Student/Training Visa

J-1 - Exchange Training Status

J-1 status is a temporary (nonimmigrant) US status that allows the holder to complete formal structured educational and/or training, as established by the program sponsor (government, school or private institution), per a prior approved State Department Exchange Visitor Program. The program sponsor determines the funding source plus the terms and conditions of the J-1 program, as well as any permission to work for the organization. Presentation of the individual's I-94 Admission Card, form DS-2019 (formerly IAP66 form), and written confirmation from the program sponsor that the candidate can work for an employer is required. Long-term employment of the candidate first requires Citizenship and Immigration Services (CIS) approved transfer to another immigration status.

If a corporation needs an employee for training purposes, but cannot utilize the other listed employment categories, it may be possible for an employer to hire an individual for an 18-month period under the J-1 Practical Training visa. In most cases, this requires a third party training sponsor (such as a university) to apply for the employee. Each third party sponsor has their own requirement for fees and procedures and should be evaluated closely to ensure that they meet an employer's needs and corporate policies and procedures.

CAVEAT: Some individuals may have a two (2) year (Section 212(e)) foreign residence return requirement. Specifically, as a precondition to the approval of their US training, an individual may have contractually promised the US Consulate abroad that he/she will return to the country of origin, upon completion of the program and spend a minimum of two (2) full years there, before any return to the US. This prohibits any application for any other work visa authorized status (TN, H-1B, L-1, green card) until the condition is met. The individual must either spend the two years abroad, or apply for and secure an official CIS waiver.

F-1 - Student Status

F-1 status is a temporary status (nonimmigrant) that permits an individual who has met the entrance requirements for an approved US academic institution (not public elementary or high school) to attend a designated US university or academic institution. Temporary employment (referred to as practical training) may be permitted either for summer internships or for employment after the degree is received. The school's Designated School Official (DSO) is authorized to grant permission.

The new Student and Exchange Visitor Information System (SEVIS) has been implemented by CIS. The new SEVIS program has a dramatic impact on status and students should work with immigration counsel or the school's DSO to ensure compliance.

Summer Internships (Curricular Practical Training) - If a person is interested in working for a company in a summer internship, and the work is reasonably related to the degree being sought, the university may certify that the individual can work for the employer. The approval for temporary employment is found on the back of the student's US immigration SEVIS I-20 form, and must be endorsed by the school's DSO and list a specific time period.

Optional Practical Training - If a person will not be working in the respective area of study for the summer, or is interested in working for a US employer after completing his/her degree, Optional Practical Training may permit temporary work with the organization. The individual must first receive the training authorization from the university, and then apply for and receive a CIS Employment Authorization Card "EAD" (filed for by the individual). The EAD must be obtained BEFORE beginning employment. The Employment Authorization card may take 90 days for processing. This Card permits employment with any employer, consistent with the terms set out on the back of the SEVIS I-20 form, and signed by the DSO. Optional Practical Training is limited to a maximum one (1) year total for the entire study for the degree. Once the one (1) year is used, it cannot be extended unless the individual reenrolls into a new university program and secures DSO approval.