J1 Visa

Frequently Asked Questions & Answers

1. What is the J-1 visa?

The J-1 visa encompasses a nonimmigrant visa category which allows foreign nationals to enter the U.S. to participate in a wide range of exchange programs to promote the sharing of knowledge and skills in education, arts and sciences.

There are currently over 10 categories of J-1 Programs. Some allow individuals to study in the U.S. (similar to the F-1), others allow individuals to receive training in the U.S. and some allow young people from all over the world the opportunity to work and/or travel in the U.S.

The J-1 programs which allow for study and research opportunities in the U.S. include: College and University Student, Research Scholar, Professor, Secondary School Student, and Short-Term Scholar.

The J-1 programs which allow individuals to train or gain experience in the U.S. include: Physician, Trainee, Intern and Teacher.

The J-1 programs which allow young people to come to the U.S. to work or travel and experience the U.S. culture include: Au Pair, Camp Counselor, and Summer Work Travel.

The U.S. Government has also initiated new programs to encourage research and innovation within STEM through their STEM Initiatives.


2. Who is eligible for a J-1 visa?

Eligibility for the J-1 varies widely depending on the J-1 program. For example,

Students at the secondary school (high school) or above academic levels are eligible for the J-1 through the Secondary School Student, College and University Student Program or Scholar/Short-Term Scholar programs

Professionals are eligible for the J-1 Trainee program to obtain on-the-job training with firms, institutions, and agencies if they have a post-secondary school certificate (at least 2 year program) and 1 year of experience abroad or 5 years of experience abroad

Teachers at the primary, secondary, and specialized school level with at least a Bachelor’s degree are eligible for the J-1 Teacher Program

Professors and/or researchers coming to teach or do research at institutions of higher learning are eligible for the J-1 Professor and Research Scholar Program

Physicians who are coming to the U.S. to complete residencies and/or fellowships in the U.S. are eligible for the Physician J-1

International visitors coming for the purpose of travel, observation, consultation, research, training, sharing, or demonstrating specialized knowledge or skills, or participating in organized people-to-people programs

Young people who want to experience U.S. culture and work can participate in the J-1 Au Pair, Summer Camp Counselor or Summer Work Travel Programs.

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3. What privileges do I enjoy on J-1 visa?

On J-1 visa, you may:

  • Enter the U.S. and participate in exchange visitor program approved by the U.S. Department of State
  • Travel in and out of the U.S. or remain in the U.S. continuously till the completion of your exchange visitor program
  • Apply for dependent J-2 visas for your spouse as well as unmarried dependent children under 21
  • Work legally in the U.S. if work is part of your approved program or if you receive permission to work from the official program sponsor
  • Apply for and receive work permits for accompanying J-2 spouse

4. What are the limitations of J-1 visa?

On J-1 visa, you must:

  • Restrict yourself to studying, working or otherwise participating in the special exchange program for which your visa has been approved
  • If your field of study or training is on the J-1 Skills Lists, you have received government funding from the U.S. or your country of residence/home country or you are in the U.S. to receive medical training, you may be subject to the 212(e) home residency requirement. If you are subject to this requirement, you must return to your home country or country of last residence for at least two years before you are permitted to get a Green Card, obtain an H-1B or L-1 Visa, or change to another nonimmigrant visa status in the U.S.
  • The J-1 visa does not support dual intent, meaning you must maintain a residence in your home country to which you intend on returning.

5. How long can I stay in the U.S. on J-1 visa?

When you enter the U.S. on the J-1 visa, you are admitted for “duration of stay”. Your stay in the U.S. is dictated by the length of the J-1 exchange program. For those admitted on a J-1, status is governed by the Form DS-2019, which is issued by the designated J-1 Sponsor for your J-1 program.

The holder of an exchange visitor J-1 visa may enter the U.S. up to 30 days before the designated start date on the DS-2019 and remain for up to 30 days following the completion of the program.


6. Can I extend my stay on J-1 visa?

Unlike other types of nonimmigrant visas, an extension of J-1 status, if you’re eligible, is done through the extension of the DS-2019. A Form I-539 is not required.

However, a J-1 extension is not possible for all J-1 categories. You may be eligible to extend your J-1 status if you:

  • Are studying full-time at the school mentioned on your Form DS-2019 and making satisfactory academic progress and have adequate funding
  • The length of the delay was reasonable
  • Have completed your program of study and wish to participate in an Academic Training Program
  • Are participating in an authorized Academic Training program and, within the established time limits, need an extension to finish the program
  • Are a J-1 trainee and you are eligible for additional time to complete training (Trainees are eligible for a maximum of 12 months or 18 months if the training involves management training).
  • Are a J-1 intern and you eligible for additional time to complete the internship (interns have a maximum of 12 months).
  • Are a J-1 scholar, professor or teacher and you are eligible for an extension of time to continue your activities in the U.S. up to a maximum of 5 years
  • Are a J-1 physician and you are eligible for an extension of time up to a maximum of 7 years

7. What is the process to extend or change programs?

The process to extend your J-1 status is dependent on the type of J-1 exchange program in which you are participating. In order to extend your DS-2019, you need to contact your J-1 Program Sponsor.

If you wish to transfer to a new Program Sponsor and remain within the same J-1 Program, the new Program Sponsor will need to process the change, if you are eligible.

You can only change from J-1 exchange category to another category if you can show that the change is necessary due to unusual or exceptional circumstances. The request must be made by the responsible program officer to the Dept. of State with the required fee and supporting justification. Dept. of State must approve the change. If the Dept. of State denies the request for the change, the J-1 exchange visitor will need to return home no later than 30 days after their denial or by the end of their DS-2019, whichever is later.


8. Can I study on J-1 visa?

Yes, you may study while on J-1 visa. However, unless you area J-1 student, your course of study must be incidental to your status.


9. How do I apply for J-1 student visa?

To apply for J-1 visa, the documents required are:

  • Form DS-2019, Certificate of Eligibility for Exchange Visitor Status, obtained from the sponsor of the exchange programs (each dependent spouse and child under 21 must also obtain a Dependent DS-2019)
  • Transcripts and diplomas from previous institutions attended, if applicable
  • Financial evidence showing you have sufficient funds to cover your tuition and/or living expenses if you are coming as a J-1 student or if you will not be receiving a stipend for your J-1 training or intern program. If you are funding the exchange visit out of personal funds, original bank statements and other evidence are the clearest evidence of adequate funds
  • Completed nonimmigrant visa application Form DS-160 with photo (37x37mm and taken within the last six months) for each person applying
  • Signed passport valid for at least six months after your proposed date of entry into the U.S.

10. Where do I apply for a J-1 visa?

You may submit your J-1 visa application to:

  • A U.S. Consulate or Embassy in your country of residence or home country
  • US Citizenship & Immigration Services if you are in the U.S. in valid nonimmigrant status and wish to file for change of status.

11. What is the processing time for J-1 visa?

The processing time for a J-1 visa will depend on consular wait times which will vary depending on the U.S. consulate. J-1 and F-1 visas are generally prioritized for visa processing so as to ensure students and exchange visitors reach the U.S. in time for the beginning of the program of study or exchange visa program.


12. Can I change status while in J-1 status?

Those in J-1 status can generally file for change of status or adjustment of status to the green card in the U.S. unless they are subject to the 2 year home residence requirement of Section 212(e) of the Immigration Nationality Act.

Under the 2 year home residence requirement, you must return home or to your country of last residence for 2 full years after the completion of the J-1 program. You will be subject to the home residency requirement if your field of study, work or training is on the J-1 Skills Lists, you have received government funding from the U.S. or your country of residence/home country or you are in the U.S. to receive medical training as a physician.

Those subject to this requirement must return to their home country or country of last residence for at least two years before being get a Green Card or obtain an H-1B or L-1 Visa. They are also restricted from filing for change of status to another nonimmigrant visa status in the U.S.

Although change of status is restricted for those subject to the 2 year home residency requirement, you may leave the country and apply for most types of visas and return to the U.S. to work or study in nonimmigrant status except for the H-1B, L-1, or K visas.


13. Can I apply for Green Card while on J-1 visa?

You may apply for an immigrant status in the U.S. through the following options if you are not subject to the 2 year home residency requirement or HRR:

  1. Family Based Immigration: If you have close relatives who are U.S. citizens or U.S. permanent residents, the relatives may file an immigration petition for you as the beneficiary.
  2. Employment Based Immigration(Labor Certification): You may find an employer who is willing to file a Labor Certificate for you with the DOL.
  3. EB-1: You may also file an immigration petition based on the classification of ‘Alien of Extraordinary Ability’ – EB-1(A) or ‘Outstanding Professor/Researcher’ – EB-1(B)
  4. National Interest Waiver: You may also file an immigration petition through a ‘National Interest Waiver’ (NIW). National interest waivers are available to foreign nationals who are seeking work in a profession and who have an advanced degree (or equivalent experience) or can prove themselves as ‘aliens of exceptional ability’.

Note: If you are subject to the HRR you must get a waiver before applying for immigrant status or have completed 2 years of residence in your home country.


14. Can I bring my dependents on J-1 visa?

Yes, you may bring your spouse and unmarried children under the age of 21 on J-2 dependent visa.


15. Can my dependents work on J-2 visas?

Yes, your dependent spouse may work in the U.S. while in J-2 status. They must apply for an Employment Authorization Document by filing Form I-765 and cannot begin working until the EAD is approved. They must also confirm that they are not working to support you or your family financially.


16. Can my dependents study on J-1 visa?

Yes, your dependents may study on J-1 visa. They don’t have to apply for a separate student visa.


17. Are there any travel restrictions on J-1 visa?

No, there are no travel restrictions on J-1 visa. You may plan with your employer and travel out of the U.S. any number of times while on valid J-1 visa.


18. Does receiving J-1 visa affect my chances of getting other visas?

As long as a J-1 exchange visitor abide by all the terms of the J-1 visa, they should not be precluded from applying for other visa types. Please bear in mind that exchange visitors are expected to return to their home countries at the conclusion of their program, according to the J-1 visa regulations. For some individuals, a two year home residency may be required.


19. Is health insurance a requirement for J-1 exchange visitors?

Yes, the Department of State requires all J-1 exchange visitors and their J-2 dependents to have health insurance in order to stay in the U.S.


20. What is the grace period for a J-1 visa?

As a J-1 exchange visitor, you are permitted to remain in the country up to 30 days past the end date of your Form DS-2019. The 30-day grace period allows you time for tourism and getting ready to leave the country. You do not have work authorization during this time. If you require additional time to complete your exchange program, you may request an extension of your DS-2019, if eligible, before your grace period begins.


21. I am a J-1 student. How long can I participate in practical training upon completion of my degree program?

J-1 students have the benefit of “Academic Training” or “AT” to apply the knowledge and skills they had gained during their academic program.

The length of time varies depending on the degree awarded. If you have received your baccalaureate/ master’s degree you may enter a training program for a maximum period of 18 months or the length of the degree program, whichever is shorter, while post-doctoral individuals can receive practical training for a maximum period of 36 months.  Students in STEM fields at the bachelor’s degree or master’s degree levels may receive a STEM extension of up to 36 months or the length of the degree program, whichever is shorter.


22. Can I do an J-1 Trainee program after completing the J-1 Intern program?

Yes, as long as you have spent 2 years physically outside the U.S. after the completion of the J-1 trainee program. This is different than the 2-year home residency program under 212(e).

In order to be eligible for the J-1 intern program, the J-1 candidate must be currently enrolled in post-secondary education outside the U.S. or have graduated from a post-secondary program outside the U.S. within the past 12 months. A J-1 intern may qualify for a 2nd J-1 internship as long as they continue to qualify .


23. Can I change from J-1 student to J-1 researcher?

Yes, you may change status from J-1 student to J-1 research scholar or professor as long as you have been a J-1 student for less than 6 months. If you were a J-1 student for 6 months or more, you must wait 12 months before becoming eligible to be a J-1 Research scholar/Professor.


24. Can I change from short term J-1 researcher to long-term J-1 researcher?

Yes, you may. However, some sponsors may require you to obtain a new visa and re-enter the U.S. before allowing you to change your J-1 program designation.


25. What is the 'Two-Year Rule' or the Home Residence Requirement for the J-1?

The ‘Two-Year Rule’ or HRR are the common terms used for INA Section 212(e) requirement that certain J-1 exchange visitors must return to their home country/country of last residence and be physically present there for at least two years after the conclusion of their exchange visit.

The aim of the requirement is that you return to your home country to share with your countrymen the knowledge, experience and impressions gained during your stay in the U.S.

Unless USCIS approves a waiver for this requirement, you must depart from the U.S. and live in your country of residence for two years before you are allowed to apply for an immigrant visa, permanent residence, the K-1 or obtain H-1 or L-1 nonimmigrant status.

Those who are subject to the 2 year HRR can obtain visas in other categories, like O-1, F-1 and TN, but they cannot file a change of status from J-1 while in the U.S. unless they have obtained the waiver.

You will be subject to the home residency requirement if your field of study, work or training is on the J-1 Skills Lists, you have received government funding from the U.S. or your country of residence/home country, or you are in the U.S. to receive medical training as a physician. The Consular Officer will place a notation on the J-1 visa if the 2 year rule applies.


26. How do I waive the J-1 212(e) 2-year home residency requirement?

You may be able to obtain a J-1 waiver of the 212(e) home residency requirement, and thus be eligible to apply for change of status, a green card or obtain an H-1B or L-1 visa.

Some waivers of the home residency requirement are primarily adjudicated by the Department of State’s Waiver Review Division while others are adjudicated by both the Dept. of State and USCIS.

The different types of J-1 waivers include:

1. ‘No Objection’ Statement: The foreign residency requirement may be waived provided your home country’s government issues a ‘no objection’ letter to the U.S. State Department indicating that it does not object to the waiver grant. Once the Dept. of State recommends the waiver, USCIS will issue the Form I-612 Approval Notice affirming the approval of the J-1 Waiver.Exception: An No Objection waiver is not available to medical residents/interns who received medical training in the U.S..Additionally, the Dept. of State Waiver Review Division (DOS-WRD) is also unlikely to recommend a waiver if there was U.S. government funding for the J-1 program.

2. Interested Government Agency Request (IGA): An IGA may request that the U.S. State Department waive the Foreign Residency Requirement. Both the U.S. State Department and USCIS must agree to grant the waiver.

3. Persecution: If you can establish that you will suffer persecution upon return to your home country, either by the government or a group that the government is unable to or unwilling to control, the foreign residency requirement can be waived. The threat of persecution needs to be based on:

a. Race

b. Religion

c. Political Opinion

The Form I-612 must be submitted to USCIS with evidence that the applicant will be persecuted. If USCIS determines that the applicant will be subject to persecution, they will forward their findings to the DOS-WRD, which can choose to recommend an approval of the waiver based on program and policy aspects of the case. USCIS will approve (or deny) the I-612 upon conferring with the DOS-WRD

4. Hardship: If you can establish that complying with the home residency requirement will impose exceptional hardship on your US citizen or lawful permanent resident spouse and/or child, the foreign residency requirement can be waived.

The Form I-612 must be submitted to USCIS with evidence that the spouse and/or child will be subject to exceptional hardship if

The Spouse and/or Child have to relocate to the applicant’s home country or country of last residence and

The Spouse and/or Child have to be separated from the applicant if they are return to their home country or country of last residence to comply with the 2 year home residency requirement.

If USCIS determines that the spouse and/or child will suffer exceptional hardship, they will forward their findings to the DOS-WRD, which can choose to recommend an approval of the waiver based on program and policy aspects of the case. USCIS will approve (or deny) the I-612 upon conferring with the DOS-WRD

5. Designated State Health Agency Request: A designated State Health Agency or its equivalent may request a waiver on behalf of medical doctors who have been offered a full-time job with a health care facility serving an area with a shortage of medical professionals. In order to qualify for the waiver, the person must agree in writing to work at the facility for forty hours per week, for a minimum of three years and must begin work at the health care facility within ninety days of the waiver approval.

Note: Even if subject to the two year rule, you may still qualify for the issuance of a tourist visa, or any other nonimmigrant visa except for those noted above.


27. What are my chances of obtaining a J-1 visa waiver?

Obtaining a J-1 waiver varies for every individual and depends on the category of the waiver. Every case needs to be determined on its own merits. It is impossible to predict whether your J-1 waiver request will be granted. However, a well-prepared application along with strong supporting documentation will always improve your chances.


28. Can I self-petition for a J-1 visa waiver?

Yes, as All J-1 waiver categories except the IGA Waiver are essentially self-petitions.

While the No Objection Waiver and Foreign Medical Graduate waiver programs do involve the engagement and input of other agencies, most J-1 waiver applications begin with your submission of a Waive Review application to the Dept. of State and/or a Form I-612 application with USCIS.


29. When should I start the No Objection Process for J-1 waiver and how long does it take?

Each home country has a different policy regarding when to initiate the No Objection Statement (NOS) Process. The period of the No Objection process depends on your home country. Some countries process the letter quickly and provide you with a response in a few months, others require up to six months or for a No Objection determination.

For shorter term programs like the J-1 Intern or J-1 Trainee where extensions are not possible, it may be prudent to begin the process of obtaining the NOS at least 6-8 months before the expiration of your J-1 period if you wish to obtain the waiver and change status in the U.S.

For longer term programs which allow for multi-year extensions, you need to carefully time when your application for NOS will be submitted. Once the waiver is granted, you will not be able to extend your DS-2019/J-1 status. Extending your J-1 after the waiver is granted may cause your 2 year home residency requirement to be reinstated.


30. How can I obtain a No Objection statement and where should I forward it?

In order to obtain a NOS Waiver, you must first submit a request to obtain a J-1 Waiver Number from the Dept. of State’s Waiver Review Division. Once the application and fee have been submitted to the DOS-WRD, your consulate obtain the NOS from your home country. You must engage with the your country’s primary embassy in the U.S. The NOS must be sent directly from the Embassy to the DOS-WRD.


31. Can I change from short term J-1 researcher to long-term J-1 researcher?

Yes, you may. However, some sponsors may require you to obtain a new visa and re-enter the U.S. before allowing you to change your status.


32. If I am unable to obtain a No Objection statement for J-1 waiver from my former country of residence, what can I do?

If you are unable to obtain an NOS, you will need to apply through one of the remaining J-1 waiver categories. If none of the other J-1 waiver paths applies to your situation, you must return home to fulfill the foreign residence requirement.

Remember. If you are subject to the 2 year HRR, you can still obtain visas in categories like O-1, F-1 and TN, but you cannot file a change of status from J-1 while in the U.S.

Note: Those in working or studying in the U.S. in these other visa categories and who are continuing to maintain a residence abroad may be able to accumulate time towards completion of the 2 year home residency requirement every time they return home.


33. Can I apply for a NOS J-1 waiver if I am a foreign medical graduate?

No, foreign medical graduates sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG) to do their clinical training in the U.S. cannot apply for a waiver based on a No Objection statement.


34. When do I know that the No Objection statement is received?

You can check the status of your J-1 Waiver on Dept. of State’s website. By entering your Waiver Review Number, you can see if the DOS-WRD has received the NOS from your embassy. You can also ask the embassy from which you requested the No Objection statement if it has been sent to the Waiver Review Division.


35. In a situation when my application for "no objection" statement is denied, will it be reconsidered?

No, J1 waiver applications are exhaustively considered, and it is the policy of the Waiver Review Division not to reconsider No Objection statement applications once a final determination has been made. You may, however, reapply using another statutory basis for waiver should another one apply to your situation.


36. What is a J-1 Interested Government Agency waiver?

An IGA Waiver is obtained through sponsorship of an Interested Government Agency (IGA). Generally, the potential sponsoring IGA is a U.S. government agency that financially supports your program or has a strong interest in your area of research or study. An effective way to identify an IGA is to trace your program funding.


37. When is a good time to begin an IGA waiver for J-1?

Timing is very important for IGA Waivers. Usually, an IGA waiver is initiated towards the latter stage of the individual’s program. For example, a J visiting researcher or professor program may be extended for three or more years. In this example, the IGA Waiver should be initiated at the end of year two.


38. Why should I wait until the latter stages of the program to begin IGA Waiver for J-1?

There are three reasons for this:

a. Basis for your IGA is your claim that you are an important part of the research program and your anticipated absence, due to the limited duration of the J-1 program, will jeopardize the research project

b. Some time is necessary for you to publish articles that is necessary supporting evidence for your application

c. You may need time to become acquainted with your project colleagues who will be writing recommendation letters on your behalf


39. How long does an IGA waiver take?

You must first obtain a case number from the DOS-WRD through their online case creation process. The amount of time required to obtain the IGA recommendations depends on each particular IGA. After the IGA recommendations are received, the State Department then reviews the case. The State Department then forwards its recommendation to USCIS. USCIS will issue the Form I-612 Approval Notice upon notification from the DOS.


40. What should I do if my time to process an IGA Waiver or No Objection Letter has run out?

You can try to request your program sponsor to extend your program to the maximum program duration, if eligible. If you are about to reach the maximum duration period, you should consider an F-1 program and obtain USCIS Form I-20, Certificate of Eligibility for Nonimmigrant Student Status. In the alternative, you may try other work visa alternatives like the O-1 or TN.


41. What are the U.S. government agencies who can apply for the waiver on behalf of the J-1 exchange visitors?

The following U.S. government agencies may apply for J-1 waiver:

Department of Education for teachers/professors

Department of Health and Human Services for medical researchers, pharmacy research, pediatrics/endocrinology researchers

U.S. Department of Agriculture for workers in the fields of agricultural economics, food processing, animal science, agronomy, agricultural and comparative pathology fields

Department of Energy for physicists working in the fields of mineral/metallurgical engineering, nuclear engineering, treatment and disposal of radioactive wastes

Department of Defense for workers in the fields of computers, economics or electrical engineering

National Aeronautics and Space Administration for workers in air/space fields

Department of Interior for environmental specialists and civil engineers

Department of Transportation for workers in the fields of chemical/civil engineering, aviation

National Science Foundation for physicists, atmospheric earth scientists, economics specialists, and specialists in science education

Environmental Protection Agency for environmental engineers and others


42. What are the requirements for an IGA J-1 visa waiver?

You will require:

  1. A letter from the designated official of the interested U.S. Government agency explaining why:

    a. Granting such a waiver is in the public interest of the U.S.

    b. It would be detrimental to the agency if you return to your home country to fulfill the two-year requirement

  2. All DS-2019 Forms, the data sheet application, and two self-addressed stamped envelopes

43. How do I apply for a J-1 Persecution Waiver?

You must submit the Form I-612 to USCIS with evidence that you will be persecuted if you return to your home country. If USCIS determines that the applicant will be subject to persecution, they will forward their findings to the DOS-WRD, which can choose to recommend or not recommend an approval of the waiver based on program and policy aspects of the case. USCIS will approve (or deny) the I-612 upon conferring with the DOS-WRD

You must establish that you will suffer persecution upon return to your home country, either by the government or a group that the government is unable to or unwilling to control. The threat of persecution needs to be based on:

a. Race

b. Religion

c. Political Opinion

It’s important to note that the standard for the J-1 Persecution Waiver is higher than the persecution standard for asylum applications, where only a credible fear of persecution is required.


44. How do I apply for a J-1 Hardship Waiver?

The Form I-612 must be submitted to USCIS with evidence that your U.S. citizen or lawful permanent resident spouse and/or child will be subject to exceptional hardship if the

  • The Spouse and/or Child have to relocate to the applicant’s home country or country of last residence and
  • The Spouse and/or Child have to be separated from the applicant if they are return to their home country or country of last residence to comply with the 2 year home residency requirement.

If USCIS determines that the spouse and/or child will suffer exceptional hardship, they will forward their findings to the DOS-WRD, which can choose to recommend an approval of the waiver based on program and policy aspects of the case. USCIS will approve (or deny) the I-612 upon conferring with the DOS-WRD


45. Can I apply for a J-1 waiver based on my twin fear of persecution and the exceptional hardship that could be faced by my family on my returning to the home country?

No, applications for a Persecution Waiver and Hardship Waivers should be submitted separately. While a Hardship Waiver application can have elements of a persecution waiver if persecution or fear of persecution is creating the exceptional hardship for your spouse or child, an application for a Persecution Waiver should focus on the persecution itself.


46. How do I check on the status of my Form I-612 J-1 Hardship or J-1 Persecution Waiver?

You can check the status of your Form I-612 through VisaPro’s free portal or on USCIS’s website.

You can also check the status of the DOS-WRD recommendation on their website.

Until you hear from USCIS, the status of your case is considered ‘open’. You should make whatever plans you need to make regarding your work, life in the U.S. or return to your home country on the assumption that you will not be recommended for a waiver.


47. On behalf of the foreign medical graduates, what are the government agencies who can apply for the waiver?

Technically, any federal agency may recommend or request a waiver for a physician as an Interested Government Agency. However, the following government agencies have active J-1 programs (this list is subject to change):

  • State departments of health that participate in the Conrad State 30 program
  • Department of Veterans Affairs
  • Dept. of Health and Human Services
  • Northern Border Regional Commission
  • Southeast Crescent Regional Commission
  • Appalachian Regional Commission
  • Delta Regional Authority

48. What is the time taken to arrive at a decision on whether a J-1 waiver will be recommended?

The processing times vary depending on the type of application you have submitted.


49. Do I receive a notification from the Waiver Review Division when my J-1 waiver application is submitted to the USCIS?

Yes, you will receive a copy of the recommendation.


50. Will I be informed about the reason why my J-1 waiver application is denied?

Yes, the Waiver Division will inform you why a favorable recommendation for the J-1 Waiver cannot be made.


51. What are the possible reasons for denial of the J-1 waiver applications?

Applications are denied because the reasons given for requesting the waiver do not outweigh the program and policy considerations of the exchange visitor program. It is for this reason that No Objection applications in Fulbright/USAID funded programs are generally denied.


52. What is the process followed by the Waiver Review Division on the status of appeals on denials and unfavorable recommendations of a J-1 waiver?

There is an internal agency review process but there is no formal appeal process for the applicant. However, you may be eligible to reapply based on another statutory ground. For example, if the first application was based on a No Objection statement from your home country, you can reapply based on:

  • An interested U.S. Government agency (IGA) request
  • Claim of exceptional hardship to a U.S. citizen or legal permanent resident spouse or child
  • Fear of persecution if you are required to return to your home country

53. Can I request a reconsideration of my J1 visa waiver application based on new evidence?

Yes, you will need to apply again from the beginning for a waiver recommendation. You can use this new information to support your reapplication. If your application is still pending with the Waiver Review Division and you have not received a final determination yet, you should send the information on to the Waiver Review Division.

Note: Please remember to write your waiver case number on any documentation you send and on the outside of the envelope.


54. Can I ask for reconsideration, if my application for the exceptional hardship is denied by the USCIS?

Yes, requests to reopen or reconsider an exceptional hardship application are made through USCIS. If USCIS determines the new information or legal analysis warrants a reopening of the case, USCIS will forward that information to the DOS for its consideration.


55. Can I ask for reconsideration, if my J-1 waiver application based on fear of persecution is denied by the USCIS?

Yes, requests to reopen or reconsider persecution applications are made through USCIS. If USCIS determines the new information or legal analysis warrants a reopening of the case, USCIS will forward that information to the DOS for its consideration.


56. For a J-1 waiver recommendation case, what is the significance of an advisory opinion?

An advisory opinion is a request for a statement from the Waiver Review Division as to whether an exchange visitor is subject to Section 212(e) of the Immigration and Nationality Act, as amended. An Advisory Opinion can be sought if it is unclear if or why a person is subject to the 2 year home residency requirement.


57. What is the appropriate time for me to seek an advisory opinion for J visa waiver recommendation?

You should only request an advisory opinion after you have participated in a J-1 program and you have doubts whether you are or are not subject to Section 212(e) of the Immigration and Naturalization Act.


58. Can anyone else request an advisory opinion for J-1 waiver recommendation on my behalf?

Yes, your attorney or your responsible/alternate officer may request an advisory opinion for you.


59. What information should I provide in my request for an advisory opinion for J-1 waiver recommendation?

You should mail legible copies of all your Form DS-2019, Certificate of Eligibility, along with the written request for an advisory opinion. USCIS does not recommend sending your request by fax because forms frequently become illegible during the fax process.


60. What is the J-1 Exchange Visitor's Skills List?

The Exchange Visitory Skills List is essentially a master list of the occupations and fields of specialized knowledge and skills. If your country of residence or citizenship and your skill (as listed on the DS-2019) is on the list, you will be subject to the 2 year home residency requirement upon you entry to the U.S.

The list was most recently updated in December 2024.


61. How do I know about my case number for J-1 application?

The case number is assigned once you have submitted the J-1 Online Application.  Once submitted, you will receive a packet which will explain the procedures and documentation necessary for your waiver review request. If there were prior applications, the case number remains the same no matter how long the case history becomes.


62. Are the eligibility requirements the same for the F-1 and J-1 student categories?

No, to be eligible for J-1 student status, you must have funding, at least at first that comes substantially from any source other than personal or family funds, in the words of the regulation. Otherwise, to be eligible for J-1 status, you must participate in an exchange program formally established by a written agreement between governments, or between the University and a foreign government or institution. Thus if your funding comes from your own resources or from your family, and you will not be participating in an exchange program, you will be ineligible for J-1 status, and will have no choice but to come as an F-1.


63. Can I change my status, from F-1 to J-1, or from J-1 to F-1, after my arrival in the U.S.?

Probably not. Some changes are prohibited by regulations, and others are possible only in very special circumstances. As an alternative to changing inside the U.S., it is sometimes possible to go home, obtain a new visa stamp in the other category, and reenter in the new status. Even if you go all the way home, though, the consulate may refuse to give you the category of visa that you want.


64. As a J-1 exchange visitor, how do I get an extension for the 30-day grace period?

The 30-day grace period cannot be extended.


65. Which status is recommended, F-1 or J-1?

No recommendations are made. Most Universities will follow your preference as long as you are eligible. Additionally, some university programs will require you to do the J-1.


66. Will both the F-1 and the J-1 categories give me enough time to finish my degree program?

Both categories will allow you to remain in the U.S. for as long as your academic program requires, provided that you maintain full-time registration in that program, and, if necessary, that you apply for extensions before the date of expected completion shown on your visa document. Note, however, that if you hold J-1 status from an agency rather than from the University itself, that agency will have full authority to impose time limits.


67. Which status, F-1 or J-1, will make it easier for me to get work permission in the U.S.?

The procedures to obtain work permission are quite different, but the employment privileges of F-1 and J-1 students are very similar:

  • Both can work on-campus up to 20 hours a week when classes are in session at jobs that are related to study
  • Both can work off-campus, part time, in jobs unrelated to the field of study. In practice, however, that kind of work authorization is severely restricted and very rare
  • Both are eligible for off-campus employment in the field of study. For F-1 students this means up to 12 months of practical training, for J-1s up to 18 months of academic training
  • Both F-1 optional practical training (OPT) and J-1 academic training (AT)are available for up to 20 hours a week when classes are in session, but may be full-time during breaks and during the annual vacation
  • An important difference: F-1 students do not become eligible for practical training until they have studied full-time for an academic year. J-1 students face no delay, but you may work only as long as you have studied
  • Both are eligible for off-campus employment in the field of study. For F-1 students this means up to 12 months of practical training, for J-1s up to 18 months of academic training

Note: After completion of a course of study lasting an academic year or longer, F-1 students are eligible for any unused portion of the 12 months of PT, and J-1 students may use the remainder of their AT, either 18 months or the length of full time study, whichever is shorter.


68. Will there be a difference in my obligations as an F-1 that I would not have as a J-1, or as a J-1 that I would not have as an F-1?

Yes, please keep in mind the following:

  • Tax: Your tax obligations to the U.S. government would not be affected by your choice of F-1 or J-1
  • Health Insurance: Differences in health insurance requirements will not affect you if you have no dependents, and if you buy the University student health insurance
  • Two-year home residency requirement: Some J-1s are subject to a requirement that they spend two years in the home country before they become eligible for immigrant status in the U.S., or for long-term employment as a nonimmigrant. This is not applied to F-1 students.

69. What are the US J-1 visa health insurance requirements?

Insurance Requirements for Exchange Visitors Minimum coverage shall provide:

1. Medical benefits of at least $100,000 per accident or illness

2. Repatriation of remains in the amount of $25,000

3. Expenses associated with the medical evacuation of the exchange visitor to his/her home country in the amount of $50,000 and

4. A deductible not to exceed $500 per accident or illness. An insurance policy secured to fulfill the requirements of this section

a. May require a waiting period for pre-existing conditions which is reasonable as determined by current industry standards

b. May include provision for Co-insurance under the terms of which the exchange visitor may be required to pay no more than 25% of the covered benefits per accident or illness

c. Shall not unreasonably exclude coverage for perils inherent to the activities of the exchange program in which the exchange visitor participates. Any insurance policy secured to fulfill the above requirements must, at a minimum, be underwritten by an insurance corporation having an:

  • A.M. Best rating of A- or above
  • McGraw Hill Financial/Standard & Poor’s Claims- paying Ability rating of ‘A- or above
  • Weiss Research, Inc. rating of ‘‘B+’’ or above
  • Fitch Ratings, Inc. rating of ‘‘A-’’ or above
  • Moody’s Investor Services rating of ‘‘A3’’ or above.

d. Backed by the full faith and credit of any of the following:

  • The government of your home country
  • Part of a health benefits program offered on a group basis to employees
  • Enrolled students by a designated sponsor
  • Offered through or underwritten by a federally qualified Health Maintenance Organization (HMO) or eligible Competitive Medical Plan (CMP) as determined by the Health Care Financing Administration of the U.S. Department of Health and Human Services

70. If I am unsure whether my insurance for J-1 meets USIA requirements, how can I find out?

Ask your insurance provider for assurance in writing.


71. Is the Student and Exchange Visitor Information System (SEVIS) applicable for J-2 visa?

Yes, the SEVIS is applicable to J-2 Visa holders. This system monitors the status of persons who enter the U.S. with an F, M or J visa. In order for students/exchange visitors and their dependents to qualify for an F, M or J visa, the school or exchange program in the U.S. must issue a Certificate of Student Status (I-20) or Certificate of Exchange Visitor Status (DS-2019) on a SEVIS-generated form and must register each person on the SEVIS website. Each applicant must submit a SEVIS-generated I-20 or DS-2019 with a unique barcode number and must be listed on the SEVIS website.


72. What is the relationship between a J-1 visa and an O-1 visa?

There is no direct relationship between a J-1 visa and an O-1 visa. While on J-1 status, if you are not able to obtain a J-1 waiver before your maximum term expires, your employer may apply for an O-1 visa on your behalf and you may go abroad to obtain an O-1 visa.