June 17, 2008

J-1 Visas - Success!


I recently had two clients who were both able to receive J-1 visas at the US Embassy in their home countries, after just a little information from me about the options and benefits of J-1 visas. One applied in Mexico as an Exchange Teacher; the other applied in Israel as a visiting instructor.

For anyone in any type of educational job, the J-1 visa is such an easy way to work in the U.S. compared to the H-1B that it's surprising that not more people take advantage of the J-1. Many people have the misconception that all people who use a J-1 are "subject to 212(e)" - required to go home after their stay. That is not true unless the country of citizenship, and the field of specialization, are on the "Skills List," which is posted by the U.S. State Department. The other way to be "subject" is to accept government funding or funding from an organization for which international exchange is the primary purpose.

For example, it is true that the Mexican client will be "subject." The Mexican client will be teaching at an elementary school. The organization that will sponsor his J-1 does expect that he will return to Mexico, to share what he has learned. He understands this and finds that it's a fair trade for three years of work experience (and life experience)in an educational setting in the U.S. The opportunity to learn American teaching methods, school systems and perfect his English will be invaluable when he returns to Mexico. In addition, he'll make connections and he can always come back two years later!

On the other hand, the Israeli instructor will not have any restrictions and will not be required to return home because the J-1 is sponsored by a university and Israel is not on the State Department skills list. The visiting instructor may very well return home after receiving work experience; however, the option to switch to another immigration status will still be open when the J-1 status is coming to an end.

Both employees were able to obtain the J-1 work permission with relative ease, in a relatively short period of time. Despite travel costs, the J-1 was probably still cheaper than all the costs involved with the H-1B. The J-1 is a "sponsored status," requiring a "sponsoring agency" or educational institution. Because of this, the sponsor makes all the arrangements and no attorney is necessary. Finally, once an organization issues a J-1 document (DS-2019), there is no further work needed with the Department of Labor or the Immigration Service inside the U.S., making the J-1 visa much easier to deal with for most people in general.

Both clients contacted me to express their gratitude and excitement about their future jobs. Such messages are the very best part of the work I do.

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