Michael Cho | Immigration & Waivers Lawyer - I601, I-601A, I212, 212d3, Fiance Visa, H1B, Investor Visa Free Immigration Consultation
  Free Immigration Consultation

J-1 Exchange Visitors

Overview

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Exchange visitor (J-1) visas are nonimmigrant visas for individuals approved to participate in exchange visitor programs in the United States.

 

Exchange Visitor Categories
Au pair and EduCare Short-term Scholar
Camp Counselor Specialist
Government Visitor Student, college/university
Intern Student, secondary
International Visitor (Dept. of State use) Summer Work Travel
Physician Teacher
Professor and Research Scholar Trainee

 

Exchange Visitor Pilot Programs

Summer work/travel: Australians
Summer work/travel: New Zealanders
Intern work/travel: Irish
Work/English Study/Travel: South Koreans


Exchange Visitors cannot travel on the Visa Waiver Program or with Visitor Visas

Exchange visitors who are citizens of Visa Waiver Program (VWP) participating countries are not permitted to travel without a visa on the VWP, if their purpose of travel is to participate in an exchange visitor program, as explained below. For more information on the VWP, see Visa Waiver Program. Exchange visitors are not permitted to travel on business/tourist (B1/B2) visas if their purpose is to participate in an exchange visitor program. All exchange visitors must travel to the United States with exchange visitor (J-1) visas.

Acceptance in Exchange Visitor Program

Before you can apply at a U.S. embassy or consulate for a J-1 visa, you must first apply for and be accepted into an exchange visitor program through a designated sponsoring organization. Visit the Department of State J-1 Visa Exchange Visitor Program website to learn about program requirements, regulations, and more.

When you are accepted into the exchange visitor program you plan to participate in, you will be enrolled in the Student and Exchange Visitor Information System (SEVIS). Most J-1 Exchange Visitors must pay the SEVIS I-901 Fee. (If the J-1 exchange visitor program you will participate in allows you to bring your spouse and/or children, they are not required to pay this fee.) Your program sponsor will provide you with a Form DS-2019 to present when you attend your visa interview. If your program allows your spouse and children to participate with you, they will be issued their own Form DS 2019 in order to apply for J-2 visas to accompany you. Visit the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) website to learn more about SEVIS and the SEVIS I-901 Fee.

How to Apply

There are several steps to apply for a visa. The order of these steps and how you complete them may vary at the U.S. embassy or consulate where you apply. Please consult the instructions available on the embassy or consulate websitewhere you will apply.

Complete the Online Visa Application

  • Online Nonimmigrant Visa Application, Form DS-160 – Learn more about completing the DS-160. You must: 1) complete the online visa application and 2) print the application form confirmation page to bring to your interview.
  • Photo - You will upload your photo while completing the online Form DS-160. Your photo must be in the format explained in the Photograph Requirements.

Schedule an Interview

While interviews are generally not required for applicants of certain ages outlined above, consular officers have the discretion to require an interview of any applicant, regardless of age.

If you are age: Than an interview is:
13 and younger Generally not required
14-79 Required (some exceptions for renewals)
80 and older Generally not required

You must schedule an appointment for your visa interview, generally, at the U.S. embassy or consulate in the country where you live. You may schedule your interview at any U.S. embassy or consulate, but be aware that it may be difficult to qualify for a visa outside of your place of permanent residence.

Wait times for interview appointments vary by location, season, and visa category, so you should apply for your visa early. Review the interview wait timefor the location where you will apply.

Prepare for Your Interview

  • Fees - Pay the non-refundable visa application fee, if you are required to pay it before your interview. For current fees for Department of State government services select Fees. When your visa is approved, you may also pay a visa issuance reciprocity fee, if applicable to your nationality. Please review the Visa Reciprocity Tables to find out if you must pay a visa issuance fee.
  • Review the instructions available on the website of the embassy or consulatewhere you will apply to learn more about fee payment.
  • Note: U.S. Government sponsored exchange visitor (J visa) applicants and their dependents are not required to pay application processing fees if participating in a Department of State, a U.S. Agency for International Development (USAID), or a Federally funded educational and cultural exchange program which has a program serial number beginning with G-1, G-2, G-3, or G-7 printed on Form DS-2019, Certificate of Eligibility for Exchange Visitor Status. U.S. Government sponsored exchange visitor (J visa) applicants and their dependents are also not required to pay applicable issuance fees.

Gather Required Documentation

Gather and prepare the following required documents before your visa interview:

  • Passport valid for travel to the U.S. - Your passport must be valid for at least six months beyond your period of stay in the U.S. (unless exempt by country-specific agreements). If more than one person is included in your passport, each person who needs a visa must submit a separate application.
  • Nonimmigrant Visa Application, Form DS-160 confirmation page Application fee payment receipt, if you are required to pay before your interview
  • Photo – You will upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in the format explained in the Photograph Requirements.
  • Certificate of Eligibility for Exchange Visitor Status, Form DS-2019 – A SEVIS-generated Form DS-2019 is provided to you by your program sponsor after the sponsor enters your information in the SEVIS system. All exchange visitors, including their spouses and minor children, must be registered in the Student and Exchange Visitor Information System (SEVIS). Each person receives a separate Form DS-2019.
  • Training/Internship Placement Plan, Form DS-7002 – In addition to the Form DS 2019, participants in the J-1 Trainee and Intern categories require Form DS 7002 (based on Box 7 on Form DS-2019). Learn more about the Trainee andIntern programs.

Legal Rights and Protections

You must read the Legal Rights and Protections pamphlet to learn about your rights in the United States and protection available to you. Review this important pamphlet before applying for your visa.

Additional Documentation May Be Required

Review the instructions for how to apply for a visa on the website of the embassy or consulate where you will apply. Additional documents may be requested to establish if you are qualified. For example, additional requested documents may include evidence of:

  • The purpose of your travel;
  • Your intent to depart the U.S. after your travel;
  • Your ability to pay all travel costs; and/or
  • Other documents the consular officer may request.

Evidence of your employment and/or your family ties may be sufficient to show the purpose of your travel and your intent to return to your home country. If you cannot cover all the costs for your travel, you may show evidence that another person will cover some or all costs for your travel.

Attend Your Visa Interview

During your visa interview, a consular officer will determine whether you are qualified to receive a visa, and if so, which visa category is appropriate based on your purpose of travel. You will need to establish that you meet the requirements under U.S. law to receive the category of visa for which you are applying.

Ink-free, digital fingerprint scans will be taken as part of your application process. They are usually taken during your interview, but this varies based on location.

After your visa interview, your application may require further administrative processing. You will be informed by the consular officer if further processing is necessary for your application.

When the visa is approved, you may pay a visa issuance fee if applicable to your nationality, and will be informed how your passport with visa will be returned to you. Review the visa processing time, to learn how soon your passport with visa will generally be ready for pick-up or delivery by the courier.

Two-year Home-Country Physical Presence Requirement

When you agree to participate in an Exchange Visitor Program and your program falls under the conditions explained below, you will be subject to the two-year home-country physical presence (foreign residence) requirement. This means you will be required to return to your home country for two years at the end of your exchange visitor program. This requirement under immigration law is based on Section 212(e) of the Immigration and Nationality Act.

Two-year Home-country Physical Presence Requirement Conditions - An exchange visitor is subject to the two-year home country physical presence requirement if the following conditions exist:

  • Government funded exchange program - The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the U.S. government or the government of the exchange visitor's nationality or last residence;
  • Graduate medical education or training - The exchange visitor entered the U.S. to receive graduate medical education or training;
  • Specialized knowledge or skill: Skills List - The exchange visitor is a national or permanent resident of a country which has deemed the field of specialized knowledge or skill necessary to the development of the country, as shown on the Exchange Visitor Skills List. Review the Exchange Visitor Skills List 2009.

Restrictions - When you, as an exchange visitor are subject to the two-year home-country physical presence requirement, you must return to your home country for a cumulative total period of at least two years before you can do any of the following:

  • Change status while in the U.S. to the nonimmigrant categories of temporary worker (H) or intracompany transferee (L);
  • Adjust status while in the U.S. to immigrant visa/lawful permanent resident status (LPR);
  • Receive an immigrant visa at a U.S. embassy or consulate; or
  • Receive a temporary worker (H), intracompany transferee (L), or fiancé (K) visa at a U.S. embassy or consulate.

Waiver of Two Year Home-Country Physical Presence Requirement - If you are not able to fulfill the home country presence requirement, you may be able to apply for a waiver. Select Waiver of the Exchange Visitor Two-Year Home-Country Physical Presence Requirement to learn more about this requirement and how to request a waiver.

Additional Information

  • We cannot guarantee that you will be issued a visa. Do not make final travel plans or buy tickets until you have a visa.
  • For information about employment, review Exchange Visitors and Employment Authorization on the USCIS website.
  • Unless canceled or revoked, a visa is valid until its expiration date. Therefore, a valid U.S. visa in an expired passport is still valid. If you have a valid visa in your expired passport, do not remove it from your expired passport. You may use your valid visa in your expired passport along with a new valid passport for travel and admission to the United States.

Spouse and children

  • Your spouse and unmarried, minor children may be able to apply for J-2 visas to accompany or join you at a later date to reside with you during your J program, depending on the program category. Your sponsor must issue them separate DS-2019 Forms, which are required when they apply for their visas, along with a copy of the primary visa holder’s J-1 visa and proof of relationship.
  • Your minor children are permitted to attend school while in the United States on J-2 visas and are not required to obtain student (F) visas.

Misrepresentation or Fraud

Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States. Review Ineligibilities and Waivers: Laws.

I was refused a visa, under section 214(b). May I reapply?

Yes, if you feel circumstances have changed regarding your application. ReviewVisa Denials to learn more.

Visa Denial and Ineligibility

Review Visa Denials for detailed information about visa ineligibilities. denials, and waivers.

My Visa Has Been Issued - When Can I Travel to the U.S.?

  • DHS regulation requires that all beginning (initial) J exchange visitors, and J-2 spouse and dependents enter the U.S. 30 days or less in advance of the applicant's program start date as shown on the Form DS-2019. The 30-day limitation does not apply to current exchange participants who are returning to continue with their exchange program.
  • If you want an earlier entry in the U.S. (more than 30 days prior to the course start date), you must qualify for, and obtain a visitor visa, as explained below; however, this is strongly discouraged.

Can I Enter on a Visitor Visa (B visa) and Change Status to an Exchange Visitor Program (J visa)?

If you want an earlier entry in the U.S. (more than 30 days prior to the course start date), you must qualify for, and obtain a visitor visa; however, this is strongly discouraged. If you travel to the U.S. on a visitor visa, before beginning an exchange program, you must obtain a change of visa classification from the B status to that of J. You must file Form I-539, Application for Change of Nonimmigrant Status, with application fee, and also submit the required Form DS-2019 to the DHS office where the application is made. Please be aware that you cannot start your exchange visitor program until the change of status is approved, and therefore in view of the processing time to your change status in the U.S., you may be in danger of missing your entire exchange program waiting approval of change of status.

Can I enter the United States more than 30 days in advance?

Exchange visitors are not permitted to enter the United States earlier than 30 days before their program start dates.

If you want to enter earlier than 30 days, you must qualify for, and obtain, a visitor visa. You would then enter the United States on the visitor visa and apply to the U.S. Citizenship and Immigration Services (USCIS) for a change of status to exchange visitor (J) status. However, this is strongly discouraged because of potentially lengthy processing times with USCIS. You will not be permitted to begin your exchange program until the change of status is approved.

What is an International Cultural Exchange Visitor Q-1 visa?

There are two nonimmigrant visa categories for persons to participate in exchange visitor programs in the United States. The J-1 exchange visitor visa is for educational and cultural exchange programs designated by the Department of State, Bureau of Educational and Cultural Affairs.

The Q-1 visa is for participation in certain international cultural exchange programs. These programs are designed to provide practical training and employment and allow program participants to share the history, culture, and traditions of their home countries in the United States. A person who wants to participate in an international cultural exchange program must be approved in advance by the U.S. Citizenship and Immigration Services (USCIS) on the basis of a petition filed by the U.S. sponsor. Select Q Cultural Exchange Visas to learn more.

Entering the U.S. – Port of Entry

A visa allows a foreign citizen coming from abroad, to travel to the United States port of entry and request permission to enter the U.S. Applicants should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States. If you are allowed to enter the U.S., the CBP official will determine the length of your visit.

Notice: New Electronic I-94 Process - A new electronic I-94 process at air and sea ports of entry was fully implemented by May 25, 2013. Under the new CBP process, a CBP officer will provide each admitted nonimmigrant traveler with an admission stamp on their passport. CBP will no longer issue a paper Form I-94 upon entry to the U.S., with some exceptions. Learn more on the CBP website.  

If you are issued a paper Form I-94, this will document your authorized stay and is the official record of your permission to be in the U.S. It is very important to keep inside your passport. In advance of travel, prospective travelers should review important information about Admissions/Entry requirements, as well as information related to restrictions about bringing foodagricultural products or other restricted/prohibited goods explained on the Department of Homeland Security, Customs and Border Protection website.

How Long Am I Permitted to Stay in the U.S. After My Program Has Ended?

The initial admission of an exchange visitor, spouse and children may not exceed the period specified on Form DS-2019, plus a period of 30 days only for domestic travel and/or to prepare for and depart from the U.S. Visit the Department of State J-1 Visa Exchange Visitor Program website to learn more.

How Do I Extend My Stay?

  • Visitors who wish to stay beyond the date indicated on their admission stamp or paper Form I-94 are required to have approval by USCIS. See Extend Your Stay on the USCIS website.
  • You must depart the United States on or before the date indicated on your admission stamp or paper Form I-94, unless your request to extend your stay is approved by USCIS.
  • Failure to depart the United States on time will result in you being out of status, can void your visa, and may make you ineligible for visas you may apply for in the future. Review Visa DenialsIneligibilities and Waivers: Laws, and section222(g) of the Immigration and Nationality Act to learn more.

How can I find out how long I am authorized to stay in the U.S.?

  • A visa does not guarantee entry into the United States, but allows a foreign citizen coming from abroad, to travel to the United States port of entry and request permission to enter the U.S. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States, and determine how long a traveler may stay. If you are allowed to enter the U.S., the CBP official will determine the length of your visit.

Notice: New Electronic I-94 Process - A new electronic I-94 process at air and sea ports of entry was fully implemented by May 25, 2013. Under the new CBP process, a CBP officer will provide each admitted nonimmigrant traveler with an admission stamp on their passport. CBP will no longer issue a paper Form I-94 upon entry to the U.S., with some exceptions. Learn more on the CBP website. 

On the admission stamp or paper Form I-94, the U.S. immigration inspector records either a date or "D/S" (duration of status). If your admission stamp or paper Form I-94 contains a specific date, then that is the date by which you must leave the United States. If you are issued a paper Form I-94, this will document your authorized stay and is the official record of your permission to be in the U.S. It is very important to keep inside your passport. Review information about Admission on the CBP Website. Also, see Duration of Stay.

I did not turn in my I-94 when I left the United States, what should I do?

If you failed to turn in your paper Form I-94 Arrival/Departure Record, see Department of Homeland Security, Customs and Border Protection website for more information. If you did not receive a paper Form I-94 and your record was created electronically, CBP will record your departure using manifest information obtained from the air or sea carrier. 

Am I subject to the two-year home-country physical presence requirement?

As a current or past exchange visitor (J-1) visa holder, you are subject to the two-year home-country physical presence requirement, also known as the foreign residence requirement under U.S. law, for one or more of the following reasons:

  • Government funded Exchange Program - You participated in an exchange program that was funded in whole or in part by a U.S. Government agency, your home country’s government, or an international organization that received funding from the U.S. Government or your home country’s government.
  • Specialized Knowledge or Skill – You participated in an exchange program involving an area of study or field of specialized knowledge that has been designated as necessary for further development of your home country and appears on the Exchange Visitor Skills List for your home country.
  • Graduate Medical Education/Training - You participated in an exchange program to receive graduate medical education or training.

For information about the specific U.S. laws that created the two-year home-country physical presence requirement, refer to References – U.S. Laws, numbers 1, 2, and 3.

What does being subject to this requirement mean?

You are required to fulfill this requirement by returning to your home country for a cumulative total period of at least two years. You are not prohibited from travelling to the U.S., but until you have fulfilled the two-year home-country physical presence requirement, you are not permitted to do any of the following:

  • Change status while in the U.S. to the nonimmigrant categories of temporary worker (H) or intracompany transferee (L);
  • Adjust status while in the U.S. to immigrant visa/lawful permanent resident status (LPR);
  • Receive an immigrant visa at a U.S. embassy or consulate; or
  • Receive a temporary worker (H), intracompany transferee (L), or fiancé (K)visa.

There is a provision in U.S. law for a waiver of this requirement by the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), when applied for by the former exchange visitor and recommended by the Department of State, Waiver Review Division. Learn more about requesting a waiver.

Does the two-year home-country physical presence requirement apply to me?

Exchange visitors are generally made aware of this requirement when they agree to participate in exchange visitor programs or at their visa interviews.

However, if you are unsure whether this requirement applies to you or your situation, you should request in writing that the Department of State, Waiver Review Division conduct an advisory opinion. An Advisory Opinion is a review of your exchange visitor program documents to determine if you are subject to this requirement. Learn more on the Advisory Opinions webpage.

You may take the survey available on the J Visa Waiver Online webpage. You will need to provide information about yourself and your exchange visitor program in order to complete the survey. IMPORTANT NOTICE: The online survey is not an official determination of whether the two-year requirement applies to you. You must request an Advisory Opinion for an official determination.

I have a spouse and/or children who had J-2 status based on my participation in an exchange visitor program. I am subject to the two-year home-country physical presence requirement. Are they also subject to this requirement?

Yes. Please review further information about dependent spouses and children on the Frequently Asked Questions webpage.

I want to request a waiver of the two-year home-country physical presence requirement from the U.S. Citizenship and Immigration Services (USCIS).

If you are subject to the two-year home-country physical presence requirement, but you are not able to fulfill the requirement, you may apply to the Department of State, Waiver Review Division for a recommendation that USCIS grant a waiver under any one of the five applicable bases set forth in U.S. immigration law. Choose the one basis that you qualify for or applies to your situation.

Five Bases for Recommendation of a Waiver

1. No Objection Statement:

Your home country government may issue a No Objection Statement through its embassy in Washington, DC directly to the Waiver Review Division that it has no objection to you not returning to your home country to satisfy the two-year home-country physical presence requirement and no objection to the possibility of you becoming a lawful permanent resident of the U.S. The No Objection Statement may also be issued by a designated ministry in your home country’s government and sent to the U.S. Chief of Mission, Consular Section at the U.S. Embassy within that country. The U.S. Embassy would then forward it directly to the Waiver Review Division.

Important Notice: U.S. law does not permit foreign medical physicians who acquired exchange visitor (J-1) visa status on or after January 10, 1977, for the purpose of receiving graduate medical education or training to use this option. For more information about the relevant U.S. law, see References – U.S. Laws, number 1.

2. Request by an Interested U.S. Federal Government Agency:

If you are working on a project for or of interest to a U.S. federal government agency, and that agency has determined that your departure for two years to fulfill the two-year home-country physical presence requirement would be detrimental to its interest, that agency may request an Interested Government Agency Waiver on your behalf. The Interested Government Agency request must be signed by the head of the agency or his or her designee and submitted directly to the Waiver Review Division.

Any U.S. federal government agency may request a waiver under this basis.

Important Notice: For Interested Government Agency requests on behalf of foreign physicians who agree to serve in health professional shortage areas or medically underserved areas, please refer to Step 3 of the How to Apply Instructions. For more information about the relevant law, see References – U.S. Laws, number 3.

3. Persecution:

If you believe that you will be persecuted based on your race, religion, or political opinion if you return to your home country, you may apply for a persecution waiver. This waiver basis requires that you submit Form I-612, Application for Waiver of the Foreign Residence Requirement, directly to USCIS. USCIS will forward its decision directly to the Department of State’s Waiver Review Division. The Waiver Review Division will proceed with the waiver recommendation under this basis only if USCIS makes a finding of persecution.

4. Exceptional Hardship to a U.S. citizen (or lawful permanent resident) spouse or child of an exchange visitor:

If you can demonstrate that your departure from the United States would cause exceptional hardship to your U.S. citizen or lawful permanent resident (LPR) spouse or child, you may apply for an exceptional hardship waiver. Please note that mere separation from family is not considered to be sufficient to establish exceptional hardship. This waiver basis requires that you submit Form I-612, Application for Waiver of the Foreign Residence Requirement, directly to USCIS. USCIS will forward its decision directly to the Department of State’s Waiver Review Division. The Waiver Review Division will proceed with the waiver recommendation under this basis only if USCIS makes a finding of exceptional hardship.

5. Request by a designated State Public Health Department or its equivalent (Conrad State 30 Program):

If you are a foreign medical graduate who obtained exchange visitor status to pursue graduate medical training or education, you may request a waiver of the two-year home-country physical presence requirement based on the request of a designated State Public Health Department or its equivalent, if you meet all of the following criteria. This waiver category is also known as the Conrad State 30 Program. You must:

  • have an offer of full-time employment at a health care facility in a designated health care professional shortage area or at a health care facility which serves patients from such a designated area;
  • agree to begin employment at that facility within 90 days of receiving a waiver; and
  • sign a contract to continue working at that health care facility for a total of 40 hours per week and for not less than three years.

Review the listing of State Public Health Departments. Each department is allowed to request 30 such waivers per federal fiscal year. 10 of the 30 requests may be for exchange visitor physicians who will serve at facilities which may not be located within a designated health care professional shortage area but which serve patients who live within such a designated area. The state public health department will forward the Conrad State 30 Program request directly to the Waiver Review Division, if it agrees to sponsor you for such a waiver.

For information about the specific U.S. laws that created this waiver category, refer to References – U.S. Laws, numbers 4 and 5.

References – U.S. Laws

The chart below contains a list of U.S. laws relevant to waivers of the two-year home-country physical presence requirement.

 

Law:

Information about the Law:

1

Section 212(e) of the Immigration and Nationality Act

Under these laws, J visa holders who meet certain criteria are not able to change status to or receive visas in the following categories until they have returned to their home countries for at least 2 years or until they receive waivers from USCIS:  H, L, K, or immigrant lawful permanent resident (LPR).

2

Title 22, Part 40, Section 40.202 of the Code of Federal Regulations

3

Title 22, Part 41, Section 41.63 of the Code of Federal Regulations

4

Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (INTCA) (Public Law 103-416)

This law established the Conrad State 20 Program (later changed to the Conrad State 30 Program).  It allows federal programs to waive the two-year home-country physical presence requirement for foreign physicians, who received J-1 status to pursue graduate medical education/training, in return for at least 3 years of medical service to patients in or from underserved areas.

5

Public Law 112-176

This law extended the Conrad State 30 Program until September 30, 2015.