Acquiring J Status: Visas, Admission, Change of Status


J-1 visa processing at a U.S. consular office

You must obtain a J-1 visa in order to seek admission to the U.S. for full-time studies, unless you are a citizen of Canada or Bermuda. Citizens of Canada or Bermuda do not require J-1 visas but must present appropriate means of documentation at the U.S. port-of-entry to seek admission for full-time studies.

To apply for a J-1 visa, you must provide the U.S. Embassy or Consulate with Form DS-2019, passport, statement of funds, and other documents as required by the U.S. Embassy or Consulate. Each exchange visitor who applies for a visa at a U.S. embassy or consulate must pay the nonimmigrant visa application processing fee. You can review the current fees at Fees for Visa Services. In the case of Canadian and Bermudan citizens, you must use your Form DS-2019 to seek admission to the U.S. in J-1 status at a U.S. port-of-entry without a J-1 visa. Read page 2 of your Form DS-2019, examine the information on page 1 for accuracy and sign the exchange visitor certification block on the bottom of page 1 prior to presentation to a U.S. consular official or immigration official.

The U.S. visa tells you until what date you may enter the United States. The expiration date of the visa has nothing to do with how long you may remain in the United States. That is determined by your DS-2019 and I-94. You need to renew the visa only if you are traveling abroad after the visa expiration date, so that you may again enter the U.S.

The websites of U.S. embassies, consulates, and diplomatic missions is available at the following address: http://www.usembassy.gov

You cannot enter the U.S. on a B-2 (tourist) visa and expect to change to J-1 visa status after you arrive. U.S. Citizenship and Immigration Services will likely deny this request, and you will have to leave the U.S. to obtain a proper visa. Also, you cannot enter the U.S. on a visa waiver and change to J-1 status after your arrival. Persons who enter the U.S. on a visa waiver are not eligible for change of status in the U.S.

Admission to the United States in J-1 Status

This section will provide you with information regarding reentering the U.S. after a temporary absence. If you plan to leave the U.S. and return to the University of Miami, you must have the necessary documents to permit entry to another country and reentry to the U.S.

Entry to another country
If you wish to temporarily visit your country of citizenship or permanent residency, you will be allowed to enter that country if you hold a valid passport. Before temporarily visiting a country other than your country of citizenship or permanent residency, you must check on entry visa requirements for said country. The contact information of all foreign embassies located in Washington D.C. are listed on the following website: http://www.embassy.org

Reentry to the U.S.
To reenter the U.S. after a temporary absence (i.e., an absence of five months of less), you must have a valid passport, valid J-1 visa, and a properly endorsed Form DS-2019.

Properly endorsed Form DS-2019: If you have already used your Form DS-2019 to enter the U.S. once, then you must have page 1 of your Form DS-2019 endorsed by your J-1 Responsible Officer (your International Student and Scholar, ISSS, Advisor if you are sponsored by UM). Email ISSS at isss@miami.edu and request a Form DS-2019 with an updated travel certification signature. ISSS will issue a DS-2019 with an updated travel certification signature and send it to the e-mail address listed on your SEVIS record. This page, when properly endorsed, may be used for reentry to attend the same school for studies or research/teaching after a temporary absence from the U.S. Each certification signature is valid for only one year from date of signature, or until the Form DS-2019 expiration date, whichever comes first. For J-1 exchange visitors in the short-term scholar category, each certification signature is valid for only six months from date of signature, or until the Form DS-2019 expiration date, whichever comes first.

Valid Passport: You must have a passport that is kept valid at all times while you are in the U.S. If your passport will expire within six months, contact your embassy in the U.S. (http://www.embassy.org) and make arrangements to renew as soon as possible.

Valid J-1 visa: You must have a valid J-1 visa in your passport. If your visa has expired, you will need to make arrangements to renew your visa at the American Consulate/Embassy overseas.

Documents you will need for visa issuance: You will need a valid passport, a current photograph, a properly endorsed Form DS-2019, proof of financial capability for continuing studies or research/teaching, and continued nonimmigrant intent. Please check the Department of State website to inquire what other documents you may need.

Where to apply: Although you may be able to secure an original or renewal of a J-1 visa in a foreign country other than your own, your chances of being issued a J-1 visa are greatest when you apply at a U.S. consular office in your country of citizenship or permanent residency. You may face more stringent requirements in a third country and should allow more time in case of delays. It is not possible to obtain a J-1 visa in the U.S.

When to apply: You usually cannot apply for a new visa until 90 days before the expiration of the old one.

Visa voidance: If you have overstayed or been unlawfully present during your studies or research/teaching immediately prior to leaving the U.S., you might be subject to visa voidance. Such overstayer exchange visitors would be subject to payment of the Student and Exchange Visitor Information System (SEVIS) fee and would need to obtain a new J-1 visa stamp in the home country in order to reenter the U.S. The SEVIS fee must be paid online through use of a credit card, locally using the Western Union Quick Pay service, or by mail through use of a check or money order at least three days prior to the date SEVIS fee payment verification is required by the U.S. Consular Office. ISSS highly recommends that you file and pay the required SEVIS fee online with a credit card or in person through the Western Union Quick Pay service instead of by mail with a check or money order since the online option and the Western Union Quick Pay option result in speedier processing of your required fee payment. Please ask your ISSS Advisor for detailed information on options for payment of the SEVIS fee.

Visa revocation following a DUI: The U.S. Department of State is revoking visa foils ("stamps") of foreign nationals following a conviction or an arrest for driving under the influence (DUI), driving while intoxicated (DWI), or a related criminal charge. Individuals are notified of their visa cancellation by email (address used on the visa application). An individual in nonimmigrant status whose visa has been prudentially revoked will have to obtain a new visa in order to be readmitted to the United States after temporary travel abroad. In order for the visa to be issued, the foreign national will first need to be cleared by a panel physician following a medical screening, which may result in a visa denial or delay. A student who has their visa revoked should talk to an immigration attorney.

"Automatic revalidation of visa" benefit: Under certain circumstances, you may reenter the U.S. with an expired visa as though the visa were still valid. An expired J-1 visa may be considered to be automatically extended to the date of application for readmission to the U.S. (and therefore the visa in the passport need not have an expiration date that is in the future), provided you do the following:

  1. Apply for readmission to U.S. after an absence not exceeding 30 days in contiguous territory (Canada or Mexico) or adjacent islands (Saint Pierre, Miquelon, the Dominican Republic, Haiti, Bermuda, the Bahamas, Barbados, Jamaica, the Windward and Leeward Islands, Trinidad, Martinique, and other British, French, and Netherlands territories or possessions in or bordering on the Caribbean Sea other than Cuba);
  2. Maintain lawful J-1 status and intend to continue doing so;
  3. Present a valid passport containing Form I-94 which authorizes a stay beyond the date of entry (e.g., D/S);
  4. Present a properly endorsed Form DS-2019.

Under these circumstances, you may be saved the necessity of applying for a new J-1 visa even if your visa has expired. An exchange visitor whose visa has been canceled or voided is not eligible for automatic revalidation of visa benefit. Citizens of "state sponsors of terrorism" cannot take advantage of the automatic revalidation benefit. Any non-immigrant who chooses to apply for a new visa while in contiguous territory is not eligible for the automatic revalidation benefit during the course of that trip, but has to wait until the visa is granted in order to enter the U.S.

Transfers: If you have lawfully transferred schools while in the U.S., the visa will specify the school for which it was initially issued. In this instance you may reenter with an unexpired J-1 visa and Form DS-2019 from the new school without having the new school's name endorsed on the visa.

Status Violation and Travel: If you have violated your J-1 immigration status prior to traveling abroad and wish to seek reentry to the U.S. with a new Form DS-2019 to resume your J-1 status, you must pay the SEVIS fee prior to being able to seek reentry to the U.S. with proper documentation.

Change to J-1 status in the United States
In order to change status to J-1, you will either have to exit the U.S. and reenter the U.S. in J-1 status,
OR you will need to file for a change of status in the U.S.

For either procedure, you will first need to:

  1. Obtain a Form DS-2019 from the Department of International Student and Scholar Services (ISSS).
  2. Pay the SEVIS fee. The SEVIS fee must be paid online through use of a credit card, locally using the Western Union Quick Pay service, or by mail through use of a check or money order. ISSS highly recommends that you file and pay the required SEVIS fee online with a credit card or in person through the Western Union Quick Pay service instead of by mail with a check or money order since the online option as well as the Western Union Quick Pay service option result in speedier processing of your required fee payment.

    Online payment option: To pay the SEVIS fee online and obtain the required receipt for payment, you must (1) complete and submit the Form I-901 online at www.fmjfee.com with the required Visa, MasterCard or American Express information for payment of the SEVIS fee (please make sure to write your name exactly as it appears on your Form DS-2019); and (2) print a copy of the online payment receipt for your records and for submission of your application for a J-1 visa or change of status to J-1.

    Western Union Quick Pay Option: To pay the SEVIS fee through Western Union Quick Pay and obtain the required receipt for payment, you must (1) print out and bring a copy of the instructions for SEVIS Form I-901 fee payment by Western Union Quick Pay along with a copy of the sample form, Form DS-2019 and the SEVIS fee, to a local participating Western Union Agent location (instructions and sample form can be found online: http://www.ice.gov/sevis/i901/index.htm; the nearest Western Union Agent location can be found online: http://www.payment-solutions.com/agent.asp); (2) request and complete the Blue Form at the Western Union Agent location according to the instructions provided on the SEVIS website (http://www.ice.gov/sevis/i901/wu_instr.htm); (3) submit the Blue Form and SEVIS fee to the Western Union Agent who will transmit the payment and information on your behalf; and (4) obtain the properly completed Western Union receipt for your records and for submission of your application for a J-1 visa or change of status to J-1.

    Mail payment option: To pay the SEVIS fee by mail and to obtain the required receipt for payment, you must (1) download and print Form I-901, available at www.fmjfee.com; (2) complete Form I-901 (please make sure to write your name exactly as it appears on your DS-2019); (3) prepare a check or money order, payable to the “Department of Homeland Security;” (4) mail the completed Form I-901 and payment to I-901 Student/Exchange Visitor Processing Fee, P.O. Box 970020, St. Louis, MO 63197-0020, or, for expedited delivery of your payment, mail the completed Form I-901 and payment to I-901 Student/Exchange Visitor Processing Fee, 1005 Convention Plaza, St. Louis, MO 63101, United States, Phone number: 1-314-418-8833 (U.S. country code: 011); and (5) wait for Form I-797 receipt notice for your records and for submission of your application for a J-1 visa or change of status to J-1.

    Please note that a payment receipt is generated only when you complete your Form I-901 online and choose to pay by check or money order, in which case you should print and mail the receipt with your payment. You will not need to fill in a paper Form I-901 as well. When your payment is received at the Student and Exchange Visitor Program (SEVP), the receipt will be used to match your payment to the information you entered.

    Whether you pay online with a credit card, in person through the Western Union Quick Pay service, or by mail through of check or money order, please note that the website dedicated to the I-901 fee (www.fmjfee.com) allows you to verify online that your SEVIS I-901 fee payment has been received and when the official receipt for the payment was issued.

    For detailed and helpful information on the SEVIS fee, required Form I-901 information, payment options, processing times and other related issues, please read the information provided through the SEVP website: http://www.ice.gov/sevis/i901/faq.htm.
Option 1: Change of Status to J-1 by Travel

You may acquire J-1 status by leaving the United States before commencing your academic program, obtaining a J-1 student visa, and reentering the United States in J-1 status.
  1. Apply for a J-1 visa at a U.S. embassy or consulate abroad. ISSS recommends applying for the visa in your country of citizenship or permanent residence.
  2. Enter the U.S. in J-1 status by presenting your Form DS-2019, passport, J-1 visa, and SEVIS fee receipt to the immigration inspector at the U.S. port-of-enrty. You will receive a Form I-94, which has to be stamped J-1/DS.
Option 2: Change of Status to J-1 while in the United States

Verify eligibility for a change of status - see information provided by USCIS at Change My Nonimmigrant Status. In order to apply for a change to J-1 status in the U.S., you must complete and e-mail the following documents to isss@miam.edu for review before filing Form I-539 online with USCIS.
    1. Letter addressed to U.S. Citizenship and Immigration Services requesting the change of status, and explaining why the change is needed.
    2. Receipt for payment of the SEVIS fee.
    3. Copy of current registration, if available.
    4. Photocopy of your passport and passports of any dependents (include photo page, biographical page, expiration date page, entry visa page, and page bearing stamp of last entry to the U.S.).
    5. Photocopy of your Form I-94 and copies of Forms I-94 of any dependents.
    6. Photocopy of financial support documents for yourself and any dependents.
    7. If applicable, additional documents for:
Change from H-1 or H-4:
      • Copies of all previously issued Forms I-797 showing H status.
      • For H-1: Evidence that you have maintained valid H status, i.e., a letter from the H-1 employer confirming current employment, and two or three of the most recent pay stubs.
      • For H-4: Copies of spouse's or parent's H-1 immigration documents, i.e, passport photo page, biographical page, expiration date page, entry visa page, and page bearing stamp of last entry to the U.S., Form I-94 (front and back), Forms I-797, and two or three of the most recent pay stubs.
It is permissible to begin study while the change of status application is pending, as long as you maintain your H-1 or H-4 status or as long as you commence your program of study no later than 30 days after your H-1B or H-4 status is terminated and while your change of status to F-1or J-1 is pending. Once the change of status to F-1 or J-1 student is effective, you must cease work for the H-1 employer.

Change from J-2:
      • Copies of all previously issued Forms DS-2019
      • For J-2: Copies of spouse's or parent's J-1 Forms DS-2019, passport photo page, biographical page, expiration date page, entry visa page, and page bearing stamp of last entry to the U.S., and Form I-94 (front and back)

It is permissible to begin study while the change of status application is pending and your current status remains valid.

Both J-1 and J-2 visa holders who are subject to INA Section 212(e), also known as the "two-year home country physical residency requirement," may not apply to change status within the U.S. unless they have received a waiver from USCIS, a waiver recommendation from the U.S. Department of State, or have fulfilled the requirement.

Changing J category, i.e., from J-1 research scholar to J-1 student, requires an application to the U.S. Department of State, not to USCIS. Change-of-category requests are rarely granted. Please consult with an ISSS advisor for details.

PLEASE NOTE:

Change from B-2 Status to J-1 Status
If you request a change from B-2 (tourist) status to J-1, be aware that this change is normally denied, unless the B-2 visa bears the notation “prospective student.” If your request is denied, you must leave the U.S. and obtain a J-1 visa (usually in your home country), and re-enter the U.S. You are not permitted to enroll in classes until such time as USCIS has approved your change of status to J-1 or you have obtained a J-1 visa and entered the U.S. in J-1 status.

Visa Waiver Program “WT”
Also, if you entered the U.S. under the Visa Waiver Program, designated “WT,” you may not request any change of status in the U.S., but must follow the same procedure described above in case of denial of the change of status from B-2. The Visa Waiver Program allows nationals of some countries to enter the U.S. without a tourist visa and to remain for 90 days without being able to extend their stay, change status, be employed or enroll in classes in the U.S.

Processing Times
Change of status applications may take several months to be approved. Check the USCIS web site at www.uscis.gov for current processing times. Online filing of Form I-907, Request for Premium Processing Service, is now also available to F-1 students in this category. You will receive Form I-797 Notice of Receipt from USCIS approximately three weeks after filing the application. It is possible to check the status of the application on-line at www.uscis.gov using the receipt number found on the receipt notice.

Travel
Travel abroad while a change of status application is pending is considered to be an abandonment of the application. If you have to leave the United States while the application is pending, you should consult your ISSS advisor, who will provide instructions on how to cancel the pending change of status application and obtain a new or amended Form DS-2019 for travel.

Program Start Date
If the request for change of status to J-1 has not been approved by the program start date on the Form DS-2019, you have to notify your ISSS advisor to determine whether the program start date on the document needs to be deferred. Failure to do so may result in the SEVIS record being "terminated" and lead to a serious violation of immigration status.

Employment
You may not begin an assistantship, or engage in on or off campus student employment of any kind until the change of status has been approved.

Visa
Even with an approved change of status, you will need to obtain a visa for the new status during your next trip abroad.

If your change of status application is denied, you may be required to leave the United States on short notice and obtain a J-1 visa (usually in your home country), and re-enter the U.S.

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