J Visa Attorneys

Applying for J Exchange Visitor’s Visa at the U.S. Consulate

In order to receive your J Exchange Visitor’s Visa, you must follow the instructions specified by the U.S. Consulate having authority over your place of residence. The consular officer will examine your documents and will advise you whether you meet the legal requirements for issuance of the J Exchange Visitor’s visa.

Some of the qualifying criteria include:

• Whether your planned stay in the U.S. is for a limited and temporary period
• Whether you have adequate financial resources to cover your sustenance in the U.S.
• Whether you have sufficient ties to your home country which will satisfy the consular officer that you will return after you complete your program in the U.S

What Are the Pros & Cons of the J Exchange Visitor’s Visa?

One of the biggest advantages of the J Visa is that it is considered one of the easier visas to obtain. Often times, the foreign national’s program may be funded by his home country or by the U.S. Hence, it is an efficient way to enter the U.S. if the foreign national qualifies for the requirements set forth by U.S. immigration laws. In addition, the spouses and minor children of J visa holders are eligible to file for work authorization, which is not available to dependents under the F student visa program. This is a big advantage which must be considered when visa strategies are being evaluated.

Because it is a relatively easier visa category to obtain, certain J Exchange Visitor recipients may be subject to a requirement imposed by INA section 212(e). That section states that under certain circumstances, persons who enter the U.S. under the J Exchange Visitor visa program are prohibited from changing or adjusting their status unless they return to their home country for at least two years – the so-called “two-year foreign residency requirement.” This requirement may be waived under certain conditions, thereby allowing the foreign national to change or adjust status. It must be stressed that persons subject to the foreign residency requirement are prohibited from adjusting their status to permanent residence even if they married a U.S. Citizen unless they fulfill the two-year home residency rule or otherwise obtain a waiver.

Spouses & Children of J Visa Recipients

Dependent spouses and minor children (under 21 years of age) of foreign nationals who have been issued J Exchange Visitor visas are eligible to receive visas known as J–2 visas. Such J–2 visas enable the spouses and minor children to enter the U.S. to reside with the principle J visa holder. Spouses and minor children of J Exchange Visitor visa holders may not work in the U.S. unless they first file for employment authorization with the U.S. Citizenship and Immigration Service (USCIS). In addition to working, J–2 dependents are permitted to attend educational institutions and classes as an incident to their status.

How to Contact Us

If you have questions about an immigration matter and/or you need help in the process, please contact our immigration attorneys or call The Law Firm of Shihab & Associates at the office nearest you to speak with an attorney. We handle various matters including family immigration, immigrant visas, non–immigrant visas, employment visas, H1-B visas, Investor Visas, PERM applications, Green Cards and Permanent Residence, and many more.

Please contact us at (888) 915-5057. We have offices in Columbus Ohio, Cleveland Ohio, Southfield Michigan and Washington, D.C.