Clark Hill PLC

Student and Exchange Visitor Visas

J-1 Exchange Visitors

The J-1 Visa can be used by a wide variety of people to come to the US to participate in cultural and educational programs. Foreign nationals who may use the J-1 include students, scholars, trainees, teacher, professors, foreign medical graduates, international visitors, camp counselors and summer sports directors, au pairs, and summer work/travel students. The Department of State (DOS) administers the J-1 Exchange Visitor Program, and approves companies and organizations as J-1 Program Sponsors. Only those designated programs may sponsor J-1 Visas. While many companies may not have a J-1 program in place, the DOS authorizes other select programs to process the paperwork on behalf of a willing US employer.

A foreign national in J-1 status may be authorized for as little as a few months and as long as 7 years, depending on the purpose of his/her trip to the US. However, a foreign national receiving specialized training in the US is generally allowed no more than 18 months. A foreign national in J-1 status may remain in the US for an additional 30 days after the end of his/her program to visit or tour the US.


Home Residence Requirement

Certain J-1 Visa holders may be subject to a two-year home residence requirement. This requires the foreign national to return to his/her country of residence for two years before being eligible to return to the US in another Visa category. Foreign nationals are usually prohibited from changing their immigration status to H-1B or L-1 Visas, or adjusting status to a green card (Immigrant Visa) until the condition is met, or until a waiver of the two year home residence requirement is issued.


Family Members

The J-2 Visa is available to immediate family members (spouses and children under the age of 21) who are accompanying the J-1 to the US. The J-2 Visa is generally granted for the same period as the J-1 Visa holder, and must be extended accordingly. A J-2 Visa holder may apply for employment authorization in the US, and can work for any employer of his/her choosing, in any field, as long as the funds are not used to support the J-1. Each J-2 Visa holder must be issued his/her own SEVIS DS-2019 by the school.


F-1 Students

Many foreign nationals who attend school in the US are admitted under an F-1 Visa. The foreign national student must be accepted for enrollment by the school before applying for an F-1 Visa, and needs to work closely with the institution’s Designated School Official (DSO) to obtain the proper paperwork.


F-1 Employment

F-1 students may be permitted to work during school breaks, on campus, and/or part time during the school year. The DSO needs to approve any work authorization. In addition, certain F-1 students may be able to obtain valuable experience in their field through the use of Curricular Practical Training and/or Optional Practical Training. Again, this must be authorized by the DSO. Assuming that the F-1 student has not worked under the Optional Practical Training designation during the course of his/her studies, then he/she may be able to work in the US in his/her field for 1 year at the completion of studies. Once the DSO approves Optional Practical Training, the F-1 student must apply for an Employment Authorization Card (EAD) from the United States Citizenship and Immigration Service (USCIS). He/she may not work until receiving the EAD.


Duration of Status

An F-1 foreign student may remain in the US for the duration of his or her studies, as determined by the program. A student must have an endorsement on the back of his/her SEVIS I-20 within the past year, even with a valid Visa and ongoing program, in order to return to the US. F-1 students may remain in the US for an additional 60 days after the end of their program, or at the end of the Optional Practical Training, as applicable, to visit or tour the US.


Family Members

The F-2 Visa is available to immediate family members (spouses and children under the age of 21) who are accompanying the F-1 to the US. The F-2 Visa is generally granted for the same period as the F-1 Visa holder, and must be extended accordingly. Children on F-2 Visas can attend school full time only from kindergarten until the 12th grade, after which, they require their own F-1 Visa. An F-2 spouse may attend part-time vocational or recreational programs that do not result in a “full course of study”. Each F-2 Visa holder must be issued his/her own SEVIS I-20. F-2 Visa holders may not accept employment.