Frequently Asked Questions - J Visa
J-2 Visa (11)
- Starting a Business on J-2 Visa
- Two-Year Home Residency Requirement
- Canadian with J-2 visa
- J-2 holders and work authorization
- J-2 to TN
- J-2 visa and I-275
- J-2 Status
- J-2 or J-1 with 212(e) HRR converting to F-1 student
- Can a J-2 holder get a HRR 212(e) waiver without J-1?
- J-2 Dependent Changing to Other Working Visa
- Change of Status from J-2 to TN
J-1 Visa (21)
Form DS-160 (1)
Online Form DS-160, Nonimmigrant Visa Electronic Application can only be used by visa applicants applying at a U.S. Embassy or Consulate which has converted to the new electronic fully online form and process. For more information visit travel.state.gov DS-160 informational webpage for a listing of embassy locations using Form DS-160. Next, visit one of the U.S. Embassy websites using the Form DS-160 and where you will apply, to review detailed nonimmigrant visa how-to-apply instructions, in addition to these FAQs.
1. Where can I find the DS-160?
You can access the DS-160 from the Consular Electronic Application Center website or from the link on the U.S. Embassy or Consulate website.
- Regarding J-1 HRR Waiver
- Change in J-1 Status
- Changing from J-1 to O-1
- Starting a Business on J-2 Visa
- Two-Year Home Residency Requirement
- Exceptional Hardship Waiver
- Withdrawal of a Pending J‐1 waiver
- Two-year home residency requirement
- J-1 visa waiver concerns
- Canadian with J-2 visa
- J-1 extension beyond 5 years
- I was on J-1 visa
- File I-485 while J-1 waiver is pending
- J1 overstayed by years, married to a greencard holder
- Citizenship for Employees of Consulting Companies who have Projects in Different Cities after Green Card
- AC21, changing jobs, when to file Supplement J
- J-1 Physician applying for following to join after waiver
- J-2 or J-1 with 212(e) HRR converting to F-1 student
- Can a J-2 holder get a HRR 212(e) waiver without J-1?
- J-1 Physician in Waiver Job Applying for AOS/1-485
- Exhibiting Immigrant Intent
- Immigrant Intent in Issuance of J Visas
- Home Residency Requirement for Second Visa
- Canadian with J-2 visa
- J-1 extension beyond 5 years
- J-2 holders and work authorization
- J-1 Waiver Pending
- J-2 visa and I-275
- H-1 for Canadian PR with J-1 issue
- I was on J-1 visa
- Travel during H4 processing
- H-2B Visa
- File I-485 while J-1 waiver is pending
- I have a R J-1
- May B-1/B-2, E-1, E-2, F-1, H-1, J-1, L-1 O-1 visa or TN holder apply for green card?
- Can F/J holders apply for green card?
- Do physicians have the right to an extension beyond 6 years for waiver jobs?
- B visa while GC pending or similar situation
- Does J-1 HRR Prohibit Issuance of F-1?
- Can A Green Card Be Filed For Me If I am On H-4 or L-2?
- Porting Green Card To A Self-Owned Company Under AC21 Portability
- AC21, changing jobs, when to file Supplement J
- Changing Employers With An Approved I-140 After January 17 2017
- J-1 Physician in Waiver Job Applying for AOS/1-485
- J-2 Dependent Changing to Other Working Visa
Under the law (8CFR 21A.2(j)(1) (v) (A)), a J-2 holder may use the earnings to support the J-1 visa holder. The earnings must be used for the “Family's customary recreational and cultural activities and those related travel.”
In this situation, the applicant’s J-1 waiver does not cover her period in J-2 status. 9 FAM 41.62 states that if an alien is subject to the two-year foreign residence requirement, the spouse and child of that alien are also subject to that requirement. Thus, the individual you have described would need a separate waiver to cover the time that she spent in J-2 status that subjected her to the two-year home residency requirement.Two separate DS-3035 applications would therefore be required in this circumstance.
You can switch back to TN from J-2. What you do has no effect on the children. They derive their status directly from your J-1 spouse.
J-2 holders can get work authorization and work as per the licensing requirements of their profession.
You can switch back to TN. To correct slightly, you do not automatically get switched to an H-4 (not H-2).
It is entirely in the discretion of the consular officer whether or not to give you a J-2 visa. Impossible to predict.
Anyone who attempts to gain any immigration benefits, including visas, through perceived fraud or misrepresentation is permanently barred from entering the USA. In cases like this, you can try to revisit these findings with the consulate, but these are long, drawn out battles and difficult to win. Temporary visits may be possible with something called a 212 (d) (3) waiver.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/XAfykYM-cUQ?t=89
FAQ Transcript:
Yes, the J-2 can, UNLESS the J-1 holder is a physician serving the three years for J-1 waiver.
Check with USCIS customer service
Two concerns:
1. Your J-1 visa must not be subject to the two-year HRR; and
2) You must not have had a pre-conceived intention to get married when you entered the USA.
Both are serious issues. Consult a lawyer please.
Extension is possible only if the program rules permit it. The worst case scenario in extension or new 2019 as I see it can be only that you have to go get a new via stamp.
Rajiv's Response:
Thanks for sharing. People, note, it is a good idea to confirm whether or not you are in fact subject to the HRR. We have been doing that for years in cases where there is a likelihood that you are not subject to HRR. Two typical situations where you may NOT be:
1. No US federal government funding (reinforced by suffix "P" instead of "G" in your program number) and
Two concerns:
1. Your J-1 visa must not be subject to the two-year HRR; and
2) You must not have had a pre-conceived intention to get married when you entered the USA.
Both are serious issues. Consult a lawyer please.
You can apply for the O-1 category and, upon receipt of the approval notice, you will be required to obtain the O-1 Visa at a U.S. consulate abroad.
Under the law (8CFR 21A.2(j)(1) (v) (A)), a J-2 holder may use the earnings to support the J-1 visa holder. The earnings must be used for the “Family's customary recreational and cultural activities and those related travel.”
In this situation, the applicant’s J-1 waiver does not cover her period in J-2 status. 9 FAM 41.62 states that if an alien is subject to the two-year foreign residence requirement, the spouse and child of that alien are also subject to that requirement. Thus, the individual you have described would need a separate waiver to cover the time that she spent in J-2 status that subjected her to the two-year home residency requirement.Two separate DS-3035 applications would therefore be required in this circumstance.
The exceptional hardship waiver is a three-step process. The applicant must first submit an I-612, Application for Waiver of the Foreign Residence Requirement, directly to USCIS. If USCIS determines that there is a possibility that the applicant’s U.S. citizen or legal permanent resident spouse or child may experience hardship if the applicant returns to the home country to fulfill the two-year home residence requirement, USCIS forwards the application to the State Department for a waiver recommendation.
A waiver applicant who has a pending waiver application in the State Department’s Waiver Review Division (WRD) should send an email to WRD via FMJvisas@state.gov to request withdrawal of a pending case. WRD updates the applicant’s case file and posts the withdrawal request on its online status checking system on http://travel.state.gov.
Yes. F visa is NOT forbidden. But you will not be able to get an H-1, L-1 or green card unless you address the HRR through compliance or waiver.
The 212(e) can attach to even a short program. Step one, ask DOS for an advisory opinion whether you are subject to the Home Residency Requirement. The detailes are here: http://travel.state.gov/visa/temp/info/info_1288.html
You can switch back to TN from J-2. What you do has no effect on the children. They derive their status directly from your J-1 spouse.
Extension is possible only if the program rules permit it. The worst case scenario in extension or new 2019 as I see it can be only that you have to go get a new via stamp.
If the consulate is not convinced of your nonimmigrant intent (214(b)), it is extremely difficult to remedy that. Usually, people in that situation should explore options like H-1, L-1, green card - all of which do not require a nonimmigrant intent (intention to remain in USA only for a brief period of time).
To the best of my knowledge that information is incorrect. You can file AOS only after the waiver is approved.
Unless your spouse becomes a US citizen, nothing can be done as far as I can see. If you had a 2 years HRR, you have bigger problems.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/XAfykYM-cUQ?t=89
FAQ Transcript:
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=3YV-qIlAEpI#t=1320
FAQ Transcript
Exhibiting immigrant intent CAN be a problem for J-1. It is not certain that you will have a problem, but the potential does exist.
Rajiv's Response:
Thanks for sharing. People, note, it is a good idea to confirm whether or not you are in fact subject to the HRR. We have been doing that for years in cases where there is a likelihood that you are not subject to HRR. Two typical situations where you may NOT be:
1. No US federal government funding (reinforced by suffix "P" instead of "G" in your program number) and
If I remember correctly, 212(e), the HRR, does not apply till you actually use the visa.
In this situation, the applicant’s J-1 waiver does not cover her period in J-2 status. 9 FAM 41.62 states that if an alien is subject to the two-year foreign residence requirement, the spouse and child of that alien are also subject to that requirement. Thus, the individual you have described would need a separate waiver to cover the time that she spent in J-2 status that subjected her to the two-year home residency requirement.Two separate DS-3035 applications would therefore be required in this circumstance.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/XAfykYM-cUQ?t=89
FAQ Transcript:
Immigrant intent is definitely a consideration for issuance of J visas. As to whether or not you may have a problem is impossible to predict. If you can have a safety net of an H-1 (if needed), you would be better off.
If I remember correctly, 212(e), the HRR, does not apply till you actually use the visa.
You can switch back to TN from J-2. What you do has no effect on the children. They derive their status directly from your J-1 spouse.
Extension is possible only if the program rules permit it. The worst case scenario in extension or new 2019 as I see it can be only that you have to go get a new via stamp.
J-2 holders can get work authorization and work as per the licensing requirements of their profession.
Contact the Waiver Review branch in USDOS first. Figure out what is going on with your pending case. You cannot apply for more than one type of waiver at the same time.
It is entirely in the discretion of the consular officer whether or not to give you a J-2 visa. Impossible to predict.
If you have neither complied with the J-1 home residency requirement, nor obtained a waiver, you cannot get an H-1. Make sure you are indeed subject to the 2-year HRR. You may not be - then an H-1 is a possibility. Go here to ask DOS for an advisory opinion: http://travel.state.gov/visa/temp/info/info_1288.html
If the consulate is not convinced of your nonimmigrant intent (214(b)), it is extremely difficult to remedy that. Usually, people in that situation should explore options like H-1, L-1, green card - all of which do not require a nonimmigrant intent (intention to remain in USA only for a brief period of time).
If you travel during change of status, the request for COS is deemed to be abandoned.
Assuming you have no home residency requirement, you can start the H-2B process even while you are here in USA.
To the best of my knowledge that information is incorrect. You can file AOS only after the waiver is approved.
I see no reason to leave. The 60-day advice makes sense only if you have just entered USA.
One of the questions I am asked quite frequently is whether or not an E-1/E-2 visa holder can apply for a green card and not jeopardize his or her E status. The answer is PROBABLY yes he can.
In the E visa context, this is what the govt says:
Quote:
9 FAM 41.51 N15 INTENT TO DEPART UPON TERMINATION OF STATUS
(TL:VISA-404; 04-29-2002)
1. I am curruntly on HIB Visa for the past 5yrs and 2 months (GC process started and 1-140 approved) working for a State Health Department.
This is upto the discretion of the consulate and then again upto CBP when you land in USA. Consulates have the discretion to issue you a B visa - despite your presumed immigrant intent - if they are convinced that you will return. This is true for all cases where a B (or F or similar) visa is sought while GC is pending or could be pending.
The two-year home residency requirement does not prohibit issuance of F-1 visa. That can be tried any time, even before the HRR is completed. Ultimately, F-1 visas are discretionary. But there is no law that prohibits their issuance in these circumstances.
Issuance of an F-1 does NOT waive the HRR. You will stay subject to it.
You can continue to extend your H-1 even after I-140 is revoked by the employer, IF, the revocation was sent more than 180 days after I-140 approval.
Under AC21, you do not have to start a new green card if:
1. Your I-140 is approved;
2. Your I-485 has been pending for 180 days or more;
3. You will take an employment same as or similar to your green card job; and
4. You file Supplement J.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=3YV-qIlAEpI#t=1320
FAQ Transcript
Yes, the J-2 can, UNLESS the J-1 holder is a physician serving the three years for J-1 waiver.