Comments on: J-1 Visa – Internship (INT) & Professional Career Training (PCT) Programs

By: Mist3rh

Mist3rh — Mon, 05 Jul 2010 05:52:31 +0000

Hi E3visa, sorry, i may be double posting,but you mentioned PCT has a 2 year home residency requirement. I think that may not be correct (perhaps?) as I have not found any such information on the travel.state.gov website regarding this.

What is does say is that once you complete a PCT program you are unable to undetake “another PCT” unless you return home and stay for 2 years. It does not say that you cannot convert to any other visa or return back on any other visa (other than the J1 trainee visa).

Could you clarify this for me please?

thanks

By: e3visa

e3visa — Sun, 20 Jun 2010 15:27:58 +0000

Hi Jrpabs,
You can transfer from the J1 WAT to the J1 PCT in theory, although it is rarely done because the J1 WAT is usually so short to allow time to do it. People generally leave the country and come back. If you are subject to the 2 year rule, it doesn’t matter if you leave the US early, it still applies.
Cj

By: jrpabs

jrpabs — Thu, 17 Jun 2010 18:01:35 +0000

Hi there, few questions…can one transfer from the J1 WAT program to the J1 PCT? Also if you’re on the J1 PCT, and you end it before the maximum length of the program, would you still be subject to the 2 year rule?

Thanks

By: e3visa

e3visa — Sun, 31 Jan 2010 17:14:01 +0000

Hi Alan, Yes you would fall under the J1 Visa PCT program and thus the 2 year home residency rule given your description of the offer and your background. You would be eligible for the 2 year rule waiver, however this is neither a guaranteed nor a quick process. Your best option would either be to extend your Internship if possible, hopefully to the maximum 18 months, thus allowing you more time to get the waiver. Alternatively, if you could get your employer to hire you on an E3 visa instead of the J1 visa, then you will not be as limited, even if it is just for the 3 months. You should note there are minimum wage criteria per role and per location with the E3 visa. The E3 visa also is not for Internship so that would not be mentioned anywhere in your application as it would need to be a specialty occupation. This is a broad term but it needs to be met along with the Bachelors Degree condition. An E3 visa extension can be done within the US (just ensure you apply well in advance) or a renewal can be done outisde the US in closer places like Canada or Mexico. Good Luck, CJ

By: Alan

Alan — Sun, 31 Jan 2010 13:07:36 +0000

Hello, would hugely appreciate some advice. I’m an Australian who has received an offer to do a 3 month paid internship in the US. I don’t qualify for the J-1 “intern” visa as I’ve not recently been a student. I believe I could technically apply for the J-1 trainee visa (as I have 5 years non-US work experience), but then fall under the 2 year home residency requirement (a problem because I’m hoping my internship leads to a permanent job in the US). My question – is it possible to do a 3 month internship on the E-3 visa? And then if my employer gives me a permanent position, just keep going on same visa?

By: e3visa

e3visa — Sat, 23 Jan 2010 02:05:33 +0000

Hi Majorie,
Yes that would seem correct. There is a couple of types of J1 streams that apply to the Internship area. One is know as the Internship INT) stream and this is for a mazimum of 12 months. The 2 year rule does NOT apply for this stream. Then there is the Professional Career Training (PCT) stream and this is for people who have already graduated from university and/or have sufficient experience. This does have the 2 year rule apply to it. Yes US Government funded programs also tend to have the 2 year rule apply to it as well. So I think in your case you are fine as well.
CJ

By: Marjorie

Marjorie — Wed, 20 Jan 2010 02:51:09 +0000

Hi, I was told by CDS international that if I take a internship( not a trainee) I will only be subject to the 2 year rule if I receive government funding to train in the U.S. Also, as long as they are aware of the program date changes prior to issuing my visa paperwork, this will not be an issue.

I am a Canadian planning to do a six week internship which I must have to get my diploma.

By: e3visa

e3visa — Tue, 22 Dec 2009 19:50:13 +0000

Hi RV,
You can read our post on the J1 Visa 2 year waiver here. It is fairly difficult and time consuming to get it approved and many are not successful but you can always try.
As an H4 visa holder you have many more advantages over most people who want to work in the US that are not even here to search or who may be here but can’t support themselves as well as you probably do with an H1B visa holding spouse.
Personally given you are looking for work anyway, would focus solely on the H1B visa employer opportunities given you don’t want to be stuck with conditions like a 2 year home residency rule.
Good Luck,
CJ

By: RV

RV — Mon, 21 Dec 2009 15:38:38 +0000

Hi, I need desperate help for advice.

I am here on an H4 status and getting an PCT/Paid internship offer from a university in Boston. But, due to the 2 year home residence thing I am not able to take that position. Also the AIPT organisation is a little bit dicey in sponsoring my visa. Pl advice me, will it be very difficult for my case to find a sponsor due to my H4 visa status and also will it be dificult to get a waiver?

By: e3visa

e3visa — Thu, 05 Nov 2009 03:10:54 +0000

Hi Lachlan,
In strictly leagal terms it should not as the criteria for the J1 visa and the E3 visa are separate and different. However on the forms as you know, if you have been denied for a US visa you will have to note it down. They will likely ask you about this in your interview and so you may be asked to answer what is sifferent about what you are going to do at the company now vs. the original plan via the E3 visa. Hopefully they will be good and you get your J1 visa and pass the lesser equivalency criteria as you seem to fit it fine.
Good Luck,
CJ