used for U.S federal,
state and local government agencies. The
maximum duration of stay is eighteen (18)
months.
Teachers
This category encourages the exchange of
American and foreign teachers by allowing
foreign teachers to teach in both public
and private schools in the United States
.Teachers may work full time in an approved
primary or secondary school.
The eligibility requirements are as follows:
• The individual must be qualified
teacher in both his home country as well
as the U.S.States in which he plans to teach;
• The individual must be of good
character;
• The individual must be coming to
the United States to work full time in an
approved primary or secondary educational
institution;
• The individual must have at least
three (3) years experience.
The maximum duration of stay under this
category is three (3) Years.
Secondary School Students
Secondary student are required to continue
with a full course of study at an approved
educational institution. Students may participate
in extra-curricular activities or events
as provided by the school. However, students
are not permitted to work while in the United
States. Secondary students may visit the
United States for up to one year of study
at an approved public or private secondary
educational institution. The student must
live with either a US family or at an approved
boarding school while staying in the United
States.
Camp Counselors
This category is intended to encourage and
improve America’s knowledge of foreign
cultures and permit foreign individuals
to learn about American culture. Camp counselors
are defined by US regulations as an individual
selected to be a counselor in a summer camp
who imparts skills to American campers and
information about his or her country and
culture. Camp counselors must be at least
18 years of age and must work in an organization
that meets the following requirements:
• Be accredited;
• Be a member of the American Camping
Association;
• Officially affiliated with a “nationally
recognized non-profit organization”;
and be
• Inspected, evaluated, and approved
by the J program sponsor.
Au Pairs
The purpose of this category is to allow
foreign individuals to work and live with
a US family. The individual provides childcare
services and attends a US secondary school.
Au pairs must be between the ages of 18
and 26, have a high school diploma and be
able to communicate in English. Au pairs
must also undergo a personal interview conducted
in English, provide three non-family references,
and successfully pass a background check.
The employers must be either US citizens
or permanent residents, be fluent in English,
and pass background checks. Adult family
members living in the house are required
to have a personal interview.
The au pairs must enroll in, and attend,
a US school for at least six (6) semester
hours or its equivalent. In addition, the
au pairs must not provide more than 45 hours
a week in childcare services. The family
is required to pay the au pair at least
minimum wage and up to $500.00 for his academic
work.
Summer Student Travel/Work Program
This category allows foreign students to
travel and work during the summer months
when they are not attending school. The
employment must be prearranged and must
be of a commercial or industrial type. The
student must be between 18 and 23 years
of age.
Foreign Medical Graduates
Any medical graduates wanting to participate
in an internship, residency or other clinical
training in the United States under this
category may only do so if sponsored by
the Educational Commission for Foreign Medical
Graduates(“ECFMG”). Foreign
medical graduates wanting to participate
in only observation, consultation, teaching
or research may do so as long as an accredited
academic institution sponsors him or her.
Patient care must be limited to teaching
and research purposes only. The sponsor
must certify that:
• The program involves observation,
consultation, teaching, or research;
• Any patient contact by the alien
will be under the supervision of a US citizen
or permanent resident who is licensed to
practice medicine in the State;
• The alien will not have authority
in the diagnosis or treatment of patients;
• The alien’s activities will
comply with the State licensing requirements
and health care regulations; and
• Experience gained by the alien
will not be commendable towards the requirements
of medical specialty board certification.
The maximum length of stay in the United
States under this category is limited to
the length of time it would normally take
to complete the program. In some cases an
extension may be permitted.
Dual Intent
Dual intent under this category is limited
to certain aliens. Generally, J aliens must
return to their home country for two years
before applying for H or L status or before
applying for resident alien status. Assuming
residency in another country (not the alien’s
home country) will not satisfy this requirement.
Some exceptions to this general rule may
apply. |