Attracting and Retaining Top Agribusiness Talent: Non-Immigrant and Temporary Visa Solutions - J-1

February 13, 2015 by Jenifer M. Brown, Partner
Ice Miller can help innovators overcome critical challenges to grow successful agribusinesses. Learn more about the unique business and legal challenges facing food and agricultural innovators and how to protect and grow that innovation in our 2015 Agribusiness Guide. An excerpt follows: 

J-1 (Interns and Trainees): The J-1 visa category is very broad and may include students, teachers, research scholars and physicians but also includes interns and trainees. To qualify as a J-1 intern, the foreign national must be currently enrolled in a post-secondary institution or has graduated no more than 12 months prior to the proposed start date of the internship. To qualify as a J-1 trainee, the foreign national must either hold a degree and at least one year of relevant work experience outside the U.S. or five years of relevant work experience. Interns and trainees must be fluent in English and carry sufficient medical insurance. The period of stay in the U.S. is limited to 12 to 18 months. Productive employment is not permitted, and instead activity must consist of traditional training opportunities. Additionally, the J-1 category is intended to provide foreign nationals with training in the U.S. for the express purpose of utilizing the training outside the U.S. at the conclusion of the training program. Some J-1 approvals also include a home residency requirement wherein the J-1 visa holder must return to their home country for two (2) years before seeking new immigration benefits in the U.S. Waivers of the two year home rule may be available.

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