How to Finish J1 Visa Requirment of Back Home Again

For those that are working or studying in the U.Southward. under a J-1 visa , the time allotted by your visa may non exist enough to get everything done before leaving the country. Because of this, the USCIS allows yous to get a J-one visa extension, but only under certain weather. Keep reading to learn how you can extend your J-1 visa and how we tin can aid you.

J-one Visa Overview

Let's start with a brief rundown of the J-1 visa. This nonimmigrant category is for programme-based immigration rather than employer-based. A authorities-approved sponsorship program volition provide yous with a completed DS-2019 form to be filed with the USCIS.

Requirements

Overall, the requirements for a J-1 visa are relatively uncomplicated. All you need to practise is:

  1. Qualify for your program according to its specific criteria
  2. Maintain a foreign residence that you lot accept no intention of abandoning.
  3. Exist able to finance your entire trip and you must also have sufficient medical insurance for you lot and all family members that are coming with you under J-2 status.
  4. Have a strong agreement of the English linguistic communication

Hither is a quick list of some of the more popular occupational categories for these J-1 programs :

  • Physician
  • Camp Counselor
  • Au Pair/Nanny
  • Government Visitor
  • Professional International Visitor
  • Professor or Researcher
  • Summer worker
  • Teacher
  • Intern
  • Trainee
  • College Student
  • Secondary School Pupil

Y'all volition need to contact the programme directly to find out what the requirements for eligibility are and to learn how to get your DS-2019 from them.

Validity Period

The amount of fourth dimension that you can stay in the U.S. nether your J-1 visa is dependent on your specific program, though the maximum is usually seven years except under sure circumstances. Here are the validity periods for some of the programs listed above:

  • Teachers, scholars, researchers, and professors – five years.
  • Medical grad students – 7 years.
  • Professional person trainees and government visitors – eighteen months. Some instances permit y'all to stay for up to two years.
  • Camp counselors and summertime workers – four months.
  • Nannies and au pairs – one yr.
  • Employees of the International Communications Agency are an exception, as they are sometimes able to remain in the U.S. nether J-1 status for ten years or more.

J-1 Visa Extension

J-ane Visa Extension

Extension of the J-ane visa will vary depending on the standards and atmospheric condition of the applicant's specific Visitor Exchange Program. The applicant's length of stay for the program can be adamant past the IAP-66 or Certificate of Eligibility. The maximum time of stay cannot go beyond the total amount indicated by the plan. The program and program sponsor must consent to the J-ane visa extension.

Frequent J-1 Visa Extensions:

  • Au Pair: 12 months. The Au Pair category has the option for an additional extension of six, 9, or 12 months.
  • Business Trainees: xviii months
  • College and University Students: Depends on the education level of the educatee.  (Bachelor'south/Master's degree: 18 months & Post-Doctoral degree: 36 months).
  • College Professors: 36 months
  • Flight Aviation Trainees: 24 months
  • Government Visitors: 12 months
  • International Visitors: 12 months
  • Medical Residents/Interns: Maximum of 7 years
  • Primary and Secondary School Teachers: 36 months
  • Research Scholars: 36 months
  • Specialists: 12 months
  • Summertime Work/Travel: 4 months

To request for the J-one visa extension, it is important for the applicant to review the mandated requirements and documentation lists to avert potential delays.

J-1 Visa Extension Requirements

Like the initial requirements for the J-1 visa, these criteria are relatively simple:

  • Currently on J-i status
  • Program sponsor must have filed form DS-2019

J-i Visa Extension Documentation

In gild to apply for your J-one extension, y'all will need to submit the following documents :

  • If the sponsoring program is unable to fund the bidder, the applicant must be able to provide evidence of financial capability to pay for fees such equally tuition and living expenses for one twelvemonth.
  • Form DS-2019 and IAP-66
  • Passport
  • Form I-94
  • Prove of J-ane visa health insurance. The insurance must be able to encompass the length of extension and dependents on J-2 visa status.
  • Supplementary documentation with valid explanations for an extension.
  • A SEVIS fee is not required to exist paid once again.

J-ane Visa Extension Process

The program sponsor has a specific officer who is able to determine the applicant's eligibility through documentation. If the J-1 visa extension has been accepted, the applicant must obtain a new DS-2019 form with a new expiration date. This date will be recorded with SEVIS. If the J-1 visa holder has children or a spouse on J-2 status, the extension will embrace them besides.

The newly issued DS-2019 will take a new stop appointment and SEVIS will also record the new expiration date. If you have dependents (spouse and/or children) on a J-2 visa, each of your dependents must exist issued their own DS-2019.

J-one Visa Extension Change of Category

If you are seeking a alter of category related to your J-1 visa extension and so you must clearly demonstrate that it is closely related to your original exchange objectives and necessary equally the result of extraordinary circumstances.

You lot should consult the officer of your program. They'll so demand to submit a request in writing to the DOS on your behalf and corresponding payment (fee) will demand to be submitted. Should your request be accustomed, the officeholder will outcome an updated DS-2019.

Other J-one Extensions

Compared with various categories of J-1 visa beneficiaries, inquiry scholars have an extension process that is different. Because the J-1 visa covers a broad range of professions, the validity flow differs among applicants. While a government visitor, an au pair, or a camp counselor may non stay across the validity period for his or her category, a research scholar may do so.

This is considering inquiry scholars and professors don't take to follow the usual protocol as others. They are permitted to request a six-month extension from their sponsor program rather than the Section of State. With this, they can stay longer than the designated iii years in the United States. It must be noted, notwithstanding, that the extra fourth dimension requested must be necessary in order to complete a certain enquiry plan or projection. Again, the asking is bailiwick to blessing and at that place is no guarantee that an applicant will be granted it.

What If I Need More Fourth dimension?

As a enquiry scholar or professor, you may detect the extra vi-month extension not enough to end everything you lot demand to practise in the U.S. In this state of affairs, yous are allowed to ask for boosted time. This additional extension volition not exist as easy equally the first ane and yous will exist required to prove that the circumstances that warrant the request are considered exceptional.

You will besides need to provide documentation to support your merits. Otherwise, your request will non be granted. For your 2nd extension, information technology is no longer just between you and your programme sponsor—the DOS must be involved.

The request will toll you another $246, which is nonrefundable. Before you lot tin brand the request, yous must accept used up at least 3 of the 6 months granted by the first extension. If this second extension is granted, you will be given an additional six months to consummate your project or enquiry. Continue in mind that the arbitrament is solely dependent on the DOS decision.

J-one Visa Early on Termination

A J-1 visa holder may accept his or her condition terminated before the terminate of his or her program in the United States. Every exchange company is discipline to the U.S. government likewise every bit their program's sponsors. This means a violation of any of the rules set by either of these two entities could mark the stop of an bidder's stay in the The states. Other reasons that can atomic number 82 to J-1 visa early on termination include:

  • Failure to pursue the activities for which you lot were admitted to the Usa
  • Inability to continue your programme
  • Willful failure maintain adequate insurance required for your case
  • Engaging in an unauthorized employment
  • Conviction of crime

Why You Should Avoid J-one Visa Early Termination

Having your J-1 status terminated before the end of your programme has many immediate and hereafter consequences. Bated from being unable to cease your program, your status termination will also be recorded in the regime data as a labor or immigration law violator, which volition bear upon your re-entry attempts in the future. For this and many more reasons, we strongly recommend that you do whatever information technology takes to avert status termination, which can exist done past strictly adhering to all the rules surrounding your plan and immigration condition.

J-1 Minor and Serious Infraction Rules

Under the J-1 visa, some rules are categorized every bit minor rules and others as substantive rules .

Minor rules include the requirements to:

  • Extend your program earlier the end date stated on your DS-2019 if you need to stay longer than the earlier issued date.
  • Process your program transfer earlier the terminate date on your DS-2019.
  • Get the required approval before accepting an honorarium or any other type of payment.

Substantive rules include the requirements to:

  • Maintain valid status for more than 120 days after the end date stated on your DS-2019.
  • Maintain a full grade of written report as a J-ane student unless you have the permission of your responsible officer to do otherwise.

Reinstatement After Infractions

If you lot commit a minor infraction, your responsible officeholder may be able to correct your tape without having to notify the DOS. However, for substantive infractions, your responsible officer will need to seek the authorization of the DOS before your record could be adjusted. You lot volition accept to pay a nonrefundable reinstatement fee of $367 to the DOS.

What if information technology is Denied?

Should your request be denied, and so you'll demand to return to your abode land in the 30 day grace flow from the date of completion indicated on your original DS-2019. Remaining in the U.S. after your J-1 visa extension has been denied can effect in you being considered "out of condition", which tin have serious consequences in the hereafter if you attempt to apply for another visa or greenish card.

Traveling

The J-ane visa extension applicant is able to travel outside the United States, yet, it is essential for the applicant to have a valid J-1 visa stamp in his/her passport. If the visa stamp has expired, it is critical to get a new visa earlier traveling. Applicants traveling with an expired stamp volition not be immune to re-enter the Us.

J-1 Traveling Grace Catamenia

In that location is a travel grace period which may be important for you to understand. Equally indicated on DS-2019, there is a grace period that USCIS allows for individuals completing the United States to depart the country. The 30-days following the completion of your J-ane program is considered the grace period and y'all'll no longer be under J-ane status only now nether the overall jurisdiction of the The states Citizenship and Immigration Services.

Be enlightened that you may non continue to piece of work on any exchange activities during your grace period. Also, take note that you can travel in the U.S. nonetheless if you lot travel beyond the borders you lot will most likely not be permitted reentry.

Beyond Extension

It is very difficult for an applicant who has already received an extension and to request for additional time. This is only allowed under remarkable and exceptional situations. To authorize a further extension, the program sponsor officer is obligated to send a request to the Section of State.

The request would involve an in-depth explanation of the petition and supplementary documentation. The Section of State also demands a nonrefundable fee of $246. In club to receive an extension for the thirty-solar day voluntary departure status flow, it's brash to contact the USCIS.

Summary of J-1 Visa Extensions

There are special extensions available for professors and research scholars who are on the J-one visa program. After the initial iii-calendar month maximum duration period, eligible individuals tin extend their stay for an added 6 months to complete their designated inquiry or program. Remember the granting of this extension is completely under the discretion of the State Department.

J-1 Visa Waiver

Once your J-i extension has ended, yous will need to return to your home land under the home residency requirement, which mandates that all J-1 holders must get dorsum to their home countries for a total of ii years before returning to the U.S. nether a different visa.

The but way to go effectually the domicile residency requirement is to get a J-1 visa waiver based on your circumstances. The waiver can be granted based on:

  • A No Objection Statement from the government of your home land
  • A statement showing that you would experience exceptional hardship if you were forced to leave the U.S.
  • A statement showing that you would experience persecution past returning to your home country.
  • A argument from an Interested Government Agency (IGA) that requests your continued presence in the U.S.

How to Request J-1 Visa Waiver

To asking a J-ane visa waiver , you will need to file a DS-3035. The grade must be completed with relevant information, which includes your SEVIS number, the appointment you entered the U.Due south. under J-1 condition, and information nigh your J-2 dependents (if any). You will likewise demand every DS-2019/IAP-66 ever issued to y'all likewise equally supporting evidence to evidence that you encounter the requirements for the waiver. The J-i visa waiver filing fee is $120.

After submitting the waiver application and fee, you volition exist able to track its processing condition by visiting the J-1 Visa Waiver Online Tracker . Y'all will have access to your instance past clicking "Check the Status" and then inbound your case number. If the DOS needs more supporting documents from y'all, this will be stated on the website. The processing time for a properly filed J-1 visa request will depend on the type of waiver you are seeking:

  • No Objection Argument: 12 to 16 weeks
  • Persecution: 12 to 16 weeks
  • Interested Federal Government Agency: eight to 12 weeks
  • Exceptional Hardship: xvi to 24 weeks
  • State Public Health Department: 12 to 16 weeks
  • Advisory Opinion: four to viii weeks

How We Tin can Help

Similar most immigration processes, getting a J-one visa extension without negatively impacting your current status is easier said than done. Getting your applications and petitions washed correctly the first time will salvage you time, attempt, and coin and then that you tin can focus on your work or studies in the U.South.

VisaNation Law Group's attorneys are capable of verifying if you are eligible for a J-ane visa extension.

To speak with one of VisaNation Law Grouping's attorneys schedule a consultation today .

  • J-1 Visa
  • J-1 Visa Waiver
  • J-ane Visa Persecution
  • J-i Visa Waiver for Physicians
  • J-1 Waiver Green Card Process
  • J-1 Waiver IGA
  • J-1 Waiver-IGA for Physicians
  • J-1 Waiver-No Objection Statement
  • J-i Visa Waiver-Exceptional Hardship
  • Foreign Residency Requirement

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Source: https://www.immi-usa.com/j1-visa/j1-visa-extension/

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