J-1 visa requires a sponsor and that a training program be in place. With an H-3, a petition must be filed and approved by the USCIS. The J-1 program applicant needs to obtain a DS-2019 from an umbrella organization and take his or her application to the U.S. embassy to obtain a J-1 visa stamp. J-1 programs can be issued for up to 18 months. In order to obtain a DS-2019 form, the applicant and the employer must fulfill the criteria of the particular program. The training provided must be an area approved by the organization, for example management, business, engineering, etc. The applicant should prepare a statement as to why he or she needs training. The organization should provide detailed information regarding the training. In addition, the applicant should be prepared to describe his or her plans after completing the training. A trainee also needs to have travel and medical insurance during his or training in the U.S.
On June 19, 2007, the Department of State published new J-1 visa regulations in the Federal Register. In order to qualify for the J-1 category, applicants must have either a degree or professional certificate from a foreign post-secondary academic institution AND at least one year of prior related work experience outside of the US or five years of work experience outside of the US in their occupational field.
The problem with the J-1 is that changing status to the J-1 category in the US takes 4-5 months. From a practical standpoint therefore, the J-1 is most helpful if the applicant applies for and obtains the J-1 visa stamp abroad. The problem is that if the consulate doesn't believe the J-1 program is legitimate or if they believe that the applicant will not return to their home country after completion of the studies, the consulate will deny the application as per section 214(b) of the Foreign Affairs Manual which basically states that the applicant has immigrant intent.
However, if a petitioner decides to pursue a training program, the J-1 is an effective mechanism and will allow someone to train in the U.S. for up to 18 months.
