J-1 Status and Status Maintenance

You are admitted to the United States for "duration of status (D/S)," defined as the period during which you are engaged in full-time, nonclinical research, teaching, consultation, or long-term observation at the University of Miami, plus 30 days within which to depart from the U.S. If you fail to comply with the immigration regulations that apply to J-1 exchange visitor status, you may be subject to expedited removal from the U.S., and your eligibility to engage in your J-1 exchange visitor program activity will be seriously affected.

A J-1 exchange visitor visa and J-1 exchange visitor status may be granted to an foreign national who is a bona fide scholar qualified to pursue full-time, nonclinical research, teaching, consultation or long-term observation at an academic institution authorized to host international scholars. When applying for a J-1 exchange visitor visa, the individual must prove to a U.S. consular official that they wish to enter the United States temporarily and solely for the purpose of the approved J-1 exchange visitor program activity, and that the applicant has a permanent residence in a foreign country which they do not intend to abandon.

Once you are admitted to the U.S. in J-1 exchange visitor status, you must meet certain obligations in order to maintain your status:

1. Report to International Student and Scholar Services (ISSS) for scholar online orientation follow-up appointment and validation of program participation in Student and Exchange Visitor Information System (SEVIS) upon arriving at the University of Miami. If you have been accepted to engage in a J-1 exchange visitor program at the University of Miami, and the University of Miami is your J-1 exchange visitor program sponsor, you must report to ISSS for validation of program participation in SEVIS. This process will change your SEVIS status from "initial" to "active."  If you have been accepted to engage in a J-1 exchange visitor program at the University of Miami, and an organization other than the University of Miami is your J-1 exchange visitor program sponsor, i.e., AMIDEAST, Fulbright, LASPAU, OAS, etc., you must still report to ISSS. However, you must also report to your J-1 exchange visitor program sponsor for validation of program participation in SEVIS to change the status of your SEVIS record from "Initial" to "Active."
2. Have a passport that is kept valid and unexpired at all times.
3. Engage in your approved J-1 exchange visitor program activity on a full-time basis. The U.S. Department of State (DoS) requires that you engage in your approved J-1 exchange visitor program activity on a full-time basis at the location listed on your Form DS-2019.
4. Obtain an exchange visitor program extension to continue your exchange visitor program activity beyond the program end date specified on your Form DS-2019. If the University of Miami is your J-1 exchange visitor program sponsor and you wish to have your J-1 exchange visitor program extended, you need to discuss this matter with your supervisor in your host department. If you still have time left in your J-1 exchange visitor program category and can provide sufficient proof of funding for the extension, then your host department needs to submit the electronic Form DS-2019 Request to request an extension Form DS-2019 for you from ISSS. If ISSS approves the extension of your program, ISSS will issue extension Forms DS-2019 for you and your J-2 dependents (if applicable).  If an organization other than the University of Miami is your J-1 exchange visitor program sponsor, then you need to contact your J-1 exchange visiyor program to inquire about the possibility of and procedure for a program extension.
5. Follow certain procedures to transfer to another exchange visitor program. If you are transferring from one J-1 exchange visitor program sponsor to another, certain transfer procedures must be followed. Check with your ISSS advisor if you are planning to transfer between exchange visitor program sponsors.
6. Follow certain procedures to seek reentry to the U.S. after travel abroad. If you travel abroad and seek to reenter the U.S. during the course of your J-1 exchange visitor program, you must have a valid, unexpired passport, an valid, unexpired J-1 visa, and a valid, unexpired Form DS-2019 in hand. Once you have used your Form DS-2019 for initial entry to the U.S., the document must be endorsed for travel validation by your J-1 program's Responsible or Alternate Responsible Officer if you wish to travel abroad and reenter the U.S. again during the course of your exchange visitor program.  For scholars in the University of Miami's J-1 exchange visitor program, your Form DS-2019 will be automatically validated for travel during the scholar orientation follow-up appointment with ISSS.  For scholars in J-1 exchange visitor programs other than the University of Miami, i.e., AMIDEAST, Fulbright, LASPAU, OAS, etc., please be sure to allow time to mail your Form DS-2019 to your exchange visitor program sponsor for signature. Before making travel plans, be sure to check that your passport, J-1 visa, and Form DS-2019 are in proper order.
7. Follow certain procedures to apply for Authorization for Occasional Lectures or Short-Term Consultations. Under specific circumstances, J-1 scholars may be eligible to receive authorization for occasional lectures or short-term consultations with a U.S. employer besides their University of Miami host department. This authorization can only be provided by your J-1 exchange visitor program sponsor and requires written approval before you engage in the occasional lecture or short-term consultation. This is a very general description and does not include all the criteria involved. Be sure to check with your ISSS Advisor before accepting any offer to engage in an occasional lecture or short-term consultation.
8. Maintain adequate medical insurance coverage for the full duration of the J-1 exchange visitor program. The J-1 regulations require adequate medical insurance with specific items of coverage, not only for the J-1 scholar but also for any J-2 dependents, for the full duration of the J-1 exchange visitor program.  Failure to maintain proper medical insurance coverage may result in termination of the scholar's J-1 exchange visitor status.
9. Provide updated local address and contact information to your J-1 exchange visitor program sponsor and the University of Miami. All international scholars in J-1 status are required to keep U.S. Citizenship and Immigration Services (CIS) and the U.S. Department of State informed of their local and foreign addresses. You must provide your ISSS advisor with an updated local address (must be a street address; P.O. Box not allowed), U.S. telephone number and email address within 10 days of any change to this information. Scholars who receive payment from the University of Miami must also update local address and contact information in the University's records through Workday. This requirement applies for the duration of your J-1 exchange visitor program. Click here to access, complete and submit the electronic Address/Contact Information and Document (Passport and/or Visa) Update Reporting Form for Exchange Visitors/Scholars in J-1 Status.  If your J-1 exchange visitor program sponsor is an organization other than the University of Miami, i.e., AMIDEAST, Fulbright, LASPAU, OAS, etc., you must also inform your J-1 exchange visitor program sponsor's Responsible or Alternate Responsible Officer of any change in your local address within 10 days of moving.

J-1 exchange visitor immigration regulations require that you inform your J-1 exchange visitor program sponsor when you change your local U.S. address, U.S. telephone number and/or email address while you participate in the J-1 exchange visitor program. You must provide your J-1 exchange visitor program sponsor with your updated local address within 10 days of changing local addresses. Your J-1 program sponsor then automatically updates your local contact information with U.S. Citizenship and Immigration Services (CIS) and the U.S. Department of State (DoS) through the Student and Exchange Visitor Information System (SEVIS). You are not required to file any additional paperwork with CIS or DoS.

Click here to access, complete and submit the electronic Address/Contact Information and Document (Passport and/or Visa) Update Reporting Form for Exchange Visitors/Scholars in J-1 Status.

You are admitted to the United States for "duration of status (D/S)," defined as the period during which you are engaged in full-time, nonclinical research, teaching, long-term observation or consultation at the University of Miami (UM), plus 30 days within which to depart from the U.S.

Your Form DS-2019 lists your J-1 exchange visitor program start and end dates in item #3 of the document. Unless your program is extended, the program end date on your Form DS-2019 indicates the date when your UM host department currently expects you to complete your J-1 exchange visitor program activity.

If you complete your J-1 exchange visitor program activity before the expected program end date, you must inform your UM host department and your J-1 program Responsible Officer (RO) or Alternate Responsible Officer (ARO) that you are ending the program early and provide the exact last date for your activity. If UM is your J-1 exchange visitor program sponsor, then you need to provide your International Student and Scholar Services (ISSS) advisor with this information. If your J-1 exchange visitor program sponsor is another organization, then you need to also provide your J-1 RO/ARO with this information.  Click here to access, complete and submit the online Shorten Program Request for Exchange Visitors in J-1 Status.

The J-1 regulations allow you to stay in the U.S. for an additional 30 days beyond the date when you complete your J-1 exchange visitor program activity.

Under the terms of the two-year bar on repeat participation in the research scholar and professor categories, an individual who has participated in the J-1 Exchange Visitor Program as a research scholar or professor becomes subject to a two-year bar on repeat participation in these categories if the exchange visitor completes a full five years of program participation with one or more program sponsors or if the exchange visitor completes a particular exchange visitor program, and the Student and Exchange Visitor Information System (SEVIS) record becomes Inactive before the full five-year period is over. In either case, the individual is not eligible to begin a new program as a J-1 research scholar or professor for a period of two years. This rule applies to individuals in the J-1 research scholar or professor categories whose programs ended on November 18, 2006 or thereafter. It also applies to their J-2 dependents.  The purpose of the two-year bar on repeat participation in the research scholar and professor categories is to prevent research scholars and professors who have completed a program in J-1 status from exiting the United States and immediately reentering for a new J-1 exchange visitor program in these two categories.

The following should be used for informational purposes, but it is not a legal document. It was prepared by non-attorneys for use by non-attorneys. Instead of assuming that you are or are not subject to the two-year home-country physical presence requirement, you should consult a specialist to consider this issue in light of your own circumstances.

1. Question: What is the purpose of the two-year home-country physical presence requirement? 
   Answer: The intent of the two-year home-country physical presence requirement is to have your home-country benefit from your experience in the United States. As an exchange visitor, you come to the U.S. for a specific objective such as a program of study or a research project. If you are subject, the requirement is intended to keep you from staying longer than necessary to complete your objective, and to make sure that you will spend at least two years in your home country before you return to the U.S. for a long-term stay.
2. Question: Who is subject to the two-year home-country physical presence requirement? 
   Answer: The requirement applies only to the following exchange visitors in J-1 status (and their J-2 dependents):
   • Exchange visitors who have received U.S. or foreign government funding, directly or indirectly, for the purpose of international exchange;
   • Exchange visitors whose skills are in a field which their home governments requested be included on the U.S. Department of State's Exchange Visitor Skills List; and
   • Exchange visitors who come to the U.S. to receive graduate medical education or training.
3. Question: Government funding? I am a researcher in the lab of a professor who pays my salary out of his grant from the U.S. Department of Agriculture. Is my salary indirect funding? Does it make me subject to the two-year home-country physical presence requirement?
   Answer: This funding does make you subject to the requirement if the purpose of the faculty member's grant is international exchange, for example, to bring foreign scientists to the U.S. for a research experience in his lab so that they can apply what they learned in the home country. But if the purpose of the grant was research, and the faculty member hired you only to participate in that research, then your salary does not make you subject to the two-year home-country physical presence requirement.
4. Question: What is the Exchange Visitor Skills List?
   Answer: The Exchange Visitor Skills List is a long list of fields of specialized knowledge and skills. About 30 years ago, the U.S. government sent the list to foreign governments and asked each one to indicate skills that were in short supply in their respective countries. The resulting list appeared in the Federal Register, and official government bulletin published daily and available in most libraries. The most recent full text appeared in the Federal Register on April 30, 2009.  Your J-1 program's Responsible Officer (RO) or Alternate Responsible Officer (ARO) can help you determine whether your field of study or skills is on the list for your country.
5. Question: One of my Forms DS-2019 indicates that I am subject to the two-year home-country physical presence requirement. However, I have another Form DS-2019 that indicates that I am not subject to the two-year requirement. Which form is correct?
   Answer: Visa officers in U.S. consular posts and immigration inspectors at U.S. ports-of-entry make preliminary assessments as to whether or not you are subject to the two-year home-country physical presence requirement. They usually indicate their preliminary assessment by putting an annotation on your visa stamp an/or by checking the "preliminary endorsement" box on your Form DS-2019. Please note that these are preliminary, not final assessments. Only the U.S. Department of State can make a final determination as to whether or not you are subject to the two-year requirement. You can request the U.S. State Department's advisory opinion on this matter through your J-1 RO/ARO or an immigration attorney.
6. Question: If I am subject to the two-year home-country physical presence requirement, what am I required to do?
   Answer: If you are subject to the two-year home-country physical presence requirement, then you are required to spend two years in the country of your permanent residency or the country of your citizenship after you have completed your exchange visitor program. Until you have fulfilled this requirement, there are certain things you cannot do. You cannot hold status in the U.S. as an H (temporary worker, trainee, or dependent), L (intracompany transferee or dependent), or immigrant (U.S. permanent resident). And inside the U.S., you cannot change your immigration status to any category except A (your government's representative to the U.S., such as a diplomat, or the dependent of an A status holder) or G (your government's representative to an international organization, such as the United Nations, or the dependent of a G status holder).
7. Question: If I cannot change status inside the U.S., can I exit the U.S., apply for an F-1 visa, and return to the U.S. as an F-1 student?
   Answer: You can apply for an F-1 visa, and if you are approved, you can return to the U.S. as an F-1 student. However, you would still be subject to the two-year home-country physical presence requirement unless you spend two years in your home country or apply for and obtain a waiver of the two-year requirement.
8. Question: What is the waiver of the two-year home-country physical presence requirement?
   Answer: J-1 exchange visitors who are subject to the two-year home-country physical presence requirement must apply for a waiver of that requirement if they seek to remain in the U.S. beyond the end date of their program or if they seek to submit an application for a change in visa status. A waiver may be requested based on five statutory grounds:
   • A claim of exceptional hardship to a U.S. citizen or legal permanent resident spouse or child of an exchange visitor if the exchange visitor is required to return to the country of residence;
   • A claim that the participant will be persecuted due to race, religion, or political opinions if he/she returns to the country of residence;
   • A request from an interested U.S. government agency on the participant's behalf;
   • A no-objection statement from the exchange visitor's government; and
   • A request by a designated State Health Department or its equivalent.
9. Question: Is it true that if I am subject to the two-year home-country physical presence requirement, I cannot come back to the U.S. for two years once I finish my program and leave the U.S.?
   Answer: There is no regulation that states that you cannot return to the U.S. for two years if you are subject to the two-year requirement and have exited the U.S. upon program completion. However, if you are subject to the requirement, you remain subject until you have either spent two years in your home country or have obtained a waiver of the requirement. If you are returning to the U.S., the visa that you use to enter the U.S. depends on the purpose of your trip to the U.S. The only visas that you cannot use for two years if you are subject to the two-year requirement are H, L, and immigrant visas.
10. Question: If I am subject to the two-year home-country physical presence requirement and I come back to the U.S. for a two-week visit after one year at home, will I lose the year I already spent at home as far as the two-year requirement is concerned? Do the two years at home have to be without interruption?
    Answer: No, the two years you need to spend in your home country to fulfill the two-year requirement do not have to be uninterrupted. Once you accumulate a total of two years, you will have satisfied the two-year requirement.
11. Question: If I am subject to the two-year home-country physical presence requirement, what happens if I marry a U.S. citizen? Would I still be subject to the two-year requirement?
    Answer: Marriage to a U.S. citizen or permanent resident has no effect on the two-year requirement. You would still be subject to the two-year requirement.
12. Question: I am subject to the two-year home-country physical presence requirement. If I return home, get married, and my spouse is sponsored to work in the U.S. in H-1B status, can I enter the U.S. with her as her H-4 dependent?
    Answer: You will first need to fulfill your two-year requirement or obtain a waiver of the requirement before you can come to the U.S. in H-4 status.
13. Question: Are J-2 dependents ever subject to the two-year home-country physical presence requirement?
    Answer: Yes, if the J-1 exchange visitor is subject to the two-year requirement, then his/her J-2 dependents are also subject to the requirement.

There are a number of preliminary indicators of whether an exchange visitor is subject to the two-year home-country physical presence requirement:

• The J visa will often bear an annotation as to whether the consul issuing the visa believes the exchange visitor is subject.

U.S. consular posts are instructed to place one of the following notations on each J visa issued: "BEARER IS SUBJECT TO SECTION 212(e). TWO YEAR RULE DOES APPLY (Name of country)," or "BEARER IS NOT SUBJECT TO SECTION 212(e). TWO YEAR RULE DOES NOT APPLY (Name of country)." The country in parenthesis is the country "that would satisfy the two-year residence and physical presence requirement if applicable." [9 FAM 41.113 PN8.3 Annotation Regarding Foreign Residence Requirement (CT:VISA-1745; 10-19-2011)]

The "subject" notation may also continue to be applied to subsequent visas in other nonimmigrant categories used for later entries to the United States so long as the individual remains subject to 212(e).

• The Form DS-2019 may also be marked in the lower left-hand corner, either by DOS or by the U.S. Department of Homeland Security.

Note, however, that these endorsements are based on a specific Form DS-2019. A single Form DS-2019 does not necessarily reflect the historical record of whether the exchange visitor may be subject from a past visit. Also, the U.S. consular officer may have inadequate or inaccurate information on the sources of funding or the skills represented. Errors in the preliminary endorsements are not uncommon. To determine whether 212(e) applies, funding, skills, and copies of all DS-2019s covering an exchange visitor's stay in the United States must be examined.

While a U.S. consular officer or a U.S. Customs and Border Protections Inspector can make a preliminary determination as to whether a person in J-1 or J-2 status is subject to the two-year home-country physical presence requirement, the U.S. Department of State always makes the final decision in this matter.

If you want to know for certain whether or not you are subject to this requirement, you can request an advisory opinion from the U.S. Department of State, Waiver Review Division.  Visit the U.S. Department of State's website for information on how to request an advisory opinion. Especially in cases where the annotation placed by the U.S. consular officer on page 1 of your Form DS-2019 differs from the annotation the U.S. consular officer placed on your J-1 visa, we recommend that you request an advisory opinion. Please be aware that receiving an advisory opinion takes approximately three to four months, and that you can only request an advisory opinion if you are currently participating in a J-1 exchange visitor program or if you participated in one in the past. An advisory opinion cannot be requested prospectively before a J-1 exchange visitor program begins.

An exchange visitor may request that the two-year home-country physical presence requirement be waived only on the following bases:

1. Statement from the exchange visitor's home country that it has no objection to the waiver
2. Request for waiver made by an interested U.S. government agency · Interest of a state agency (only for alien physicians)
3. Exceptional hardship to the U.S. citizen or permanent resident spouse or child of the exchange visitor
4. Fear of persecution on account of race, religion, or political opinion

212(e) waiver applications must be initiated online on DOS's J Visa Waiver Online website. It is important to remember that the waiver application itself (Form DS-3035) is not submitted electronically through this website, and it is not possible to pay any fees online. Rather, the website reserves a case number and generates a barcoded document that must be mailed to the Department of State.

Please note that your J-1 program sponsor cannot assist you with applying for a waiver of the two-year home-country physical presence requirement. ISSS recommends that any J-1 scholar who considers applying for a waiver retain an immigration attorney for advice and assistance in this process. We have a list of immigration attorneys we make available only upon request. If you ever wish to have access to this list, please email ISSS and request the immigration attorneys list.

Receiving a waiver recommendation from DoS may impact eligibility for certain benefits even before a waiver was granted:

1. According to DOS, when an RO/ARO is notified that DOS has sent a recommendation to DHS that a waiver of INA 212(e) be granted, "the exchange visitor is no longer considered eligible for an extension of program beyond the end date shown on the current Form DS-2019...even though he or she may not have completed the maximum duration of participation permitted for the category." All program sponsors, as well as the individual exchange visitor, receive a copy of the DOS waiver recommendation letter. DOS considers the receipt of this letter as the date beyond which no further DS-2019s may be issued for extension of stay.
2. If DOS denies the request for a waiver recommendation, extensions may be processed in the usual manner.
3. Under DOS regulations, an exchange visitor who has received a favorable recommendation for a waiver is not eligible for reinstatement to valid program status.
4. Eligibility for immigration benefits on the basis of the DOS waiver recommendation alone (i.e., after DOS issues a favorable waiver recommendation but before DHS grants the waiver) will vary, based on the benefit being sought. Please consult an immigration attorney for specifics.