Introduction

 The J-1 Exchange Visitor Nonimmigrant Visa category is in and
 of itself one of the most diverse categories available to foreign
 nationals. However, depending on the specific category among
 the twelve eligible categories within the J-1 classification, some
 foreign nationals might encounter substantial time and effort in
 order to be granted favorable J-1 approval by the U.S.
 Department of State.

 However, in the case for many foreign scientists and researchers,
 the J-1 is an ideal visa option, and, moreover, one that may not
 require too much time or energy to have adjudicated favorably.

 Having developed its proficiency and skill by the J-1 category
 through assisting foreign scientists and researchers earn their
 J-1status as well as through assisting biotechnology and other
 scientific companies earn "J-1 Designation," the law firm of
 Immigration Law Associates, PC is well versed and experienced
 in preparing special J-1 Immigrant applications on behalf of
 scientists and researchers and their respective petitioners
 who are seeking research and/or training in the U.S.

 J-1 research scholars mainly conduct research, observe, or
 consult in conjunction with research projects at research
 institutions, corporate research facilities, museums, libraries,
 post-secondary accredited educational institutions or other
 similar institutions. Research scholars may also teach or lecture
 unless specifically restricted to do so by the program sponsor.
 The Department of State (DOS) has not established minimum
 educational qualifications for J-1 research scholars. Generally,
 the DOS will consider a bachelors or masters degree combined
 with extensive experience to be sufficient.

• A J-1 Researcher May Only Accept DOS-Qualifying
  Employment:  Both J-1 researchers and professors
  may be hired only for temporary positions, not for
  permanent or tenure track positions. This makes
  certain that program sponsors are not using the J-1
  program to bring exchange visitors to their institutions
  to prepare them for permanent employment. Please
  remember that J-1 exchange visitors must intend to
  return to their home country upon completing their
  exchange program participation. Research scholars and
  professors are generally allowed to work only at the
  location listed on the Form IAP-66, which is either the
  sponsor’s location or the location of a third party
  facilitating the exchange. Occasional consultations
  and lectures may be conducted at other locations,
  but such activities must meet three requirements:
   
  1. The lectures or consultations must be directly
     related to the goals of the exchange visitor’s
     program;
  2. The lectures or consultations must be incidental
     to the exchange visitor’s primary activities in the
     program;
  3. The lectures or consultations must not delay the
     completion of the exchange visitor’s program.

• J-1 Research Scholars and Professors May Stay in
  the United States for Up to Six (6) Months Upon
  Initial J-1 Visa Approval:  For a research scholar or
  professor, the issued Form IAP-66 may grant up
  to a three-year initial period of stay. The sponsor
  has the discretion to extend this time period for
  up to six (6) months past the three-year period
  by merely submitting the new Form IAP-66 to the
  DOS. After this initial extension, only the DOS has
  the authority to extend the J-1 visitor’s stay up to
  three years from the initial expiration date. A sponsor
  may request this extension by submitting a request
  to the DOS at least 60 days before the initial three-
  year period ends. However, the 60-day requirement
  is waived when it is impossible due to extraordinary
  circumstances.
• There Are DOS Specifications for J-1 Trainees and
  Their Respective J-1 Training Programs Regarding
  What Activities May Be engaged In While in the
  J-1 Status:  According to regulations, a J-1 trainee
  is an individual who comes to the U.S. to participate
  in a structured training program conducted by the
  selecting sponsor. The program should be intended
  to enhance the participant’s skills in his or her specialty
  or non-specialty occupation and to improve the
  participant’s knowledge of U.S. techniques,
  methodologies, or expertise.

The training program should not duplicate prior training that
trainees may have received, and must not be meant to recruit
and train foreign individuals for employment in the U.S. Please
remember that J-1 exchange visitors must intend to return to
their home country upon completing their exchange program
participation.

• J-1 trainees are allowed to stay in the U.S. for the
  duration of the program as described in the sponsor’s
  program designation: However, the length of stay may
  not surpass 18 months (24 months for aviation training
  programs).

• The DOS specifies clearly what activities a J-1 Specialist
  may engage in: An individual who is an expert in a field
  of specialized knowledge or skill coming to the United
  States to observe, consult, or demonstrate special skills
  can be deemed a J-1 specialist. The J-1 specialist category
  is a very flexible one that includes experts in MANY fields
  outside of university teaching, the natural sciences, and
  medicine who are coming to the United States to observe
  institutions and methods of practice in the United States
  and to share specialized knowledge with colleagues in the
  U.S.

• J-1 Specialist programs are limited to a maximum of
  one (1) year.

It is important that an immigration attorney be consulted
to verify whether or not the specific skill that the foreign
national was engaged in will trigger the Two-year Home
Country Requirement. Please feel free to contact our
offices if you require immigration counsel regarding
the J-1 visa.

• The spouse and child of a J-1 visa holder (J-2 visa class)
  may apply for work authorization.

Our firm is dedicated to addressing the specific immigration issues
facing the biotechnology sector. If there is a subject that is not
discussed or addressed on our site, please email us and let us
know how we can answer key immigration questions facing the
Life Sciences sector. By addressing the strategic considerations
for both companies and researchers/scientists, we hope to serve
as a valuable resource for the Illinois Life Sciences community.