LEGAL IMMIGRATION TO U.S.A. FOR FOREIGN DOCTORS
International Exchange Visitors
The J-1 exchange visitor program is designed to promote the interchange of persons, knowledge, and skills in the fields of education, arts, and sciences. Participants include:
a. Students at all academic levels
b. Trainees obtaining on-the-job training with firms, institutions, and agencies
c. Teachers of primary, secondary, and specialized schools
d. Professors coming to teach or do research at institutions of higher learning
e. Research scholars
f. Professional trainees in the medical and allied fields
g. International visitors coming to U.S. to tour, observe, consult, conduct research, receive training, demonstrate specialized knowledge or skills, or participate in an organized people-to-people program
I. Benefits of the J-1 Visa
a. You can enter the U.S. as an exchange visitor
b. Your dependents can stay with you as long as you maintain your J1 status. They can also attend school while on the
J-2 dependent visa
c. You are exempt from Federal Insurance Contributions Act (FICA) tax withholdings
d. Your dependents are eligible to apply for employment authorization, and may work in the U.S. However, they cannot get work authorization if the money earned is needed to support you
II. Requirements for the J-1 Visa
To qualify for a J-1 exchange visitor visa, you must prove that:
a. You are sponsored by an organization approved by the Department of State (DOS), and granted authority to issue a Form DS-2019 to prospective J-1 applicants
b. You have sufficient funds to cover all expenses, or funds must be provided by the sponsoring organization in the form of a scholarship or other stipend
c. You have sufficient scholastic preparation to participate in the designated program
4. You are sufficiently proficient in English to participate in the designated program, or the sponsoring organization has made special arrangements to teach you the English language or conduct the course in your native language. You may be exempt from this requirement if you intend to come to the U.S. to participate exclusively in an English language training program
d. You have a permanent residence in your home country, which you do not intend to abandon
e. You intend to depart the U.S. upon completion of the course of study. You may establish this by presenting evidence of economic, social and/or family ties in your homeland sufficient to induce you to leave the U.S. upon completion of studies
f. Your proposed education in the U.S. would be useful in your homeland, and therefore induce you to leave the U.S. upon completion of studies
g. If you are coming to the U.S. to receive graduate medical education or training:
* You have passed the Foreign Medical Graduate Examination in Medical Sciences
* The program does not include patient care
III. Duration of Stay
When you enter the U.S. on an exchange visitor visa, you are admitted for the duration of your program. The U.S. Citizenship and Immigration Services (USCIS) inspector at the port of entry makes the final decision on how long anyone may stay in the U.S.
Note: You may be eligible to change your status in the U.S. and acquire an appropriate work visa such as H-1B or H-2B, on completion of your authorized stay without having to return to your home country.
IV. Working on J-1 Visa
Employment while on "J" exchange visitor status depends upon the terms of the program. Participants in programs which provide for on-the-job training, teaching, research, or other activities which involve paid employment may accept such employment. Participants in programs which do not involve work may not accept outside employment.
V. Spouses and Children
Spouses and/or children under the age of 21 who wish to accompany or join you in the U.S. for the duration of your stay can apply for J-2 visas.
VI. Home Residence Requirement
You may be required to return to your home country and be physically present there for at least two years after the conclusion of your exchange visit before you become eligible to apply for an immigrant or nonimmigrant (H or L) visa if:
a. Your J-1 program has been financed in whole or in part, directly or indirectly, by an agency of the U.S. Government or by your government
b. You are a national or resident of a country, which has been designated by the Exchange Visitor Program and Designation Staff as requiring the skills of the exchange visitor.
FOR MORE INFORMATION PLEASE CONTACT LAW OFFICES OF HUMA KAMGAR, IMMIGRATION ATTORNEY. 212-323-6887
International Exchange Visitors
The J-1 exchange visitor program is designed to promote the interchange of persons, knowledge, and skills in the fields of education, arts, and sciences. Participants include:
a. Students at all academic levels
b. Trainees obtaining on-the-job training with firms, institutions, and agencies
c. Teachers of primary, secondary, and specialized schools
d. Professors coming to teach or do research at institutions of higher learning
e. Research scholars
f. Professional trainees in the medical and allied fields
g. International visitors coming to U.S. to tour, observe, consult, conduct research, receive training, demonstrate specialized knowledge or skills, or participate in an organized people-to-people program
I. Benefits of the J-1 Visa
a. You can enter the U.S. as an exchange visitor
b. Your dependents can stay with you as long as you maintain your J1 status. They can also attend school while on the
J-2 dependent visa
c. You are exempt from Federal Insurance Contributions Act (FICA) tax withholdings
d. Your dependents are eligible to apply for employment authorization, and may work in the U.S. However, they cannot get work authorization if the money earned is needed to support you
II. Requirements for the J-1 Visa
To qualify for a J-1 exchange visitor visa, you must prove that:
a. You are sponsored by an organization approved by the Department of State (DOS), and granted authority to issue a Form DS-2019 to prospective J-1 applicants
b. You have sufficient funds to cover all expenses, or funds must be provided by the sponsoring organization in the form of a scholarship or other stipend
c. You have sufficient scholastic preparation to participate in the designated program
4. You are sufficiently proficient in English to participate in the designated program, or the sponsoring organization has made special arrangements to teach you the English language or conduct the course in your native language. You may be exempt from this requirement if you intend to come to the U.S. to participate exclusively in an English language training program
d. You have a permanent residence in your home country, which you do not intend to abandon
e. You intend to depart the U.S. upon completion of the course of study. You may establish this by presenting evidence of economic, social and/or family ties in your homeland sufficient to induce you to leave the U.S. upon completion of studies
f. Your proposed education in the U.S. would be useful in your homeland, and therefore induce you to leave the U.S. upon completion of studies
g. If you are coming to the U.S. to receive graduate medical education or training:
* You have passed the Foreign Medical Graduate Examination in Medical Sciences
* The program does not include patient care
III. Duration of Stay
When you enter the U.S. on an exchange visitor visa, you are admitted for the duration of your program. The U.S. Citizenship and Immigration Services (USCIS) inspector at the port of entry makes the final decision on how long anyone may stay in the U.S.
Note: You may be eligible to change your status in the U.S. and acquire an appropriate work visa such as H-1B or H-2B, on completion of your authorized stay without having to return to your home country.
IV. Working on J-1 Visa
Employment while on "J" exchange visitor status depends upon the terms of the program. Participants in programs which provide for on-the-job training, teaching, research, or other activities which involve paid employment may accept such employment. Participants in programs which do not involve work may not accept outside employment.
V. Spouses and Children
Spouses and/or children under the age of 21 who wish to accompany or join you in the U.S. for the duration of your stay can apply for J-2 visas.
VI. Home Residence Requirement
You may be required to return to your home country and be physically present there for at least two years after the conclusion of your exchange visit before you become eligible to apply for an immigrant or nonimmigrant (H or L) visa if:
a. Your J-1 program has been financed in whole or in part, directly or indirectly, by an agency of the U.S. Government or by your government
b. You are a national or resident of a country, which has been designated by the Exchange Visitor Program and Designation Staff as requiring the skills of the exchange visitor.
FOR MORE INFORMATION PLEASE CONTACT LAW OFFICES OF HUMA KAMGAR, IMMIGRATION ATTORNEY. 212-323-6887
