Articles Posted in J-1 Visa

In this video we cover a new USCIS policy that can have devastating consequences on students who overstay their duration of stay in the United States, or otherwise violate their status. This new policy will change the way F-1, J-1, and M students, accrue unlawful presence in the United States, for visa holders have violated the terms of their visa by not attending school or engaging in unauthorized employment.

Background

In the year 1996 Congress passed legislation that previously governed how an individual on a non-immigrant visa type such as an F-1 visa, could accrue unlawful presence. Pursuant to this legislation, visa holders who overstayed for more than 180 days, could be subject to a 3-year bar, while visa holders who overstayed for more than one year, could be subject to a 10-year bar.

Typically, individuals who travel to the United States on a non-immigrant visa type receive an I-94 arrival/departure record and a stamp in their passport indicating the length of their authorized stay in the United States. Failure to abide by the duration of stay results in an immigration violation of the terms and conditions of a non-immigrant visa type.

F, J, and M students are unique in that these individuals do not receive a definitive length of stay within the United States, and instead are issued an I-20 (for F students) or DS-2019 (for J students) that denotes their authorized stay as “D/S” or “Duration of Stay,” meaning that the individual’s stay within the United States is not confined by any particular date, but instead depends upon the conclusion of that individual’s program of study or authorized employment.

While students on an F-1 visa type could violate their status by failing to go to school, they could not accrue unlawful presence within the United States because of the D/S designation. This class of individuals could only accrue unlawful status at the time of being apprehension by an immigration official or by court judgment.

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The J-1 is a very popular visa that is administered by the State Department, not USCIS.

How does it work and who qualifies for the J-1 Cultural Exchange Visa?

The J-1 visa allows individuals such as students and trainees to come to the United States to receive practical training or participate in an internship program, to gain experience in a particular field of study, and take that experience and skill set back to the country of origin. The practical training or internship program should be one that is not available in the individual’s country of origin. The J-1 cultural exchange visa program allows the foreign national to obtain experience that they would not have otherwise obtained in their home country.

The J-1 visa requires a third-party sponsor that controls and supervises the J-1 program that the foreign national will participate in, while the State Department administers the filing process of the J-1 visa. The third-party sponsor also ensures that the foreign national will return to their country of origin at the conclusion of the cultural exchange program.

What types of training programs can foreign nationals participate in with this visa type?

Foreign nationals may participate in the J-1 cultural exchange visa program as au pairs, scholars, researchers, trainees, and professionals.

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In this video, attorney Jacob J. Sapochnick discusses the most popular visa options for hospitality workers. For more information just keep on watching.

Overview: 

The top visas used by Hotels and Restaurants to bring foreign workers to the United States are the J-1, H-3, H-2B, L-1, E-2, TN, and H-1B visas.  Whether transferring employees between international properties or employing management trainees, immigration is an integral part of the hospitality industry. The appropriate visa type will largely depend upon the foreign worker’s qualifications and the type of position the worker will be occupying.

The J-1 visa

The J-1 visa is a cultural exchange program between the United States and foreign countries bringing foreign workers to the United States. There are 2 types of J-1 visas. The first category is a trainee J-1 visa. To qualify the trainee must have at least 5 years of experience working in the position or a Bachelor’s degree or equivalent, with at least 1 year of experience. Workers who come to the United States on a J-1 trainee visa, may work in the United States for a hotel or restaurant for a period of 18 months. The J-1 trainee visa allows the foreign worker to develop their skills, gain experience, and return to their home countries taking those skills with them. The second category is for interns, who are in school in their home country or have recently graduated, and have less than 1 year of experience. Interns may come to the United States for a 1 year period to train in a hotel or restaurant. The work and travel category of the J-1 allows foreign workers to come to the United States for up to 4 months during the summer time. The J-1 visa is generally an easy visa to obtain. It takes approximately 6 weeks for this visa to get approved by the Department of State.

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In this video, our clients speak about their unique experience with the Law Offices of Jacob J. Sapochnick. Our law office specializes exclusively in immigration and nationality law. We work with a broad range of clientele including entrepreneurs, investors, business visitors, foreign workers, U.S. employers, asylees, students, athletes, performers, families seeking to immigrate their family members and much more. Throughout the years, we have established a proven track record of success and a high level of customer service that is unparalleled in the legal industry. Contact our office today to schedule your free first time consultation.

For more information please visit our website.

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In this segment, attorney Jacob Sapochnick Esq., explains why we do what we do at the Law Offices of Jacob J. Sapochnick. For more information about our office and the services we provide please click here.

Overview: 

Since 2004, we have efficiently and conveniently served our clients located across the United States and around the world through the use of cutting-edge technology and other innovations, always maintaining the personal connection you have come to expect from us.

You can express your interest, or schedule an appointment by emailing us at info@h1b.biz. We are excited to expand our ability to help many more of you, as you seek to achieve your American dream of living and working in this great country, a nation of immigrants.

Looking back, it is hard to narrow the reasons for our firm’s success. So much goes into that, but the main three ingredients have to be the lawyers, staff and clients. I am amazed at the enduring relationships we have with our clients.

Our office has been blessed with a staff that is motivated, efficient and very capable. I also think it important that they are compassionate for our clients’ issues – this is more than a job for us all – it is a calling.

To learn more about our dedicated staff members please click here.

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In this episode, attorney Jacob J. Sapochnick, discusses the 2-year rule on the J-1 visa.

  • J-1 visa holders are required to go to their home country for 2 years after the program.
  • You have to either comply or get a waiver, if not, the requirement will stay with you forever.
  • It also applies even if one marries a US citizen.

For further questions please call our office.

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