Sophie Alcorn
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Sophie Alcorn is the founding father of Alcorn Immigration Law in Silicon Valley and 2019 Global Law Experts Awards’ “Law Firm of the Year in California for Entrepreneur Immigration Services.” She connects folks with the companies and alternatives that broaden their lives.
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Here’s one other version of “Ask Sophie,” the recommendation column that solutions immigration-related questions about working at expertise firms.
“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration lawyer. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”
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Dear Sophie,
I simply discovered that I’ve been chosen as a trainee within the J-1 exchange program.
I’m presently within the U.S. on a B-1/B-2 customer visa. The sponsoring firm would really like me to begin in August. I heard it may possibly take a number of months to change my standing to a J-1. Is there a manner to get a J-1 sooner?
Is there something I ought to know about the J-1, notably if I later resolve to keep within the U.S. as soon as the J-1 program ends?
— Techie Trainee
Dear Techie,
Congratulations on being chosen as a J-1 academic and cultural exchange trainee!
The function of the J-1 is to exchange information between international locations. Check out my podcast that gives an summary of the J-1 in addition to the waiver course of. The J-1 visa is meant for folks from across the globe to work or examine within the U.S. after which take their newly acquired information and expertise again to their dwelling nation.
The Trainee J-1 normally lasts 18 months. Some J-1 holders are required to return to their dwelling nation for at the very least two years as soon as your J-1 standing ends. The waiver course of could be notably difficult. I advocate you seek the advice of an immigration lawyer earlier than you start your program to verify in case you are topic to the two-year international residency requirement. They also can make it easier to with any J-1 change of standing or waiver software as obligatory.
Good information: USCIS simply rolled out premium processing for J-1 adjustments of standing, shortening the method for people presently contained in the United States!
Keep in thoughts: non-immigrant intent
Most U.S. visas such because the B-1/B-2 for guests, J-1 for exchange guests, and F-1 for college students require their holders to have non-immigrant intent: it’s your job to show to the U.S. authorities that you just plan to depart the United States on the finish of your program. Evidence of immigrant intent—your intention to reside completely within the U.S. by acquiring a inexperienced card—is trigger for immigration officers to deny your visa. Other components, like having a U.S. citizen important different, or stating that you’re planning to work within the U.S. long-term, is also interpreted as proof of your immigrant intent.
For the J-1, you’ll need to reveal to immigration officers that you just intend to ultimately return to your property nation by sustaining a residence in your nation or exhibiting you will have ties to your nation of residence. The motive the State Department administers this program is to promote the circulation of information all over the world. (Remember, earlier than the web, we usually had to bodily journey to share information, info, and community with folks in different international locations!)
How to get a J-1
After you enroll in a program, it should subject you a Form DS-2019, which is the Certificate of Eligibility for Exchange Visitor (J-1) Status. Most folks as of just lately have been making use of for brand new J-1 visas on the consulate and obtain a a number of entry visa. The length is predicated on no matter reciprocity agreements the State Department has in place with the federal government of your nation of citizenship.
…. to be continued
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