J Visas and the Requirement to Return Home

On behalf of Southworth and Stamman, LLC on Tuesday, May 7, 2013.

J Visa: Popular in the Wisconsin Dells AreaStudents from all over the world come to the Wisconsin Dells on a cultural exchange program (J Visa). The J Visa allows the foreign student to obtain employment for a period of time while they experience the Wisconsin Dells and areas nearby. Though it does not come without controversy, it is overall considered to be a beneficial program for both the foreign students desiring to experience American culture and for Wisconsin Dells employers who are unable to find enough local seasonal employees during the busy summer season of the Wisconsin Dells.

Are the J Visa Visitor Always Required to Return Home?I hate to give the typical lawyer response "it depends," but unfortunately it is true in this case. Not all, but many J Visa participants are required to return home for two years before being able to apply for permanent residency. However, they can always return on other non immigrant visas like the J Visa. J Visa students are required to return home if the following conditions are met:

• Received Government funding for the program (from U.S. or worker's nationality/last place of residence)
• Exchange student entered the U.S. to receive medical training
• The visitor is a resident in a country which has listed a field of specialized knowledge or skill necessary for the development of the country, as seen on the Exchange Visitor Skill List.

Confusing? Immigration Law generally is! In fact, when the visitor comes to the U.S., someone marks on the J Visa whether or not the 2 year return applies and they are often incorrect!

If a J Visa Visitor has a 2-Year Requirement, Is There a Way Around It?Sometimes there is. Even for the visitors that are in fact required to return home for 2 years, there are few possibilities around it:

• No Objection Statement- Receive a letter from your home country that they do not object to the visitor staying in the U.S.
• A Federal Government Agency requests on your behalf (rare)
• Persecution - If you fear persecution based on race, religion or political opinion in your home country
• Visitor can show "Exceptional Hardship" to his/her U.S. Citizen spouse or child

Some of these standards are high, but many J Visa visitors are able to apply and do not even know it. If you know a J Visa visitor in the United States that wants to stay, recommend they speak with an immigration attorney.

J Visa Visitor Who Intends to Stay in the United StatesIf you are, or know of a J Visa Visitor that intends to stay in the United States, then the J Visa visitor may be allowed to stay under U.S. Immigration law, regardless of what their immigration papers say. Many students come here and get married to a U.S. Citizen. Others simply want to apply for a different visa while in the United States. Some are required to return home and others are not. Don't waste time wondering, talk to an immigration attorney immediately to find out.

By Phillip Stamman
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Please remember that nothing written here or anywhere on our website is legal advice and the information provided should not be taken as legal advice. Immigration laws are complex and not every detail is explained above. If you have a question, speak with an immigration attorney.