kazic

Dear Duncan Roberts,

Here are my answers for the sake of completeness:

You are right by saying that UK isn’t on the “skill list” and that there are no 2 year home residence requirement. But, this relates to UK citizens rather than to someone with the UK education. Previously mentioning “A levels” is thus misleading. One Indian or Chinese student in the UK will need to deal with the rules for his country of origin rather than “UK rules”.

You are also right about the J-1 (cultural exchange) and F-1 (student) purposes. But those purposes are valid ONLY for the initial stage. Later, one J-1 holder may become a student or F-1 may pursue job opportunity. If they are single, they can also decide to marry the US citizen with rather different red-tape outcome.

It is not unusual that J-1 and F-1 holders are competing for the very same job. Let say, teaching position at the University or research position of some big corporation. And the situation between J-1 and F-1 could change dramatically depending whether they compete for the position during the study/exchange programme or after the completion of the study/exchange programme.

The differences between J-1 and F-1 visas are influencing every possible step of their lives. Even the employment possibilities for the spouses are of BIG importance. J-1 visa holder can live supported by his wife who has the right to work with J-2. At the same time, F-1 visa holder will need to struggle to support both him and his spouse while trying to pursue career at this early stage.

If they are not married, they may fall in love with the same girl and compete for her attention. If the girl is an US citizen, it could be even impossible to keep her J-1 husband in the USA because of visa restrictions. May be, this girl would prefer less trouble with the F-1 visa holder.

The same is true for the employer, who may base their decision on the differences between J-1 and F-1 visa holders. Small size employers could prefer to employ J-1 visa holder with immediate availability rather than dealing with the red tape associated with F-1.

I compared here shortly only J-1 with F-1. But, there are dozen of different visas determining the life of their holders. These holders are human beings, pursuing their dreams – job, business, love, family support…. The situation can get complicated when the circumstances change later, during their stay in the USA.

So, the poster should be advised to check very carefully the structure of the different visas and match it with her/his own intentions – not only for the initial phase, but also for the later period.

crg

Several things you posted are significantly flawed. I'll just identify one that is very basic because I don't feel like writing a complete thesis on F and J classifications. Please stop posting this information. It's, at best, incomplete and just not helpful.

"Money earned by a J-2 cannot be used to support the principal J-1 Visa holder."

Taken from:

http://j1visa.state.gov/basics/j2-visa/

That is in the law as well:

"(v) Employment .


(A) The accompanying spouse and minor children of a J-1 exchange visitor may accept employment only with authorization by the Immigration and Naturalization Service. A request for employment authorization must be made on Form I-765, Application for Employment Authorization, with fee, as required by the Service, to the district director having jurisdiction over the J-1 exchange visitor's temporary residence in the United States. Income from the spouse's or dependent's employment may be used to support the family's customary recreational and cultural activities and related travel, among other things. Employment will not be authorized if this income is needed to support the J-1 principal alien. (Amended 6/3/95; 60 FR 21973 )"

See: http://www.uscis.gov/ilink/docView/S...0-0-18744.html

lifehouse51

Kazic,

Your posts were hard to follow, probably because some of the terms you used were not precise, and what you wrote probably also alluded to some personal experience that we didn't know about here.

Certainly different visa types are different. From what we've seen, there's no evidence supporting a 2-year home country residence requirement for the original poster. If that's indeed the case, I don't think most of what you mentioned would apply to him/her.

Status change is possible under the F and J visas without the 2-year home country residence requirement. I don't really understand the part about red tapes associated with F-1. Furthermore, F-1 visa holders may be eligible for optional practical training, which is currently one year and can be used for employment after graduation, while awaiting change to another working status such as H.

And regarding the part about subsequent employment, if change of status is not an issue in this case, then the F and J visa holders are on the same playing field - They can both change status to H status or exit the country and apply for a H visa.

And finally, it's certainly encouraged for people to research different visa types, but an also important question is: What visa type is available for the specific purpose? F visa is certainly not appropriate for this case. H visa will be hard without a college degree. J visa is probably the most appropriate one.

kazic

Dear CRG, it is the J-1 holder who is pursuing some programme. That is why he/she is getting that visa.

If his/her spouse is employed – of course that the spouse is supporting the family and make their family life more efficient and better off.

The quoted 60 FR 21973 talks about completely different issue. It is a guarantee that J-1 has the sources for covering the programme (for example sponsoring institution) and this should not come from the income of J-2. But, 60 FR 21973 clearly stated that:

Income from the spouse may be used to SUPPORT the family’s customary recreational and cultural activities, and related travel among other things.

This is an important issue and there are virtually no other visa with such a generous rule. If I am not wrong, J-2 holder can look for virtually any job without asking for additional permits etc… Someone who has created laws, had obviously clear intention to make the life of the J visa holders in the USA very attractive – as long as the programme lasts. I am not aware that other type of visas could enable anything similar.

Do you have any other issue which you find “significantly flawed”?

crg

You're mostly lamenting and pontificating in broad generalizations. There are few actual hard facts included.

Having a J-1 isn't all roses. There are multiple categories within J-1. There are J-1 holders pushing people from casino to casino in rickshaw-like carts and working at amusement parks for very little money. Many J-1 categories are limited to short duration positions.

"Small size employers could prefer to employ J-1 visa holder with immediate availability rather than dealing with the red tape associated with F-1."

Both J and F must function within the rules of the SEVIS program. There is red tape for both. An employer cannot bring in F-1 students at all. F-1 students are linked to academic institutions only. So if an F-1 has work authorization, such as OPT, the employer has much less red tape go through.

If someone ends up in the US unaware that the classification they selected will not allow them to meet their objectives then it's their own fault. The rules are public. Caveat emptor.

Duncan Roberts

It's based on your country of residence, not your country of citizenship or origin. An Indian or Chinese citizen who is resident in the UK would use the UK rules.

ian-mstm

Your real name is Julia, isn't it? Your pattern of posts suggest that you prefer to disseminate half-truths and suppositions rather than actual facts.


I find most of your posts significantly flawed.

Ian

Awesome Welles

Death, where is thy sting?

MoshiMoshi

As has already been noted, this is completely contrary to what's stated by the guidelines for the J2 EAD (Employment Authorization Document).

I appreciate you may mean that the J2's income adds to the family pot, but the correct phrasing is very important. When a J2 applies for an EAD, he/she should include a covering letter detailing the family's expenses in the US and demonstrating that a) the J1's income is not sufficient for the J2's US living costs, but also that b) the J2's income will not be used to support the J1. We were advised by our institution to use the wording:

'This employment authorization request is to support myself (and my children) during my stay in the US. My earnings will in no way be used to support the J1 principal exchange visitor [...]'

Honestly, I don't know why you think that twenty-year-old J visa information is worth expounding. I'm on a J2 visa right now, and have direct experience of the J1, and I didn't comment on the OP's situation because it's clearly completely different to mine (professional internship vs academic post-doc).

It's frustrating to think that anyone who searches this site for J1/2 info is going to end up wading through all your posts on the subject, which are misinformed and sloppily worded. The visa process is confusing enough as it is.

You do have my support should you decide to write an informative soap opera detailing the lives and loves of non-immigrant visa holders.

retzie

For the record, there are certainly situations where a student may choose between a J-1 and an F-1. I believe it is affected by the source of financial support, ie. personal funds vs. external funds (eg. graduate assistantship.) Many international student offices offer comparisons, here is one such example.

This is clearly not relevant to the (now defunct) OP, but for those wondering how there may ever be a choice...

lifehouse51

I think you're right as I remember back in the days when I was in college, some students were on J visas, but mostly for short term studies. All students who were full time regular students were on F visas.

Nevertheless, for the purpose of internship, F visas won't be a option (Unless it's part of the OPT period)