Program Modifications
Change within “J” Status to another J-1 program category
In general, a change of category represents a change of objective. The only type of category change permitted without prior approval from the Department of State or without exiting and re-entering the country to begin a new program is between professor and research scholar. These activities are “so intertwined” that a change of activity is not considered a change of category necessitating a formal approval.
An exchange visitor who has completed one program and exits the United States may return in a new category or under new program sponsorship at a later time. If eligible, a new DS-2019 form is issued for the new program category and the exchange visitor may follow all procedures for visa application and beginning a new program. The 12-month bar will apply unless the initial program was a short-term scholar category. Also, there are some important exceptions to this rule which may affect reentry in the J-1 Professor/Research Scholar category for those who have participated in a J-1 program for alien physicians and foreign medical graduates.
If an exchange visitor intends to change categories without exiting the US, the US Department of State must authorize a change of category before an RO can issue a DS-2019 for the new category. The criteria and standards for changes of category state the reason must be “unusual and exceptional,” thus changes of category are difficult to obtain. The RO/ARO will most likely advise against requesting a category change given the difficulty of proving “unusual and exceptional” circumstances.
Any change of category must be clearly consistent with and closely related to the participant's original exchange objective, and necessary due to unusual or exceptional circumstances. Participants should address all inquiries regarding change of category to the responsible officer of the program. The responsible officer submits a written request with supporting justification for the change to the Department of State on behalf of the participant. A nonrefundable fee of $198 is payable to the US Department of State.
If the Department grants the request, the responsible officer issues a new Form DS-2019 that reflects the change. If the request is denied, the participant is expected to return home no later than 30 days from the date of the Department's notice or the program's end date indicated on the Form DS-2019, whichever is later.
Please contact the ISS office for more information or go to this website.
Change of Status to another Non-immigrant Category
From J-1 to another non-immigrant status
J-1 research scholars and short-term scholars interested in enrolling in a full-time degree program at a College or University must either leave the country and re-enter on F-1 status or, if there is no 2-year home presence requirement, request a change of status to F-1. Please note the latter may require many months to obtain.
Persons with a 2-year home residence requirement will not be eligible for a change in visa classification in the US and may not meet the J-1 student criteria. In such case, they will be required to leave the US, obtain a new visa and if admitted as an F-1 visa holder return to the USA to start their studies.
Please be aware there are risks of being refused a visa or re-entry to the United States. Also, even if issued an F-1 visa, a former exchange visitor/J-1 visa holder who was subject to the home residence requirement is still subject to the requirement after finishing their program under F-1 status. Please see section on Two-Year Home Presence Requirement.
Exchange visitors who are not subject to the 2-year home country physical presence requirement [212(e)] are eligible to apply to change status to any other visa type for which they qualify. Exchange visitors who are subject to 212(e) are not eligible to change to any other status in the US except A (diplomatic or government official) or G (international organization). Exchange visitors who were admitted in or acquired J-1 status for the purpose of obtaining graduate medical education or training are ineligible for any change of non-immigrant status regardless of their 212(e) requirement status. Exchange visitors interested in a change of status should consult with the RO/ARO in the Office of International Students and Scholars. This is a very lengthy and costly process. Exchange visitors may want to consider exiting the USA and attempt to re-entry under a new program.
If an Exchange Visitor is inside the US…
Procedures for changing status from J to another non-immigrant status vary depending on the category that is being sought. Please request information from your RO/ARO. Generally, an exchange visitor will submit Form I-539, a copy of Form I-94, the required fee, and other documents to USCIS. For a change to H status, you must seek the services of an immigration attorney to assist you with this application. Please request an appointment with the Responsible Officer before proceeding with any request for a change of status.
Moving from J-1 to J-2 and vice versa is considered a change of non-immigrant status that needs to be requested by filing Form I-539 with USCIS. If you are not subject to 212(e), a change of status will be treated like other changes of status. If the J-1 holder is subject tot 212(e), s/he is not eligible to change status in the USA until a waiver or a DOS recommendation that a waiver be granted has been issued. The only way for a J-2 dependent to obtain a waiver is to be included in a waiver for the J-1 exchange visitor.
If an EV is outside the USA…
If an EV is outside the USA but had previously been in the US as an exchange visitor, s/he may apply for a different type of non-immigrant visa at the US Embassy or consulate. No minimum time abroad is required to obtain a different visa unless s/he is subject to the 2-year home country physical presence requirement and you are applying for an H or L visa. If s/he is subject to 212(e) and is granted another visa in another category, they are still subject to the 2-year home presence requirement and must fulfill it before ever applying for an H or L visa.
For more information, visit this website.
Changing To J-1
If the person seeking J-1 status is already present in the United States in another non-immigrant status, s/he must apply to the United States Citizenship and Immigration Services (USCIS) office for a change of status to J-1. Any benefits of J-1 status, including employment eligibility, are not available until the change of status is approved by USCIS.
Processing times for change of status requests can be extraordinarily long. Holder of a C, D, K, WB or WT visa are not eligible for changes of status within the USA. A J-2 who is subject to the 212(e) home residence requirement may not change from J-2 to J-1 status in the United States. Aliens in good standing from any other non-immigrant classification may apply to change to any other non-immigrant status for which they qualify.
In any application for change of status, the alien should explain satisfactorily why s/he did not originally enter the US in the status now being requested. Changes of circumstances or intention should be documented and explained. Applicants for change of status must send the following to the USCIS Service Center that has jurisdiction over the exchange visitor’s place of residence to request a change of status:
- DS-2019 Form(s) for J-1 Exchange visitor and dependents
- SEVIS fee payment receipt
- Form I-539
- Correct I-539 Fee
- Copies of financial support documents
- Photocopies of I-94 and any other documents establishing current maintenance of non-immigrant status
- I-566 if changing from A or G status.
- Copies of passports and visas
For more information, visit this website.