Hammond &
Associates
Attorneys at Law
"Serving
the Global International Needs of Business"
ADVANTAGES/DISADVANTAGES
OF A J-1 EXCHANGE VISA
The J-1 program, like many nonimmigrant
classifications, has several advantages and disadvantages to its
use. The J-1 program is advantageous because it:
- Allows for relatively quick
entry into the United States.
- Allows a J-2 dependent may gain
employment authorization via Form I-765 to support minor children
or maintain a lifestyle comparable to that at the foreign home.
This is one advantage not available to a dependent of an H-1
or L-1 nonimmigrant.
There are, however, also several
disadvantages of the J-1 program:
- The maximum stay for a J-1 nonimmigrant
is shorter than that of an H-1 or L-1. For example the maximum
stay for a J-1 trainee is eighteen months while the maximum stay
for a J-1 specialist is one year.
- A J-1 nonimmigrant may be subject
to a two-year foreign residency requirement
which would be a problem for him/her in changing or adjusting
his/her status.
- A U.S. consulate may strictly
scrutinize the sponsor and program because of a perceived abuse
in the J-1 program.
- The J-1 nonimmigrant must prove
nonimmigrant intent, which is the intent to stay in the United
States temporarily.
Copyright © Hammond & Associates Attorneys
at Law 1999-2001. All rights reserved.
Webmaster: P. Robert Thompson, Esq.
Webmaster Email: Webmaster@hammondlawfirm.com