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The United States J-1 Visa

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The United States J-1 Visa Powered By Docstoc
					The J-1 Exchange Visa was designed to allow Thai Nationals an opportunity to travel
to the United States as either a temporary Worker or to engage in a specialized course
of study. The Thai person utilizing the United States J-1 Visa may be subject to a bar
from reentering the United States known as the two year foreign residence
requirement.

Currently, the provisions of the United States Immigration and Nationality Act require
that those who enter the US on a J-1 visa, where the sponsorship of the visa is paid for
through the use of government financial resources, shall be subject to a reentry
restriction for two years. This means that the J-1 visa holder cannot go back to the
United States for two years on any visa that has any intrinsic immigrant intent (K-1
visa, K-3 visa, CR-1 visa, IR-1 visa, etc.) after they have completed the Exchange
visa program.

The reason for imposing this seemingly stringent 2 year restriction is due to the fact
that the J-1 visa holder was granted the use of government money in order to expand
their skill set and those expanded skills were intended to be practiced in the
applicant's home country. Further, the policy reason behind granting use of these
funds is based on the idea that non-immigrants should come to the USA, pick up new
skills (technical or otherwise), and travel back to their country of origin in order to
disseminate the newly acquired skill, learning, technical knowledge, and/or cultural
experience. Providing an outlet for American cultural exchange is often one of the
primary reasons for granting the J-1 Visa and stifling that exchange would often go
against the reason for the original J-1 visa application's approval.

It may be possible to obtain a non-immigrant visa (like a B-1 Business Visa or a B-2
Tourist Visa) to the United States during the two year foreign residence requirement,
but each day that the former J-1 holder is in the USA the 2 year restriction will be
tolled. Therefore, days present in the United States on a US Tourist visa during the
restricted residency period will not count towards extinguishing the two year foreign
residence requirement.

In some cases a waiver of the 2 year foreign residence requirement may be obtained
by those who have used a J1 visa and now wish to return to America. The Foreign
Residence Waiver is relatively difficult to obtain as it generally requires the approval
of both a foreign government and the United States Government in the form of the
United States Citizenship and Immigration Service.

				
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posted:1/26/2011
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