J1 Visa USA from Philippines
The USA J1 visa is for non-immigrants who wish to come to the country to participate in an exchange visitor program.
Total Law can help Filipinos to successfully obtain a J1 visa. Call us at +1 844 312 4979 or reach out online to find out more about our services.
Exchange Visitor Visa for USA
To get a J1 visa, you must be accepted into an exchange program run by a pre-approved organization.
Once you are accepted, you’ll be registered on the Student and Exchange Visitor Information System (SEVIS).
With your registration active, pay the SEVIS I-901 fee.
The sponsor of your exchange program will inform you if that won’t be necessary.
Having paid the fee, you can apply for the J1 visa.
Page Contents
- Exchange Visitor Visa for USA
- Exchange Visitor Programs and Categories
- Applying for the J1 Visa USA from Philippines
- J1 Visa Requirements and Documentation
- J1 Visa Application Fees and Processing Times
- Applying for Dependent Family Members to Join You in the USA
- Entering the United States Once You Have a J1 Visa
- The Two-Year Home Country Physical Presence Requirement
- Extending Your Stay in USA on J1 Visa
- Changing Your Status
- Tax Implications for J1 Visa Holders
- How Can Total Law Help?
- Frequently Asked Questions
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Exchange Visitor Programs and Categories
Overview
The J-1 visa has four exchange programs, but none are suitable for Filipino nationals.
However, they can apply via the following exchange visitor categories:
- Au pair and EduCare
- Camp Counselor
- Government Visitor
- Intern
- International Visitor
- Physician
- Professor and Research Scholar
- Short-term Scholar
- Specialist
- Student, college/university
- Student, secondary
- Summer Work Travel
- Teacher
- Trainee
Each of these categories has different requirements for acceptance.
Au Pair
For the Au Pair category, you must have an employment offer from a US family that will cover food and accommodation expenses. In addition, you must:
- Be aged 18 to 26 years old
- Have relevant childcare experience
- Write and speak English
- Have a police clearance report
- Have not previously used the Au Pair category
Student
Secondary, college and university pupils can use the Student category. To qualify for the Secondary subcategory, you’ll need to be between 15 and 18 years old and have accommodation in the US with a school or host family.
The college and university subcategories allow for the study of a full-time course at a US further education institution. There needs to be a written agreement between your home institution and the institution where you will be a guest. You’ll also have to be able to support yourself in the US.
There are exceptions for individuals receiving support via:
- Government and institutional arrangements
- Student internships
- Non-personal or family funding
Teacher
In the Teacher category, applicants can work in an accredited primary or secondary school or a kindergarten and receive professional training to advance their careers while in the US.
The Teacher subcategory has several requirements and you must:
- Be qualified to teach in the Philippines
- Currently teaching, have taught for two years in the past eight, or have received an advanced degree in the past 12 months
- Have a degree in your field or in education
- Have two years of experience in teaching or relevant professional experience for the subject you teach
- Have a good standard of English language
- Demonstrate good character and reputation
Trainee
The Trainee category is suitable for those wanting to come to the US for training and exposure in their field.
To qualify, you must be at least 18 years old and have a degree or professional certificate from a Filipino tertiary institution.
Individuals also need at least one year of experience in their field. However, the need for a tertiary qualification is waived if you have at least five years of experience in your field.
The Trainee category is valid for 12 months and can be extended by a further 6 months if you are taking part in management training.
Applying for the J1 Visa USA from Philippines
Overview
Each US embassy or consulate has slightly different visa application processes. However, they all follow similar steps:
- Confirm your eligibility for the visa and ensure that you have been accepted onto a valid exchange program.
- Complete the Online Nonimmigrant Visa Application, Form DS-160.
- Upload a passport-style photograph.
- Print off the confirmation page that you receive after completing Form DS-160.
- Schedule a visa interview with your nearest US embassy or consulate.
- Attend the interview, which will be held by a consular officer.
After your interview appointment, US authorities will process your visa application. Get guidance on completing this application process by calling Total Law at +1 844 312 4979.
J1 Visa Interview Appointment
Wait times to receive a J1 visa interview will depend on your location, season, and visa category. At your interview, a consular officer will ask you questions about your application to confirm if you are eligible. The officer will also take digital scans of your fingerprints.
Before you meet the consular officer, you’ll have to pass through airport-style security. Make sure you don’t bring laptops or large bags, as they will not be permitted into the building.
It is essential that you bring your DS-160 confirmation page, and the DS-160 number on this page must match the one you entered into the online account. Any issues with these processes could lead to a visa refusal or your appointment being rescheduled.
You usually won’t be admitted into the embassy or consulate more than 30 minutes before your appointment. The entire process will usually take two to three hours.
Once your interview is completed, the consular officer will decide if further administrative processing is needed. That will increase your visa’s overall processing time. Alternatively, if they approve your visa, your passport will be retained for visa processing.
J1 Visa Requirements and Documentation
Applicants will need to submit the following documents:
- Passport which must be valid for at least six months after your planned stay in the USA
- Completed Form DS-160
- Receipt confirming payment of the application fee
- Passport-style photograph
- Certificate of Eligibility for Exchange Visitor Status, Form DS-2019
- Completed Training/Internship Placement Plan, Form DS-7002 (if participating in the trainee or intern categories)
You may need to provide further evidence to US authorities if requested, which could include confirming your purpose of travel, your intent to depart the US after your visa period ends, and your ability to pay travel costs.
Work with Total Law to help compile and verify your documentation. Contact us at +1 844 312 4979 to get started.
J1 Visa Application Fees and Processing Times
Application and issuance fees are determined by the nation from which you make your application. The standard J1 visa fee is $185.00. Filipinos will also need to pay the $220 I-901 SEVIS fee.
Processing times vary greatly depending on your location and the consulate’s workload. Applicants from Asian countries can usually expect a two- to seven-day wait. However, it could take substantially longer if there are issues with your application.
Once you receive a decision on your application, it is your responsibility to arrange to receive your visa and have your passport returned to you.
Applying for Dependent Family Members to Join You in the USA
Your immediate relatives can join you in the US by using a J-2 visa. This visa is not available in all circumstances, such as if you are in the US under the au pair or camp counselor categories.
The types of family members who can obtain this visa type are also limited to your spouse, same-sex partner, or unmarried children under the age of 21 who are not living independently. Other family members, like your parents, siblings, or an unmarried partner, will usually not be eligible.
To get J-2 visas for your immediate relatives, you’ll need to speak with your J-1 visa sponsor. They will need to file Form DS-2019 for each dependent they want to join them in the USA.
Working and Studying on a J-2 Visa
Your J-2 visa dependents will have very limited rights in the US, which could make it hard for them to work or study. To work, they’ll need to submit Form 1-765. When this petition is approved, your dependent will get an Employment Authorization Document (EAD). The EAD will allow them to seek employment for one year.
You can expect the work permit to take three to five months to be released. Your family member will also get a Social Security Number (SSN). They won’t be able to use the money they earn from their work to provide financial support, and they will be subject to US tax and Social Security obligations. The permit will be invalidated if you lose your J-1 visa or change status.
Foreign nationals hoping to study in the USA usually need an F-1 Student visa. However, J-2 visa holders are sometimes eligible to enroll in both recreational and degree-seeking studies. This can be on a full- or part-time basis, and your family member may discontinue their studies at any time.
It is important that your family members do not begin studies that will take longer than the time you’ll be in the US with an exchange visitor status. They may be able to petition for a change to an F-1 Student visa, but there is no guarantee that this will be successful.
Entering the United States Once You Have a J1 Visa
Holding a visa does not guarantee entry into the United States. The visa allows you to travel to a US port of entry, usually an airport, and request permission to enter the country.
You’ll present your passport, visa, and DS-2019. Border officials then decide whether to permit or deny your entrance. If you are permitted entrance, the border official will provide an admission stamp or paper Form I-94, Arrival/Departure Record.
The Two-Year Home Country Physical Presence Requirement
Depending on the category of your J1 visa, you may be subject to the home-country physical presence requirement.
According to this requirement, you’ll have to return to the Philippines for two years before you can apply to switch to another non-immigrant status.
This applies to the following categories:
- Government-funded exchange program
- Graduate medical education or training
- Specialized knowledge or skill
The two-year period does not have to be consecutive, and time spent returning to the Philippines for short periods during your J1 visa validity will count toward the two years.
Certain circumstances may lead the Department of Homeland Security to waive the requirement such as:
- The Filipino government has made a no-objection status, showing that it has granted you permission to remain in the US
- Your presence in the US is required to support a dependent. This dependent must be a US citizen or legal permanent resident
- You believe that your ethnicity or religion will lead to your persecution back home
Extending Your Stay in USA on J1 Visa
If you stay beyond the date specified on your visa, you will be considered an illegal immigrant. You may be detained and forcibly removed from the USA by law enforcement officers.
Your deportation will likely make it far harder to apply for a US visa in the future.
Avoid this problem by extending your exchange visitor program, which is only available for select visa categories.
You will also need to make sure that your extension request would not put you over time limitations.
For example, in the Student category, the following maximums apply:
- Research scholars: five years
- Short-term scholar: six months
- Student intern: One year
- Non-degree student: Two years
Having confirmed that an extension is possible, you’ll need to work with your program’s sponsor to secure additional time in the USA. They’ll need to issue you a new Form DS-2019 confirming the extension. Any of your dependents in the USA on a J-2 visa will also have their status extended.
Changing Your Status
Overview
A change of non-immigrant status will be needed if your plans change while you are in the USA. An example is receiving a job offer. You’ll need to apply to change your status with U.S. Citizenship and Immigration Services (USCIS) without leaving the U.S.
However, if you have returned to the Philippines and your J-1 visa has expired, you’ll need to successfully apply for a new visa.
USCIS recommends that you apply at least 45 days before your current status expires. To change your exchange visitor visa status to another non-immigrant status, you must:
- Confirm your eligibility for the new status and that you can change it. For example, you must have an unexpired Form DS-2019 and not have violated your J-1 status.
- Find the necessary form to change status. A Form I-539 is usually required, but some nonimmigrant visas require your employer or agent to file Form I-129 on your behalf.
- Gather your supporting documentation.
- Complete your form and submit it alongside your supporting documentation. You’ll need to provide a comprehensive explanation of your immigration history and prior J-status.
- Pay the filing fee, which depends on the petition your application requires. You’ll receive Form I-797C, notice of receipt.
- Attend a biometrics appointment and respond to any requests for evidence if required.
With your application submitted, you’ll need to wait for USCIS’s decision. If approved, you’ll receive Form I-197 notifying you of the approval and a new I-94 that reflects your new status.
You should not assume your change in status has been approved until you receive official notification. It is essential that you don’t change your activities in the US too early. That could lead to you being barred from future entry to the USA or removed from the country.
Supporting Documentation for a Change of Status Application
To provide evidence that you meet the requirements for a change in status, you’ll need to provide the following:
- Valid passport
- Current J-1 visa
- Most recent I-94 and Form DS-2019
- Evidence that you have maintained your J-1 status
- Evidence that you can financially support yourself in the US
- Letter explaining why you want the new status
Each status also has particular requirements. You’ll need to provide additional evidence showing that you meet them.
Some J-1 Visa Holders Can’t Change Status
There are a few circumstances in which exchange visitor visa holders aren’t allowed to change their non-immigrant status, such as:
- You are in the US to receive graduate medical education or training. A waiver can be obtained in certain circumstances
- You are an exchange visitor who is required to meet a foreign residence requirement. A waiver can also sometimes be obtained
Exchange visitors without a foreign residence waiver may only change to an A visa, used by diplomatic and other government officials, and a G visa, used by representatives to international organizations.
Tax Implications for J1 Visa Holders
A J- visa holder’s non-immigrant status leads to them having complex tax obligations. They are usually considered nonresident aliens during their initial years. As a result, they are exempt from Social Security and Medicare (FICA) taxes.
However, you’ll still have to meet tax obligations for your taxable wages, both federally and in your state.
After five years as a student or two years as a teacher or trainee, they are considered US resident aliens if they have been substantially present in the country.
This new status will mean being taxed like a US resident, such as having to report any international income.
Filipinos can also benefit from an income tax treaty between the Philippines and the US that includes specific measures for students, trainees, teachers, and researchers.
You’ll need to file two main forms to ensure that you are meeting your tax obligations. Complete Form 8843 each year, even if you earned no income. This is used to claim days off due to your substantial presence in the US.
Secondly, complete Form 1040-NR (U.S. Nonresident Alien Income Tax Return) to declare any income that is subject to US tax.
The deadline for Form 1040-NR is April 15 if you receive wages subject to US taxes or June 15 if you do not.
How Can Total Law Help?
The J1 visa offers superb opportunities for Filipinos. It’s your chance to gain work experience, enjoy time in the USA, or advance your education. As with all US visas, it comes with strict application requirements. You’ll need to succeed in the challenging application process to receive the visa.
Lighten the burden of this challenge by working with an immigration lawyer, such as a member of our Total Law team. We can guide you through the entire visa application process. This includes gathering and verifying your documentation, helping you prepare for your visa interview, and more.
To get started, call Total Law at +1 844 312 4979 or fill out our online contact form. You can also use our website to learn about the range of support we can provide when applying for a US visa.
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Related pages for your continued reading.
Frequently Asked Questions
If your exchange visitor program ends and you haven’t secured an extension, you and any dependents with you will need to leave the country. However, you’ll have a 30-day grace period after your program ends to make the necessary arrangements and leave the country.
Your main contact for any issues you have while on a J-1 visa is the exchange program sponsor. However, if you have complaints or health and safety concerns, you should use the Department of State helpline.
Please note that your sponsor is prohibited from terminating your position in the program or taking other retaliatory action against you based on a complaint you have made.
Your sponsoring organization needs a legitimate reason to terminate your place in their program. However, if they do so, they’ll enter the information into SEVIS. You’ll have to leave the US immediately and will not receive the standard 30-day grace period.
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