J-1 Visa Legal Rights and Protections

Summary of J-1 Participant's Rights

The J-1 Exchange Visitor Program is designed to promote cultural exchange, education, and professional development.

In addition to the opportunities it provides, J-1 participants are guaranteed certain legal rights and protections under U.S. law.

These rights ensure fair treatment, workplace safety, and protection from abuse or exploitation during the exchange experience.

1. Workplace Rights

Fair Wages & Hours: If your program involves employment, you must receive at least the federal or state minimum wage (whichever is higher) and appropriate overtime pay where applicable.

Safe Conditions: Your employer must provide a safe and healthy workplace free from serious hazards, in compliance with Occupational Safety and Health Administration (OSHA) regulations.

No Withholding of Passports: It is illegal for an employer or sponsor to confiscate or withhold your passport or immigration documents.

2. Freedom from Exploitation and Abuse

No Human Trafficking or Forced Labor: You cannot be forced to work against your will or under threats of harm.

Protection Against Harassment & Discrimination: U.S. laws prohibit discrimination based on race, religion, sex, national origin, disability, or age. Sexual harassment or abuse in the workplace or housing is strictly prohibited.

Privacy Rights: Your private documents, finances, and living arrangements must be respected.

3. Housing & Living Conditions

If housing is provided, it must be safe, clean, and compliant with local housing codes.

You should not be forced to live in overcrowded or unsafe accommodations.

Sponsors must ensure you know where you will live before or upon arrival.

4. Medical Rights & Protections

J-1 visa holders are required to carry health insurance that meets U.S. Department of State minimum requirements.

You have the right to seek emergency medical care regardless of your insurance status.

Hospitals must provide stabilizing treatment in emergencies before asking about payment or insurance.

5. Support from Program Sponsors

Sponsors are responsible for monitoring your welfare throughout the program.

You must receive a 24-hour emergency contact number for your sponsor.

Sponsors must provide orientation on your rights and program rules upon arrival.

6. Legal Resources & Hotlines

911 Emergency Services: Call 911 for immediate police, fire, or medical emergencies.

National Human Trafficking Hotline: 1-888-373-7888 (confidential, multilingual, available 24/7).

OSHA Safety Concerns: 1-800-321-6742 for unsafe working conditions.

U.S. Department of State J-1 Visa Emergency Hotline: 1-866-283-9090.

7. Your Responsibilities

Follow all U.S. laws and program rules.

Keep your passport, visa, and DS-2019 valid and up to date.

Communicate regularly with your sponsor about any issues.

Maintain your health insurance throughout your stay.

✅ Key Takeaway: J-1 visa holders are protected by U.S. labor, housing, and safety laws, just like American workers and residents.

If you experience abuse, unsafe conditions, or exploitation, you have the right to report it without fear of retaliation.

Your cultural exchange program is meant to be a safe, enriching experience, and U.S. law supports and safeguards your rights throughout your stay.