Is the J-1 visa a viable alternative for workers excluded by the H-1B visa cap?
The H-1B and the J-1 visa categories serve different career needs. The basic distinction is that an H-1B worker already has the skills and expertise needed by a U.S. employer. A J-1 trainee, on the other hand, is coming to the U.S. to obtain new skills and expertise. Unless the prospective international trainee plans to enter the U.S. on a J-1 visa to participate in a legitimate company training program, AILF will not issue a certificate of eligibility for a J-1 visa. Will the alien come to the U.S. primarily to obtain additional skills and expertise not available in his home country? Will there be a formal training plan where measurable skills are taught? Does the international trainee plan to return home to apply his or her new experience? In such cases the J-1 might be appropriate. We invite companies and their attorneys to discuss the specifics of potential training programs with us.
