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The J-1 nonimmigrant visa is billed as an educational and cultural exchange visitor program, but is routinely used as a temporary work visa.
AT A GLANCE
Year Created
1961
Promote international understanding
Department of State (DOS)
Stated Purpose
Managing Agency
The J-1 umbrella includes 14 distinct categories.
Au Pair
Camp Counselor
College & University Students
Government Visitors
International Visitors
Physicians
Professors & Research Scholars
High School Students
Short Term Scholars
Specialists
Summer Work Travel
Teachers
Interns
Trainees
J-1 NUMBERS AT A GLANCE
2019 TOP 10 DESTINATION SITES FOR J-1 VISA HOLDERS
TOP SENDING COUNTRIES: J-1 VISAS ISSUED
J-1 VISAS
ISSUED BY SUBCATEGORY
COMPARISON OF J-1 EXCHANGE VISITOR PROGRAM
Type | Program length | Extensions available | Repeat participation | Work hour restrictions | Wage requirement | Mandatory vacation time | U.S. worker protection |
|---|---|---|---|---|---|---|---|
Summer Work Travel | 4 months | No | No restriction | May not work in positions where work hours fall between 10 PM and 6 AM | The higher of Federal, state or local minimum wage or pay and benefits commensurate with similarly situated U.S. workers | 1 month after the three months work | Sponsors must confirm that host employers will not displace domestic U.S. workers at worksites where they will place program participants |
Camp Counselors | 4 months | No | Yes, but sponsors shall limit the number of repeat participants - not more than 10% of total from immediately preceding year | None | Pay and benefits commensurate with American counterparts | None | None |
Au Pairs | 12 months | Yes
6, 9 or 12 months
but additional educational component requirements | Yes, after 2 year home residency | Maximum 30 or 45 hours per week depending on EduCare or regular au pair; 10 hours per day maximum | Stipend of $197 per week. | 1.5 days off per week; 1 complete weekend per month; 2 weeks paid vacation | None |
Interns | 12 months | No | Yes, after 2 year home residency | Minimum 32 hours per week | None | None | Sponsors must certify that they or anyhost organization does not displace full or part time temporary or permanent American workers |
Trainees | 18 months; 12 months for Hospitality/ Tourism and Agriculture (Ag allowed up to 18 months if original T/IPP includes 6 months of study) | No | Yes, after 2 year home residency | Minimum 32 hours per week | None | None | Sponsors must certify that they or anyhost organization does not displace full or part time temporary or permanent American workers |
Teachers | 3 years | No | No restriction | Must be full-time | None, but must be in compliance with collective bargaining agreement; compensation, if any, must be outlined in writing beforehand | None | None |
LABOR ABUSE
Despite being used as a work visa, the U.S. Department of Labor (USDOL) plays no role in regulating the J-1 program other than to enforce the standard federal wage and hour laws that apply to the general workforce.
At least six of the 14 J-1 categories present situations where J-1 workers are vulnerable: summer work travel, camp counselors, trainees, and interns, au pairs, and teachers
DOS data shows that these six categories make up just over half of all total J-1 visas issued.
Geographic isolation, employment in private homes or in low-wage, unskilled industries, and lax worker protections and oversight all contribute to J-1 worker vulnerability to exploitation.
DOCUMENTED CASES OF ABUSE
1/3
[STILL MISSING: Reasons why an employer may choose to hire J-1 workers]
RECOMMENDATIONS
The J-1 exchange visitor program was not designed to import foreign labor and should be redesigned to accommodate this reality.
Open jobs to U.S. workers:
The J-1 exchange visitor program regulations do not have a system in place to test the labor market for jobs where J-1 workers are employed. Currently, there is no requirement to advertise open jobs or recruit U.S. workers.
End employer-based visas:
As with most other nonimmigrant visas that authorize work in the U.S., J-1 exchange visitors are vulnerable to the extent that their lawful immigration status is tied to a job placement. An individual who has paid money to come to the United States to work has a strong incentive to stick with an exploitative situation.
[STILL MISSING: Additional Resources]
Other Visa Programs:
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