J-1 designation holders exempt from Social Security and Medicare Taxes

In general aliens performing services in the United States as employees are liable for U.S. Social Security and Medicare taxes. However, certain classes of alien employees are exempt from U.S. Social Security and Medicare taxes.

F-visas, J-visas, M-visas, Q-visas. Nonresident Alien students, scholars, professors, teachers, trainees, researchers, physicians, au pairs, summer camp workers, and other aliens temporarily present in the United States in F-1,J-1,M-1, or Q-1/Q-2 non-immigrant status are exempt on wages paid to them for services performed within the United States as long as such services are allowed by USCIS for these non-immigrant statuses, and such services are performed to carry out the purposes for which such visas were issued to them.

Exempt Employment includes:
-On-campus student employment up to 20 hours a week (40 hrs during summer vacations).
-Off-campus student employment allowed by USCIS.
-Practical Training student employment on or off campus.
-Employment as professor, teacher or researcher.
-Employment as a physician, au pair, or summer camp worker.

Limitations on exemption:

-The exemption does not apply to spouses and children in F-2, J-2, M-2, or Q-3 non-immigrant status.
-The exemption does not apply to employment not allowed by USCIS or to employment not closely connected to the purpose for which the visa was issued.
-The exemption does not apply to F-1,J-1,M-1, or Q-1/Q-2 nonimmigrants who change to an immigration status which is not exempt or to a special protected status.
-The exemption does not apply to F-1,J-1,M-1, or Q-1/Q-2 nonimmigrants who become resident aliens

EXTENSION OF STAY IN UNITED STATES FOR J-1 VISA HOLDERS:

Foreigners come to United States to work as interns and trainees on J-1 visas. The salaries are in line with those offered to Americans in such positions. Usually one has to be a current student, recent graduate or a young adult (less than 35 years of age) to be able to qualify for such positions. Such opportunities can be for 4 months to ...18 months. On completion of such programs the individual is required to go back to the home country however there are exceptions to this. One can obtain a waiver and then be sponsored for H-1 work visa which can be for 3 years and then extendable by another 3 years. The H-1 visa can also lead to green card and then citizenship of USA. However this is a long process.

For more information on J-1 visas, email us at info@eaglelegal.ca

Study-Work Programs in Canada

Study-Work programs in Canada are usually an interesting options for young adults around the world (including those who have held J-1 visas in the US). These programs give an opportunity to the aspirant to be able to come to Canada on a Student Permit and subsequently apply for an Open Work Permit. This means that the individual can work anywhere, so long as the field of study is similar to the field of work, while the study continues and work is integral part of the study. Such programs may also be classified as co-op programs. Such programs are usually in high demand because they offer the option to the individual, of being able to work in the field, as part of their education. The positions during this working are paid. Individuals who are already in the US on a J-1 visa may find this program attractive as it gives them an option to 'feel' Canada while being in North America. They can apply for visa from the US, without being required to go back to the home country. The permission to work under such programs is usually for less than 50% of the total time allocated for studies.

Mutual Cultural Exchange in United States

International Participants can visit the United States of America under different programs to participate and promote culutural exchange in United States. There are visas available for such  internships and training programs. Participants can visit for 4 to 18 months under these programs. The purpose of the program  is to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges. Educational and cultural exchanges assist the Department of State in furthering the foreign policy objectives of the United States.