This is general information on how to change immigration status. However, this should never be attempted without first consulting with IFSS.
There are only two ways a person can change from one immigration status to a J-1:
- Inside the U.S.
- Once a DS-2019 has been issued by IFSS, the future J-1 files the I-539 application for change of status with U.S. Citizenship and Immigration Services (USCIS) along with the DS-2019 and additional supporting documents. The processing time for the I-539 varies. Please contact IFSS for current processing time estimates.
- By travel
- Once a DS-2019 has been issued by IFSS, future J-1 takes the required documents and leaves the U.S. The person schedules an appointment at a U.S. Consulate and applies for the a J-1 visa stamp. The appointment can be scheduled before leaving the U.S. Once the new stamp is received, the individual may enter the U.S. as a J-1. Customs and Border Protection grants the new status when they enter the U.S. IFSS recommends that the person returns to their home country to change status.
Further considerations
- Certain J-Exchange Visitors are subject to the "two-year home country residence requirement (212e)" which requires them to return to their country of nationality or permanent residence for least two years upon completion of their program. [22 C.F.R. 514.31(a)(1)].
- If the person in J-1 or J-2 status is subject to the "2-year home residency requirement (212e)," the change of status can ONLY be done by travel (indicated in #2 above).
- The change of status application must be filed before the current status ends.
- If a change of status application is filed and the new status is not approved by the time the current status ends, the individual does not need to leave the U.S. However, the individual cannot work once the current status ends. They cannot begin working again until the new status has been approved. This means if the individual holds a paid position on campus, they must stop working the date the current status expires and cannot continue to receive payment. Payment can resume once the new status is granted.