Is It Possible to Stay in the U.S. with a J1 Visa?

By Asim Kilinc, Immigration Attorney at CK Law Firm

The United States offers numerous visa types that provide opportunities for education, work, and cultural exchange from all around the world. One of these visa types is the J1 visa, which allows participants to live temporarily in the U.S. and take part in specific programs. However, one of the most important questions for J1 visa holders is whether they can continue to stay in the U.S. after their visa expires. By reading this article, you’ll gain detailed insights into the following topics:

• What is a J1 Visa, and Who is it For?
• How Can You Stay in the U.S. with a J1 Visa?

If you have questions beyond these topics about the J1 visa, please remember that you can reach out to me through the comment section below this article, by sending a direct message on LinkedIn, or through the website of CK Law Firm, where I am a co-founder.

What is a J1 Visa, and Who is it For?

A J1 visa is a type of visa granted to individuals who wish to come to the United States temporarily under specific educational, training, research, or cultural exchange programs. This visa is typically suitable for university students, interns, teachers, researchers, professors, and other exchange program participants. The J1 visa is issued for participation in programs approved by the U.S. government, and its duration is limited to the length of the program.

How Can You Stay in the U.S. with a J1 Visa?

For those who wish to continue staying in the U.S. with a J1 visa, there are several pathways available. However, each of these pathways has its own specific conditions and challenges.

Changing Visa Status

Before the J1 visa expires, some individuals may be able to continue staying in the U.S. by changing their visa status. This change of status is typically achieved by transitioning to one of the following visa types:

• F1 Student Visa: If the J1 visa holder plans to enroll in an educational program in the U.S., they may transition to an F1 student visa. This transition allows the individual to continue their education and remain in the U.S. legally. However, the possibility of this transition depends on the nature of the education received under the J1 visa and the visa conditions.
  
• H1B Work Visa: If an employer wishes to hire the J1 visa holder, they can transition to an H1B work visa. The H1B visa is designed for highly skilled workers and offers the possibility of permanent employment in the U.S. However, transitioning to an H1B visa requires a specific job offer and employer sponsorship.
  
• O1 Extraordinary Ability Visa: Individuals with extraordinary abilities, particularly those successful in the arts, sciences, education, business, or athletics, may apply for an O1 visa. This visa is granted for the individual to work on a specific job or project that showcases their talents.

Waiver Application

Many J1 visa holders are required to return to their home countries after their visa expires due to the “Two-Year Home Country Physical Presence Requirement.” However, in certain cases, this requirement can be waived by applying for a waiver. A waiver application may be submitted in the following situations:

• Intent to Permanently Reside in the U.S.: If the J1 visa holder intends to reside permanently in the U.S. and their plans would be significantly impacted by returning to their home country, they may apply for a waiver.
  
• Critical Reason: A waiver application may be appropriate in situations where returning to the home country would pose significant health, safety, or other critical risks to the J1 visa holder.
  
• U.S. Citizen Spouse or Child: If the J1 visa holder is married to a U.S. citizen or has a U.S. citizen child, they may apply for a waiver to preserve family unity.

The waiver application process is complex, and each case is carefully evaluated by the U.S. Citizenship and Immigration Services (USCIS). Approval of a waiver application means that the individual will be exempt from the two-year return requirement, making it possible to stay in the U.S.

For more information on the “Two-Year Home Country Physical Presence Requirement” and how to obtain a waiver, you can read our article, “What is the J1 Visa Two-Year Rule and How to Get it Waived?“

Green Card Application

J1 visa holders who wish to permanently reside in the U.S. can apply for a Green Card. A Green Card grants the individual permanent residence and work rights in the U.S. However, the Green Card application process can be complex and lengthy. Typically, a Green Card application can be made through the following ways:

• Family Sponsorship: A U.S. citizen or Green Card holder can sponsor a J1 visa holder as a family member for a Green Card application.
  
• Employer Sponsorship: If the J1 visa holder is sponsored by a U.S. employer, they can apply for a Green Card through employer sponsorship. This is usually possible after transitioning to an H1B visa.
  
• Extraordinary Abilities: Individuals with extraordinary abilities who are eligible for an O1 visa can use their talents to apply for a Green Card.

The Green Card application process requires a lengthy procedure and must be supported by various legal formalities and documentation. Getting assistance from an experienced immigration attorney during this process can help ensure a smoother process.

Conclusion

Staying in the U.S. with a J1 visa is possible, but it requires careful planning, legal support, and taking the right steps. Understanding options such as status change, waiver applications, and the Green Card process can help you achieve your goal of staying in the U.S. Evaluating your options after the J1 visa will allow you to take the most appropriate step for your future.

Due to the complexity of the process and legal requirements, seeking support from an immigration attorney can be beneficial. Remember that you can reach out to me through CK Law Firm’s website, at info@cklawfirm.org, or directly on LinkedIn!

Who is Lawyer Asım Kılınç?

Lawyer Asım Kılınç, as a founding partner of CK Law Firm, stands out with his mastery of both international law and the American legal system, gained through years of experience. Completing his Master’s degree at Southern Methodist University Dedman School of Law, Kılınç is registered with the Missouri Bar and specializes in U.S. immigration law. His deep knowledge and experience in immigration law have significantly contributed to CK Law Firm’s successes in this field. Having participated in the preparation processes of over 1,000 cases in immigration law, Lawyer Kılınç has proven his expertise in this field, providing comprehensive and professional legal support to his clients, facilitating their adaptation to their new lives in the U.S.

Strengthening CK Law Firm’s leadership in immigration law, Lawyer Kılınç offers reliable and effective legal consultancy services to his clients, standing by them in their journey to establish a new life in the U.S. He works to ensure that his clients receive the highest quality service in citizenship, Green Card, work permit, and other immigration processes, providing support to his clients throughout the entire process, from the beginning to U.S. citizenship.