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Participants of the Exchange Visitor Program are permitted to work only at City of Hope. Individuals interested in working for another institution need to transfer their J-1 sponsorship and/or obtain other work authorization prior to commencing employment with another institution or employer.
J-1 exchange visitor is a foreign national having a residence abroad in a foreign country that he or she has no intention of abandoning and who is described as:
- A bona fide student, scholar, trainee, teacher, professor, research assistant, specialist or leader in a field of specialized knowledge or skill, or other person of similar description, and
- Is either:
- Coming temporarily to the United States (U.S.) as a participant in a program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills or receiving training; or
- Coming to the U.S. to participate in a program under which he or she will receive graduate medical training.
Although the J-1 category may be used by a broad range of non-immigrants including students, trainees, teachers, professors, research scholars, foreign physicians engaged in graduate medical training, camp counselors, au pairs and international or government visitors, the Exchange Visitor program sponsors only the J-1 category of research scholar. For more information, visit the U.S. Department of State.
J-1 Visa Mandatory Insurance
All J-1 visa holders and any J-2 dependents (spouses and minor children - children under the age 21) are required to carry a minimum amount of medical insurance at all times.
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J-1 Visa Information for Physicians
City of Hope cannot sponsor J-1 visa for physicians. The U.S. Department of State has designated the Educational Commission for Foreign Medical Graduates (ECFMG) as the visa sponsor for all J-1 exchange visitor physicians who participate in clinical training programs.
Learn more >>
J-1 Visa Category of Research Scholars
The term "research scholar" is defined as an individual "primarily conducting research, observing or consulting in connection with a research project at research institutions, corporate research facilities, museums, libraries, post-secondary accredited educational institutions or similar types of institutions."
Recent changes to the J-1 status under this category now allow for a maximum exchange period of five years. Extensions beyond five years are very difficult to obtain and require Department of State approval. Please contact Kimberly Gentile, City of Hope’s human resources immigration specialist, to discuss other options beyond five years.
Two-year Home Residency Requirement
Certain J-1 exchange visitors may be subject to a two-year home residency requirement. This requirement mandates that foreign nationals return to and spend two years in their country of last residency at the conclusion of their stay in the U.S. These individuals will not be able to change their status to a different visa category until this requirement is either satisfied or waived.
Residency Requirement Waivers
Obtaining a waiver for this requirement is a time-consuming process that can take one year or more to complete. Foreign nationals seeking a waiver of this requirement are urged to consult with City of Hope’s human resources immigration specialist as early as possible to ensure that processing is done in a timely manner.
The residency requirement is imposed when:
- The exchange visitor's program was financed, in whole or in part, by the home country government or by the U.S. government;
- At the time of admission and acquisition of J-1 status, the exchange visitor's skills were determined to be in short supply in the home country; or
- The exchange visitor has engaged in graduate medical education or training.
- United States Citizenship and Immigration Services (USCIS) may waive the two-year home country presence requirement on one of four grounds. The four waiver grounds are as follows:
- No Objection Statement: The requirement may be waived on the basis of a "no objection statement" from the home country government indicating that it has no objection to the waiver being granted.
- Exceptional Hardship: An application for a waiver may also be requested on the basis that exceptional hardship will be imposed on a U.S. citizen or permanent resident spouse or child if the J-1 visa holder is forced to comply with the requirement. However, hardships such as career interruptions, separation of children from relatives or language difficulties in the J-1 visa holder's home country are not considered exceptional hardships.
- Persecution: An application for a waiver may be requested on the basis that the foreign national will be persecuted on account of his or her race, religion, political opinion or membership in a particular social group if the foreign national is required to return to the home country. The standard applied is similar to those used in asylum cases.
- Interested Government Agency: An application for waiver may be based upon the recommendation of an interested U.S. government agency if the agency believes that a waiver will be in the public interest, and the foreign national's compliance with the requirement will be detrimental to the program or interest of that agency. The agency recommending the waiver must be a federal U.S. government agency.
Spouses and/or children under the age of 21 who wish to accompany the principal exchange visitor (J) visa holder (or join him/her at a later date) in the U.S. for the duration of his or her stay require J-2 visas. The application procedure is the same as that for the J-1 visa applicant. If spouses and/or children under the age of 21 accompany the J-1 applicant, or join them at a later date, the spouse and/or children will need their own Form DS-2019, which City of Hope will prepare. The DS-2019 form is available through the immigration specialist in our Human Resources Department.
- Work
The spouse and/or children of an exchange visitor in the U.S. may work under J-2 status. Upon admission to the U.S., the appropriate work visa will be required if employment is desired. Before the J-2 visa holder can work, he or she must make an application to USCIS and be approved for permission to work. A Form I-765 Application for Employment Authorization Document Card (EAD) must be filed with the local USCIS office that serves the area where he or she lives.
Foreign nationals should apply for a J-1 visa at the nearest U.S. Embassy in their home country. However, if they are not in their home country, they may apply at a U.S. Embassy nearest to their stay.
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For more information, please contact our Immigration Specialists:
Immigration Specialist
Human Resources
626-256-HOPE (4673), ext. 63872 |
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