To be eligible for a visa extension (i.e. H1B Visa Extension, E3 Visa Extension, etc.), you must meet several different requirements. For you to be considered for an extension, you can only apply if:

• You entered the U.S. lawfully with a nonimmigrant visa
• Your visa is still valid
• Your passport is still valid and will remain so even during your extended stay
• You have not committed any crimes that invalidate your visa
• You have not violated conditions of your admission to the U.S.

If you meet these restrictions, you can file to extend your stay. Interestingly, you do not actually file for an extension. Rather, you can file to change your status with the U.S. Citizenship and Immigration Services, or USCIS. You use the Form I-539, Application to Extend/Change Nonimmigrant Status.

Some types of visas are not eligible for an extension. You may not file to lengthen your stay if you were admitted to the U.S. as one of the following:

• A fiance or child of a person affianced to a U.S. citizen (K nonimmigrant visa)
• Part of the Visa Waiver Program
• Crew member (D nonimmigrant visa)
• A traveler through the U.S. (C nonimmigrant visa)
• A traveler through the U.S. without a visa
• An informant of organized crime or terrorism (S nonimmigrant visa)

Guest Post Author

It can be difficult and confusing to prove your case to the USCIS. However, it is important that you fight for the extension that you deserve. To discuss your case, contact an Orange County immigration attorney from Garg & Associates, P.C., today.

©2010 E3 Visa. All Rights Reserved.

The most common reasons for denial follow:

Misrepresentation: If either the petitioner or fiancee made a material misrepresentation or knew or should have known that incorrect information was being provided in the visa process, from the initial filing of the petition to the consular interview, the petition can be denied. An innocent failure to provide sufficient information can be appealed or cured by submitting another petition.

Insufficient Documentation or Information: When the petitoiner or fiancee are notified that they have not provided sufficient documentation or information, supplementing the petition can cause time constraints that might not be able to be met. This issue frequently arises in the context of termination of a prior marriage. Failure to provide satisfactory proof of divorce, annulment or death of a former spouse can delay or be cause for denial of a Fiancee Petition.

Conviction of a Crime: A fiancee petition can be denied if the fiancee has been convicted of a crime involving moral turpitude, drug possession or trafficking or prostitution. Moral turpitude can loosely be defined as depraved and vile conduct that flies in the face of honest and moral conduct. The fiancee should also not have any immigration violations. On the petitioner’s side, the International Marriage Broker Regulation Act (IMBRA) must be considered. Non-compliance with IMBRA can also result in denial of the petition.

Insufficient Relationship: Petitioner and fiancee must prove that they have personally met within the last 2 years and have developed a serious relationship with a genuine intent to marry. Proof can be provided in the form of airline boarding passes, hotel receipts, phone records, passport stamps and recent photos of the petitioner and fiancee together. Petitioners are encouraged to liberally supplement their petitions with such evidence.

Medical Issues: The fiancee is required to submit to an extensive medical examination, primarily for communicable diseases such as tuberculosis. The petition can be denied should the fiancee carry a communicable or sexually transmitted disease. A severe mental disorder can also be cause for denial as can a severe non-communicable physical disorder.

Petitioner’s Income: Petitioner is required to show a minimum income of at least 25% above the poverty level set by congress each year. The intent of this requirement is the concern that the fiancee not become a public charge in the future. If petitioner cannot initially cross this threshold, supplemental or new tax returns may be required.

The Interview: The fiancee’s preparation for the consular interview is critical. They should be clean and neatly dressed, prepared to answer questions regarding their relationship with the petitioner and have full and complete documentation to supplement their answers to questions in order to dispel any doubts about a sham marriage. Well prepared and well documented petitions will bring shorter interviews and fewer questions, but preparation for the questions is again critical. Inability to answer simple questions may bring the credibility of the fiancee into issue, causing denial. Assuming the parties are prepared, honest, sincere, know each other well and genuinely wish to marry, experience has it that the interview questions will be quite simple.

Guest Post Author

As I tell my clients, all you have to do is tell the truth. Its the easiest thing to remember. It is prudent to obtain the assistance of an experienced immigration attorney when initiating the K-1 Visa process. This article is for informational purposes only and shall not be construed as creating an attorney/client relationship. Christopher J. Stoll is an attorney with over 25 years of experience in assisting the immigrant community. He is licensed to practice in the immigration courts of all 50 states. http://www.amimm.net

©2010 E3 Visa. All Rights Reserved.

The H1B is a non-immigrant visa available for foreign individuals, which permits them to work on US soil in certain specialty occupations.

The general process for applying for a H1B visa include-

• The candidate must be employed by a US H1B visa employer (sponsor)
• The sponsor then petitions for a H1B visa on behalf of the candidate, to the US Immigration Bureau
• The Immigration Bureau considers the application, and then either approves or discards the request
• In case the application for a H1B visa is approved, the candidate is now permitted to work on US soil for his/her employer

Applying for a H1B work permit should be undertaken carefully, as the form is liable to be rejected in case of any discrepancy or erroneous entries. The following things need to be taken care of while filing the application for H1B visa

• In order to apply for a H1B permit, the sponsor/employer must first file a Labor Condition of Application (LCA) with the U.S. Department of Labor (DOL) and then file a petition for non-immigrant individuals they wish to employ with approved LCA and supporting document evidence with the USCIS (Form I-129).

The LCA filed by the sponsor with the DOL provides information about the company and agrees on certain working conditions. The employer must provide the wage level of the H1B worker, and also certify that the working conditions are conducive for all workers. After the approved LCA is returned by the DOL, the sponsor can file a petition for a H1B permit with the ISCIS with proper supporting documents.

• H1B visas can be filed in two ways- either using the regular service, or using the premium processing service. The regular filing process takes a lot of time, so employers looking for faster processing are advised to opt for the premium processing filing.
• The USCIS allows the provision for a H4 visa for the family of the candidate filing the H1B petition. The H4 is a similar non-immigrant visa that allows the holder to reside in the USA for a certain period of time. However, H4 visa holders are not allowed to work in the USA. The H4 visa, however allows them to study in the US.
• In many cases, the USCIS requires an evaluation of the credentials of the candidate, to ensure that the candidate’s degree is equivalent to a U.S. degree. The candidate must also provide proper supporting documents, such as degree certificates(s), mark sheets, etc. This process goes on simultaneously with the LCA approval process, so it does not delay the approval process.
• Approximately after 4 to 10 weeks, there is a Receipt Notice of Action sent to the sponsor by the USCIS, indicating that they are beginning the processing of the application, in case they are satisfied with the file, they send an Approval Notice of Action within 30-90 days of the receipt notice. In some cases, the USCIS may request some clarification or information before approving the application.
• Finally, when the approval is received, the worker may start working for the employer in the U.S. after having their visas issued and stamped from the U.S. Embassy.

Guest Post Author

©2010 E3 Visa. All Rights Reserved.

The H1B visa is for those who want to come to the U.S. to work in various occupations including accounting, engineering, architecture, law, medicine, accounting, computing, teaching, social work and other areas. Those who apply for the visa must hold a bachelor’s degree or the equivalent and their educational credentials must be evaluated if you have a foreign degree. As an immigration attorney, I often get questions from applicants concerning why credentials must be checked, credential evaluation and who verifies credentials.

Why are Credentials Evaluated?

It’s a requirement that those entering the U.S. under a H1B visa posses a bachelor’s degree or the equivalent. This must be verified to ensure that you meet the minimum requirements if you have a foreign degree or do not have a bachelor’s degree.

Who Evaluates Credentials?

The USCIS will review your credentials and determine if your education or experience meets the minimum requirements. The requirement may be made solely through an educational degree but it may also include special training and also experience in the field.

If you have a foreign degree or do not have a bachelor’s degree you must demonstrate that your education or experience is equivalent to a US bachelor’s degree. Demonstrating the verity of your credentials include the successful completion of a college-level equivalency test (such as CLEP); or an assessment of credentials by a recognized service specializing in the evaluation of the educational credits from foreign countries.

Guest Post Author

If you have any concerns about your credentials, it is best to consult a professional immigration attorney to review your case

©2010 E3 Visa. All Rights Reserved.

1. The E3 visa is only for Australian citizens whereas the H1B visa is for citizens of virtually any country
The E3 visa was created a subsequent addon to US Immigration law f or the Australian-US Free Trade Agreement (AUSFTA) signed in 2005 allowing Australian citizens to more easily work in the US against the more strict and competitive process surround the H1B visa

2. The E3 visa is renewable every 2 years indefinitely as opposed to singular H1B instances which are renewable once in 3 year increments
So in theory the E3 visa is able to renewed forever and many people now are on their 3rd E3 Visa Renewal. However just because you are doing a specialized occupation, at a previously approved company and have no violations of your visa terms, does not mean you will automatically be eligible for E3 visa renewal as that is up to the USCIS or US Consulate assessing your case. In most cases you should be fine but due to the non dual-intent provision of the E3 visa and maintaining home residency, sometimes arbitrarily it can be a grey area.

3. The E3 visa has no Government mandated application costs and only requires a free filing to the US Department of Labor where as the H1B visa requires a petition to be submitted to the USCIS during a specified period and has associated costs.
So the H1B visa has many costs as opposed to the E3 visa (not even accounting for optional H1B lawyer fees or E3 Visa lawyer fees). The E3 visa requires the sponsor company to file Form ETA-9035(e) to the Department of Labor which is a free filing to get an approved Labor Condition Application (LCA) which the candidate needs to take to their US Consulate Interview to get the E3 visa stamp in the passport.
(NB: the only time a USCIS filing is required for a new E3 visa application, is when there is a transfer from another visa like the F1 Visa or J1 visa)

4. The E3-D Dependent Visa for spouses allows the spouse to work in the US
Unlike the H4 spouse visa for the H1B visa, the E3D Visa after filing for appropriate work authorization following entry into the US. It should also be noted that this working privilege does not extend to E3D dependent visa children under 21. The E3D visa holder does NOT need to be an Australian citizen.

5. The E3 visa is not specifically a dual intent visa
Unlike the H1B visa which allows for dual intent, at your E3 Visa US Consulate Interview, the candidate must prove they intend to leave the US at the end of their visa period and thus must prove significant ties to the home country. Now mistakenly people believe that this also means you can’t have your company sponsor you for a green card while on the E3 visa. This is NOT true as this is possible as the law states;

“An application for initial admission, change of status or extension of stay in E-3 classification, however, may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition.”

However because of the dual intent provision, risks still may apply for a denial of your E3 visa when renewing with a pending Permanent Residency case. Many people have got Green Cards while on the E3 visa successfully so it certainly can and has been done.

6. The E3 visa does not have the portability provision explicitly stated
The H1B visa regulations has a provision that when candidates want to transfer employers, they can start working at their new employer while that application is still pending at the USCIS. This helps overcome the 10 day rule that an H1B visa (and indeed E3 visa) candidate is not allowed to be out of work in the US. For the E3 visa this portability provision is not explicitly stated, even though the E3 visa is supposed to follow the H1B rules where it is not written. However most people at the USCIS and indeed most US Immigration attorneys seem to interpret this as there being no portability provision for the E3 visa. Therefore because an application with the USCIS takes longer than 10 days to process, E3 visa candidates wanting to transfer employers either have to do it in advance while staying at their current employer or have to leave the US and get a new E3 visa for that new employer. (It should be noted the some E3 visa candidates have been told differently by the USCIS and others and have successfully started working at a new employer while their application was pending with no follow on issues)

CJ

©2010 E3 Visa. All Rights Reserved.

(also see recent H1B Deportation news)

When a foreign national chooses to visit or stay in the United States on visa status or as a permanent resident, he or she must abide by certain laws and regulations in order to remain in the country legally. If an individual who is not a U.S. citizen fails to abide by these terms, he or she may be ordered to leave the country.

The process of requiring an individual to physically leave the country is known as deportation. If you are visiting the U.S. temporarily or living in the country as a permanent resident, it is important to know the laws that regulate deportation.

Visa Requirements

A person who is visiting the U.S. on visa status must adhere to certain rules and restrictions to avoid nullifying the visa. Some of the key requirements to consider include:

• There are specific visas for different groups of applicants, and a person must keep the same status during their stay in the U.S. in order for the visa to remain valid. For example, a foreign national visiting on a student visa must remain in school to remain in the country legally under his or her visa.
• If the expiration date is approaching for a visa, the applicant must re-apply to remain in the United States.
• An individual may not legally remain in the U.S. if his or her visa has expired.
• A foreign national may be required to return to his or her home country in order to re-new a visa and legally re-enter the U.S.

A violation of any of these terms can be grounds for deportation by the U.S. government.

Criminal Grounds for Deportation

Any non-citizen staying the country may be deported if he or she commits a qualifying crime. This applies to visa holders and permanent residents alike. The criminal offenses that may lead to deportation include the following:

• Crimes against a person (murder, manslaughter, rape, kidnapping)
• Domestic violence crimes
• Sexual offenses
• Crimes against the government (counterfeiting, mail fraud, bribery, tax evasion, perjury)
• Fraud crimes
• Drug crimes
• Firearms offenses

If you have committed any of the above crimes, your legal permit to remain in the U.S. may be nullified and you may be forced to leave the country. The laws and regulations for visas and permanent residency can sometimes be confusing, and it can be easy for a person to accidentally disqualify himself or herself and risk deportation. If you have questions regarding the rules of your visa, permanent residency, or renewing or changing your legal status in the U.S., consider consulting with an experienced immigration lawyer as soon as possible.

©2010 E3 Visa. All Rights Reserved.

Are you a journalist? Are you a member of the press, radio, film or print industries? Are there current news events in the United States that you need to work on for your profession? If you answered “yes,” then you may be able to obtain the media (I) visa. It is a non-immigrant visa for representatives of the foreign media temporarily traveling to the United States (U.S.), to engage in their profession while having their home office in a foreign country.

Do you qualify for a Media (I) Visa? Applicants have to demonstrate that they are properly qualified for a media visa, as a “representative of the foreign media.” Media visas are usually issued to members of the press, radio, film or print industries, whose activities are important to the foreign media function, such as reporters, film crews, editors and persons in similar occupations engaged in qualifying activity. The activity must be basically for information, and generally connected with gathering news and reporting on actual current events. Consular officers determine whether or not an activity qualifies for the media visa. An example of a qualifying activity is reporting on sports events. The following is a non-exhaustive list of media related kinds of activities:

• Filming of a news event or documentary by employees of foreign information media.
• Production or distribution of film (funded by non-U.S. sources) used to disseminate information or news.
• Working on a product to be used abroad by an information or cultural medium for distribution of news not primarily for commercial entertainment or advertising by journalists contracted by a professional journalistic organization.
• Work by independent production company employees holding credentials issued by a professional journalistic association.
• Reporting on U.S. events for a foreign audience by foreign journalists working for an overseas branch office or subsidiary of a U.S. network, newspaper or other media.
• Distribution of factual tourist information about a foreign country by accredited representatives of tourist bureaus, controlled, operated, or subsidized in whole or in part by a foreign government.
• Distribution of technical industrial information by employees in the U.S. offices of organizations.

What if I am a national from a country designated for the Visa Waiver Program? As a representative of the foreign media traveling to the United States, engaging in your profession as part of the media or a journalist, you must first obtain a media visa to come to the U.S. You cannot travel without a visa on the Visa Waiver Program, and by attempting to, you may be denied admission to the U.S. by the Department of Homeland Security at the port of entry.

What do I need to show to get an I-visa?

• A valid passport for travel to the United States not expiring within 6 months beyond the amount of time you intend to stay in the U.S.
• Proof of employment – If you are a:

Staff Journalist:

• Bring a letter from your employer with your name, the position you hold within the company, why you’re going to the U.S. and how long you intend to stay in the U.S.

Freelance Journalist under contract to a media organization:

• Bring a copy of your contract with the organization, which shows your name, the position you hold within the company, why you’re going to the U.S., how long you intend to stay in the U.S and how long your contract is for.

Media Film Crew member:

• Bring a letter from your employer with your name, the position you hold within the company, the title and short description of the program you’re filming and how long you need to film in the U.S.

Part of an independent production company under contract to media organization:

• Bring a letter from the organization assigning the work which shows the name, title and brief description of the program you’re filming, how long you need to film in the U.S. and how long your contract is for.

Can Spouses and Children of an I-visa holder accompany him/her to the U.S.? Yes, Spouses and/or children under the age of 21 may apply for a media visa to accompany the principal media visa holder in the U.S. for the duration of his/her stay. However, the spouse and children may not work in the U.S. without a temporary work visa. They may also study in the U.S. without also being required to apply for a student F-1 visa. If the spouse and/or children do not intend to reside in the United States with the principal visa holder, but just intend to visit for a vacation, they may be eligible to apply for visitor (B-2) visas.

Restrictions:

• You cannot use a media visa to film material for commercial entertainment or advertising purposes. A temporary worker visa is required.
• If you are a proofreader, librarian or a set designer, you are not eligible for a media visa. However, you may qualify under a different classification. (Ask us about the H1B, O or P visa).
• Staged shows, reality shows, and quiz shows generally do not involve journalism-members of production companies filming these types of shows are not eligible for a media visa.
• Media representatives participating in media content in which actors are used are not eligible for the media visa.

Guest Post Author

If you are part of a television, radio, and film Production Company based outside of the United States, call our office for more information if you need specific advice regarding current projects which may require you to travel to the U.S.

©2010 E3 Visa. All Rights Reserved.

Background:
The EB-5 visa was created within section 203(b)(5) of the Immigration and Nationality Act (INA) in 1990 as a visa type for foreign investors to be able to more quickly become permanent residents of the US if they were willing to invest significant amounts of their own capital in the US economy and create employment for US workers. There are 10,000 of the visas issued each year (not including dependents) and half of those are for those that invest via a designated USCIS Regional Center in a given US state. These Regional Centers advertise heavily encouraging foreigners to pick them as their mode of investment and thus need to be viewed and assessed with care and caution as there are no guarantees.

The investor and their dependents receive a conditional 2 year green card that is made permanent following a petition to the USCIS slightly before the 2 year expiry confirming that both an investment has been made and that at least 10 local jobs have been created as a result of the Investment. After a further 5 years and after the other relevant criteria are met, the investor and the dependents can also apply for US Citizenship.

The application process can take up to one year but a typical processing time is more likely 3-6 months. If a member of the family is already in the US under another non-immigrant visa, they are able to transfer to the EB-5 within the US by filing the appropriate adjustment of status application, form I-129, with the USCIS.

Another positive of this type of as far as the dependents are concerned compared to other US non-immigrant visas is that children who are aged under 21 and single who come to the US have their age effectively frozen to their age at the time of application. This means if they go past 21 while still under conditional status, they wont be aged out and forced to leave the US or find their own visa category to fit under. This differs from how the dependent visas work on all the non-immigrant visas.

There are no education, language or business requirements for the applicants. They must pass a mental and physical health check, criminal check and prove that they acquired the funds invested by legal means and have paid all appropriate taxes on those funds. If you have been denied for other US visas in the past you can still apply for the EB-5 visa.

Direct Investment vs. Regional Centers/Qualified Investments

The first fundamental difference is the minimum amount of capital that needs to be committed to the application.  If you are just making a general investment, then at least 1 million dollars is required whereas if you invest via a regional center or certain specified investments, the minimum is half as much at $500,000.

The reason why regional centers and qualified investments exist is that they tend to be in areas of high unemployment and lesser economic activity and thus the US Goverment want to attract capital and jobs to those areas and thus the more generous terms. The regions selected are rural, cannot have a population greater than 20,000, or have an unemployment rate that is at least 1.5 times higher than the national average. However the requirement to create at least 10 jobs still applies for this investment as well. For a full list of accredited regional centers around the US click the link specified.

If making a general investment a full business plan needs to be approved by the USCIS whereas with the approved Regional Center projects, this requirement is already satisfied. Also the requirement of creating 10 jobs is a little more lax in that both direct (IT Infrastructure person) and indirect (supplier of IT products) can be counted towards the 10 jobs created minimum requirement.

The investor in the regional projects also do not have to take an everyday role in managing the funds and can work together with other investors. Finally and this is often a big plus given the locations of many of these projects, the investor and their family may live and work anywhere in the US and this does not have to be where the project is situated.

However for most people it should be noted that because we are talking about large sums of money, there is no guarantee of profit or success with either a direct or regional center project. So the fact that you will have created 10 jobs or indeed make your money back and more is not a given so taking a greater interest in the project may be to your benefit.
There is no official USCIS database on the success of the various Regional Centers and they are in of themselves profit making business ventures for the most part. So while they are US Government accredited, that does not mean success automatically as they also have thier own interests to suffice first. You should do plenty of homework if you decide to use this vehicle.

If you choose the direct route, then assuming accessing $1M in capital is no issue for you, then you should certainly consult legal counsel and US business experts so your application, business plan, etc. is in perfect order so you will successfully get the EB-5 visa.

CJ

©2010 E3 Visa. All Rights Reserved.

So to recap so far this year we have given all foreigners information on;

- H1B Application Filing Tips
- H1B Visa Quota Predictions
- H1B Visa Costs and Fees
- H1B Frequently Asked Questions and Common Misconceptions & Myths
- H1B Visa Statistics
- F1 Visa OPT Applicants hoping to transfer to an H1B visa
- H1B visa extension procedures with a pending Green Card PERM application
- H1B Important Supporting Documents for your Petition
- Review of an H1B Visa Support Site

Also in the past we have a couple of other posts that may be of reference for the upcoming season;

- Do you need a lawyer for your H1B visa process
- Top H1B visa employers from last year
- Green Card & H1B Visa Relationship
- H1B visa Deportation cases

We hope all the above information helps make the process as easy and successful as possible for you this visa season and you are starting work in the US without issue with your new employer on October 1, 2010.

There will be a lot of media stories regarding US Immigration leading up to the opening on April 1, 2010 as well as throughout the month and probably into May as well. This is due to Immigration reform slowly becoming a major topic in US political circles. Try not to believe all the hyperbole you hear as most of it is just hearsay or just plain myths as we highlight in the link above.

Finally during this time ensure you ask all the questions you feel you need too because in the end the only person completely caring about your total welfare and situation 100% is you. So follow up with your employer’s HR department, your immigration lawyers if you are using them and anyone else that is involved in your process. Ensure you fully understand concepts like H1B application premium processing and the F1 visa / H1B visa gap period as they may apply to your situation

Good Luck,

CJ

©2010 E3 Visa. All Rights Reserved.

Now many foreigners who ultimately want to work in the US on a full time bases and possibly ultimately live here permanently use the J1 visa as their initial stepping stone to do a Masters programs in the US on an F1 Visa and work on the OPT program for a period or go straight to a full working visa like the H1B visa and hopefully and eventually for many green card sponsorship.

The reason why so many people choose this route is that in many ways it is a far easier US visa to obtain. Then additionally to find a Work and Travel role under this visa is also slightly easier because employers are willing to state they want to hire a foreigner for the role and indeed in the case of the Tourism and Hospitality Industry who use foreigners to clean Hotel Rooms, work at Amusement Parks, Restaurants, etc. they would not function during the Holiday Season. The Alaskan fisheries are also huge employers of foreign nationals often working 7 days a week but earning a relatively high hourly wage which becomes even higher when converted back into their home country currency.

In the US companies like Six Flags, Disney, Large Hotel and Resort chains, McDonalds, KFC, etc. are among the major well known companies that hire large numbers foreign nationals during the US Summer and thus during the European Summer break for their college students. Foreign college students from South America, South Africa, South East Asia like Thailand, etc. often work at US Winter resort type places as that is their long vacation break being from a the southern hemisphere.

Eastern Europe and Russia is probably the largest source of J1 visa applicants but other prominent countries include Turkey, Ireland, Brazil, Argentina, Jamaica, Poland, South Africa and Thailand.

Basic J1 Visa Work & Travel Conditions:

To be eligible for the J1 visa Work and Travel program you must be currently studying at an accredited Tertiary Institution in your home country like a University or College for a degree that is a minimum of 2 years (although this can be shorter for Masters or higher level degrees). Generally ‘gap’ students are not eligible and certainly high school graduates only are not eligible for this J1 visa.

The candidate must be functional in English and this can be verified by a Certified English Teacher fill out the English Ability and Reference section of the application form and/or by submitting scores from an accredited English test like TOEFL, TOEIC, Cambridge English Exam, etc.

Other conditions around what ages are allowed and funds that need to be proved and whether a job needs to pre-arranged and approved varies by both the J1 visa sponsors like CIEE, Intrax and InterExchange and also the country that the applicant is from. Generally the regulations are far more strict for Eastern Europeans, Middle Easterners and any country that is not part of the Visa Waiver Program with the US for Tourists.
Finally an approved Health Insurance policy is required for the duration of the stay and the nature of this is explained by the Visa Sponsors.

You should note it is the visa sponsors listed above that are actually responsible for your Visa and not the company that is employing you. This where the J1 visa differs from visas like the H1B visa. The maximum duration of the working period of the J1 visa is 4 months and you can have up to 25 days of pure travel following this period before you return home. However your dates will be listed on your J1 visa stamp in your passport and are at the sole discretion of the Immigration officer at the US Consulate or Embassy interview you attend. You can of course ask for the periods during the interview but it is their decision that is final.

Also unlike the J1 visa for interns, there is never usually an approval for the J2 Dependent visa for this J1 visa given the period is so short and it usually younger college students who are the applicants. This differs from say the J1 visa Internship program.

For Australian and New Zealand applicants only there is a special 12 month J1 visa for Work and Travel allowing a longer period of travel and work in the US and does not usually require a pre-arranged job. All other conditions are the same for these applicants.

How to find a position:

Assuming you are a foreigner with few contacts in the US to utilize to help you find a role, there are ways that most people achieve this. The first being utilizing the various sponsor organizations who will actually sponsor your J1 visa like Intrax, InterExchange, CIEE, etc. These companies often have job events, also known as employer roadshows where larger companies like Hotels, Theme Parks, etc. will often accompany them to your country to fire for the various US holiday periods.

Generally if you find a role with the assistance of your sponsor organization or their representatives in your home country, the J1 visa program fee will cost more but there are ways you can find a job in the US yourself both if you have to do it from overseas if you need a pre-arranged job or after you arrive in the US. Many foreign students often get their first role from friends who have been on the J1 visa Work and Travel program before and have a relationship with an employer.

It is important to understand the US workplace and rules around pay, etc. and your sponsor organization is your best resource for this information as well as source for support while you are in the US should any problems arise both in the workplace or elsewhere

Be careful not to pay money to the many J1 visa SCAM websites and services out there that pretend to find you a role or even if they do, a role that may be illegal, unsafe or against the J1 visa policies of the US Government or your sponsor organization. If you are going to pay fees for sometime to help find you a role it may as well be the official sponsor organizations as they are appointed by the US Government.

Also note under the J1 Visa Work and Travel Program, there are many forbidden roles like the Adult Industry, Au Pair, Medical/Science positions, Air/Sea crew, Camp Counselors, Commission based sales positions and Employment via 3rd party staffing agencies.

You do have to file taxes in the US after December 31st of the year in which you worked. Generally filing your taxes under the J1 visa is easy and usually you will get money back from the US Government as you will have earned less than amounts for large tax payments. You can often do it free online and either have the US Government Tax Department, the IRS, mail you a check to your home country in US Dollars or deposit money into your US bank account. The IRS website has the list of free online services you can use to file your taxes.
The IRS is not an organization to try and avoid in anyway because if you eventually in your US Immigration get to point of applying for a green card and permanent residency in the US, one of things they will look at during your interview process is all your Tax Returns.

So as you can see there are many avenues to finding a role in the US under the J1 Work and Travel Program. You should generally plan for the application process to take 1-2 months on average with your sponsor organization. Some organizations like CIEE work via partner organizations in most countries around the world where as others deal directly to the US office for the application process. Once they have confirmed everything you can then go for your US Consulate or Embassy interview to actually get the J1 visa stamp in your passport.

Finally to note for the future, you can transfer from the J1 visas to other visas like the H1B visa but you must technically have your application officially received by the USCIS in time and then you can stay while your application is being processed. However you cannot do anything like work or study legally until you receive approval. Additionally you should note from the links in the post the strict conditions and applications periods of visas like the H1B visa and F1 visa as it differs greatly from the J1 visa.

Good Luck,

CJ

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