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U.S. Immigration Laws
Immigration Status: Employment-based
Employment-based First Preference
EmploymentBased-Second Preference
EmploymentBased-ThirdPreference
EmploymentBased-FourthPreference
EmploymentBased-FifthPreference
Labor Certification
Non Immigrant Status
Non Immigration Status: F1 Student
Non Immigrant Status: J1- Exchange Visitor
Non Immigrant Status: B-1 Business Visitor
Non Immigrant Status: Visa Waiver Program
Non Immigrant Status: TN Status
Non Immigrant Status: H-1B Specialty Worker
Non Immigrant Status: L-1 Intra Company Transferee
Non Immigrant Status: O-1 Extraordinary Ability
Non Immigrant Status: E-2 Treaty Investor
Non Immigrant Status: Other Types of Employment Based Nonimmigrant Visas
Developments Affecting Employment Based Cases
Family Based Immigrant Status
Family Based Immigrant Status: First Preference
Family Based Immigrant Status: Second Preference
Family Based Immigrant Status: Third Preference
Family Based Immigrant Status: Fourth Preference
Conclusion
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B. J‑1 Exchange Visitor

The J‑1 category includes certain students as well as visiting scholars, corporate trainees, professors, research assistants, and other field specialists. The J‑1 program is administered by the U.S. Department of State. As with F‑1 students above, J‑1 students may be eligible for incidental on‑campus employment if their school is also their program sponsor. For students on another sponsor’s program, that sponsor would need to authorize any on‑campus employment. The Responsible Officer (RO) can authorize off‑campus employment based on hardship or academic training. The academic training is available during or after the student’ s academic program for a maximum of 18 months based on an employment offer in the field of study. Bona fide post‑doctoral positions allow up to 36 months of academic training. Many (but not all) exchange visitors are obligated to a two-year foreign residence in their home country prior to seeking an H‑1B specialty worker or immigrant status in the U.S. Sometimes waivers of this requirement are not available, even if the foreign national marries a U.S. citizen and has U.S. citizen children.



 
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