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Top J1 Visa Questions

A J-1 visa is a non-immigrant visa issued by the United States to exchange visitors participating in programs that promote cultural exchange, especially to obtain medical or business training within the U.S. All applicants must meet eligibility criteria and be sponsored either by a private sector or government program. If you have J1 waiver or visa questions read below to see the top five J1 visa questions that have been answered by Experts.

If someone is on a J1 visa where the government of Egypt is paying my salary and allowances, will they need to pay Federal and State taxes?

Earnings from J-1 Employment are usually subject to federal, state, and local income taxes. An employer is required by law to withhold these taxes from paychecks. All J-1s who have earned income from US sources must prepare and submit income tax forms by April 15. Even if an EV departs the USA, s/he is still obliged to file tax returns. If financial support is being provided from home country sources and the EV does not have US income, they do not have to report or “file” income taxes. Persons who earned income from a job in the US will receive a W-2 form that must be included with the documents submitted to the Internal Revenue Service with a “tax return” form. You will receive Form 1042-S instead of Form W-2 for the amount of your income that is exempt from taxes because of a tax treaty. If an EV qualifies under a tax treaty between the United States and his/her home government, earnings, or some portion of earnings, may not be taxable. However, exemption from taxation because of a tax treaty is not automatic.

If someone came to the US from India on a j1 visa as a intern for 12 months, can they change their status to trainee and extend their visa for another 6 months?

No, you cannot extend your stay. The maximum is the 12 months. If you get a new DS, you would have to go back to India and apply for a new visa. You are supposed to go back to school with this visa, and take the knowledge you gained while here to advance your profession there.

When would someone give notice after they receive notification from USCIS that the application was accepted and would they need a translator to translate and certify their own Brazilian birth certificate?

You would not have to resign your job until your application is actually received by CIS. You cannot do the translation but you can have someone else do it. They have to certify that they are fluent in both English and Portuguese and that the translation is true and correct.

If a UK Student is about to apply for a J1 visa (Student exchange) as part of their 4 year undergraduate BA and wants to apply to a Grad School in the states, would the two year foreign residency requirement under the J1 visa apply if they were indenting on returning under a F1 visa

No, if the 2 year home residency rule applies to you that does not make you ineligible for an F1 visa. You are only ineligible for an H1B, L or permanent resident visa without first completing the 2 years.

If someone has a J1 Visa extended for 12 months with no 2 year foreign residency requirement, and their I94 expires soon, can they stay after the J1 is voided if they have filed for a 1539 and their I94 has expired?

They are allowed to stay here pending a decision on the petition. As long as a person files to change status before their current status expires they are in what is called a period of "authorized stay" by the attorney general and can remain here legally until they get a decision.
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