FAQs

The J-1 Exchange Visitor Visa is a non-immigrant visa issued by the U.S. Department of State, offering numerous opportunities for international individuals seeking to travel and gain experience in the United States.

Administered by the State Department, the J-1 Exchange Visitor Program is a versatile initiative that allows foreign nationals to come to the United States for purposes such as teaching, studying, conducting research, demonstrating special skills, or receiving on-the-job training. The program offers flexible durations, ranging from a few weeks to several years.

The program’s primary objective is to expose individuals from various countries to the culture and institutions of the United States. It aims to foster better understanding and facilitate educational and cultural exchange programs, promoting dialogue and cooperation between nations on a wide range of issues.

The J-1 Visa encompasses 15 different categories, including the trainee category. This non-immigrant visa enables foreign individuals to participate in training programs with U.S.-based host organizations for a maximum duration of 18 months.

To be eligible, you must possess either a degree or professional certificate from a post-secondary academic institution recognized by the relevant ministry outside the United States, along with at least one year of relevant work experience in your occupational field gained outside the United States.

Alternatively, you may qualify if you have accumulated a minimum of five years of work experience in your occupational field outside the United States.

The J-1 Visa encompasses 15 categories, including the intern category, specifically designed for foreign students and recent graduates.

This non-immigrant visa facilitates training opportunities with U.S.-based host organizations for a maximum period of 12 months. To qualify, you must meet one of the following criteria:

Be currently enrolled in a degree or certificate program at a post-secondary academic institution recognized by the relevant ministry outside the United States and actively pursuing your studies, OR have graduated from such an institution within the 12 months preceding the start date of your internship program.
On-the-job training is primarily focused on the concept of “learning-by-doing.” It is essential to distinguish on-the-job training from the traditional “apprenticeship” model practiced in many countries. Unlike apprenticeships, on-the-job training takes a less-structured approach to developing job skills and knowledge, placing the responsibility of learning on the individual.

Understanding this distinction is crucial for international participants as it requires them to become active and equal partners in the learning process.

It is helpful to view the host organization as providing the “classroom” through a written training plan and the necessary tools to learn about a specific activity or industry. However, it is the participant’s responsibility to take the initiative and be a proactive learner.
The J-1 Visa is classified as a non-immigrant visa, which necessitates applicants to demonstrate strong connections to their home country. If an applicant is presently in the United States, MCC requires them to return to their home country.

During this period, the applicant is advised to engage in work or attend classes that are relevant to the proposed training. It is important to emphasize that MCC will not provide any documents to individuals who are currently residing in the United States.

To apply for a J-1 Visa, applicants must leave the country and initiate the application process from their home country.

Not necessarily. In the United States, overtime is typically earned after working 40 hours per week, and it is commonly compensated at a rate of 1.5 times the base pay.

There are two classifications of positions: “exempt” and “non-exempt.” Employees designated as “exempt” receive a fixed wage for their specific job duties, while “non-exempt” employees are paid based on the actual hours worked. This classification is determined based on the position itself rather than the individual. Consequently, in a J-1 program, if a position held by a U.S. employee is considered “exempt,” J-1 participants in the same position will also be classified as “exempt.” The same principle applies to “non-exempt” positions.

U.S. organizations are not obligated to provide overtime pay to “exempt” employees. However, participants classified as “non-exempt” are eligible for overtime compensation. The regulations regarding overtime determination may vary between organizations and states.

Yes. There are no regulations that prohibit participants from earning a bonus during their program.
No. Under U.S. law, there is no legal requirement for U.S. organizations to provide paid leave, including vacation and sick time, to their employees.

As a result, J-1 participants are not entitled to any specific type of paid leave as a matter of legal obligation. The leave policies applicable to J-1 participants will depend on the rules and regulations of their respective host organizations.

In most cases, participants will need to accumulate or “earn” paid vacation and sick time by fulfilling specific criteria, typically based on the duration of their tenure with the host organization.

As a general guideline, new employees in the United States typically earn around one to two weeks of vacation in their first year of employment. Therefore, participants should not anticipate receiving more than two weeks of vacation during their program period in the United States.

Participants who receive income from a U.S. source are obligated to pay federal, state, and local income taxes. State income tax rates may vary, and it’s important to note that some states do not impose an income tax. The federal income tax is determined based on the wage level and participants can expect to pay approximately 25 percent of their gross salary towards federal income taxes.

The organization will automatically deduct federal and state income taxes from participants’ pay checks. However, participants are not required to pay Social Security and Medicare taxes (FICA) or Federal Unemployment tax (FUTA) as they are not eligible for these benefits.

In general, all J-1 Visa holders are considered non-residents for tax purposes. Participants are required to file both a federal income tax return and, if applicable, a state income tax return (depending on the presence of state income tax). These tax returns must be filed by April 15th of each year in which participants earn income in the United States.

For instance, if the program spans from July 3, 2022, to July 2, 2023, participants will need to file tax returns for two years. In this example, the first return must be filed by April 15, 2023, for income earned in 2022, and the second return must be filed by April 15, 2024, for income earned in 2023.

Participants will use either Form 1040NR-EZ or Form 1040NR to file their federal tax return. These forms are typically available after January 1st and can be obtained from Internal Revenue Service (IRS) offices, local public libraries, or the IRS website.

Information regarding forms for filing state income tax returns can be found after January 1st at local public libraries or on the respective state’s tax website.

It is important for participants to always have their health insurance card with them. In the event of an accident or unforeseen medical needs, participants will be required to provide proof of coverage from their health insurance policy.

Unless it is a life-threatening emergency, clinics, doctors, and hospitals typically request to see the health insurance card before providing any treatment. Additionally, participants should carry their J-1 Visa documentation to prove their legal presence in the United States.

Participants without a U.S. Social Security number will need to apply for a Social Security card at the local office of the Social Security Administration (SSA).

They should bring their passport, I-94 record, Form DS-2019, and a copy of their birth certificate for identification. The application process may take around one hour, and participants should expect a wait in line. The SSA will make copies of the necessary documents and return the originals. The customer service agent will verify the participant’s arrival information through the SAVE database and issue a receipt.

The Social Security card will be delivered within two to four weeks. If there are delays in record updates, participants will receive a receipt and the SSA will initiate a formal inquiry, which can take four to six weeks.

Participants can be added to their host employer’s payroll using a temporary “dummy number” until they obtain their Social Security number. It is important for participants to provide their actual Social Security number to their host employer as soon as they receive it.

No. Participants can be included in their host organization’s payroll even if they don’t have a Social Security Number yet.

By presenting the receipt of their Social Security card application, the host organization can use a temporary “dummy number” to enroll them in the payroll system until they obtain their actual Social Security Number. However, participants should promptly provide their host organization with their Social Security Number as soon as they receive it.

No. The Form DS-2019 provides information about participants’ designated training location. As participants enter the United States for specific on-the-job training at a specific location, it is not possible to change training locations.

If there are significant changes in financial or other conditions with the host employer during the training program, participants should contact Cultural Vistas to explore the possibility of securing training at a different site.

However, as the visa sponsor, only Cultural Vistas has the authority to approve a change in training location. It is crucial to remember that participants are legally authorized to earn a wage solely at the host employer specified on the Form DS-2019.

It is important to emphasize that severe penalties can be imposed on both the employer and the participant if the participant is not legally authorized to earn a wage at the designated employer.

Participants must apply to the U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security to obtain a new I-94 card.

It is crucial to understand that the I-94 card serves as the official proof of legal entry into the United States. Without this document, participants lack evidence of their lawful entry and may face deportation.

To request a replacement card, participants need to complete and submit the I-102 form to USCIS, along with the required fee for a lost I-94 card. Additionally, participants should promptly notify Cultural Vistas about the loss of their I-94 card.

If participants lose their passports, which also contain their J-1 Visas, they should promptly contact the nearest embassy or consulate of their country of citizenship in the U.S. to inquire about obtaining a replacement passport.

It is important to note that if participants travel outside the United States after receiving a new passport, they must obtain a new J-1 Visa before re-entering the country, as the new passport will not have the visa in it.

If the lost passport contained the I-94 card, participants will need to apply for a replacement I-94 card (refer to above instructions). If the lost passport contained the Form DS-2019, participants would need to obtain a replacement Form DS-2019 from Cultural Vistas.

Participants must contact Cultural Vistas immediately to inform us about the loss of their passport.

Participants can travel outside the United States for up to 30 consecutive days during the training program. Before traveling, participants must send the Form DS-2019 to Cultural Vistas for a signature, which confirms their sponsorship. This signature is valid for one year and helps facilitate their return without questioning at the border.

To re-enter the United States, participants need a valid multiple entry visa in their passport. If they have a single-entry visa or an expired visa, they should contact Cultural Vistas in advance for necessary documentation.

When traveling to Canada or Mexico for less than 30 days, participants who have an I-94 card do not need to surrender it at the border. They can keep the card and show it to the border official upon their return.

Participants should ensure they meet the visa requirements for entering Canada or Mexico, as the J-1 Visa is only valid for the United States. While U.S. citizens may not require a visa for travel to Canada or Mexico, participants from other countries should check their home country’s visa requirements for these destinations.

Travel validation signatures are not needed for travel to Canada or Mexico.

It is imperative that Cultural Vistas maintain an accurate, current home address for all participants in the United States. Participants must notify Cultural Vistas of any address changes within 10 business days, or risk losing visa status.

Individuals are permitted by the Department of Homeland Security (DHS) to stay in the United States for up to 30 days after the end date specified on their DS-2019 (Certificate of Eligibility). It is crucial to adhere to this regulation.

If a participant’s training program concludes before the DS-2019 end date, they should contact Cultural Vistas.

It is important to note that exceeding the authorized stay, even by one day, can result in severe penalties and hinder future visits to the United States.

If a participant wishes to travel within the United States for more than 30 days after completing their training program, they should exit the country and re-enter on a tourist visa. The specific requirements for tourist visas depend on the participant’s citizenship, and they should refer to the Department of State website for further information.

Please be aware that participants cannot continue to receive wages from their host employer beyond the last day of the training program specified on the Form DS-2019. It is important to note that both the participant and the employer may face significant penalties if the participant is not legally authorized to receive wages from that employer.

The J-1 Visa is a temporary visa and is issued with the understanding that you do not intend to permanently reside in the U.S.

As part of Cultural Vistas’ sponsorship, both the participant and the host employer are required to sign an obligations and responsibilities form, affirming their commitment to maintaining the participant’s non-immigrant status.

Schools that frequently seek H1B or other visa statuses for their teachers may face limitations in their ability to collaborate with Cultural Vistas in the future.

The J-1 Visa is a temporary visa and is issued with the understanding that you do not intend to permanently reside in the U.S.

As part of Cultural Vistas’ sponsorship, both the participant and the host employer are required to sign an obligations and responsibilities form, affirming their commitment to maintaining the participant’s non-immigrant status.

Schools that frequently seek H1B or other visa statuses for their teachers may face limitations in their ability to collaborate with Cultural Vistas in the future.

Yes, it is possible under specific circumstances. Both trainees and interns can participate in additional training and internship programs if they focus on acquiring more advanced skills or explore a different field of expertise.

Interns can engage in additional internships as long as they remain enrolled as students or begin a new internship within 12 months of graduating.

Trainees, on the other hand, are eligible for additional training programs after residing outside the United States for a minimum of two years following their initial training program.

No. Participants who have successfully completed an internship program and no longer meet the selection criteria for internship programs must reside outside of the United States for two years before they can apply for a training position.

The maximum duration permitted for on-the-job training on the J-1 Visa is 18 months, while for the J-1 Intern Visa, it is 12 months.

If a participant is engaged in a six-month training program and both the participant and the host employer deem it beneficial to extend the program for an additional 12 months, MCC can facilitate the program extension.

Please be aware that MCC charges a fee for program extensions and requires the submission of a training plan for the extended period.

The approval process for extensions may take approximately 2-3 weeks, so it is advisable to plan and apply for an extension before the original program end date. To request an extension, please contact MCC via email at info@mcc.co

An exchange visitor is subject to the two‐year home country physical presence requirement under the following conditions:

Your J‐1 Visa program is funded in whole or in part directly or indirectly by the U.S. government or the government of your nationality or last residence.

You are a national or permanent resident of a country which has deemed your field of specialized knowledge or skill necessary to the development of the country, as shown on the Exchange Visitor Skills List.

Dependents must be spouses or children of the J‐1 Visa holder.
Common law marriages are not recognized and are not eligible for J‐2 Dependent Visas.
The age limit for dependents is 21.
Yes. Upon arrival in the United States, a J-2 Visa dependent spouse can apply for work authorization through USCIS (U.S. Citizenship and Immigration Services) under Category 274a.12(c).

The application requires demonstrating financial independence from the J-1 Visa participant. Processing times vary, typically taking at least 60 days.

The application is submitted on Form I-765 with the required fee and a statement of family expenses. If approved, work authorization is valid until the J-1 Visa holder’s authorized stay ends.

J-2 dependents are subject to Social Security, federal unemployment, and income taxes. MCC is not involved in the J-2 dependent spouse’s work authorization application.