What Are the Terms and Conditions of J Exchange Visitor Status?

Eligibility for Admission

CBP may admit an exchange visitor and accompanying dependent family members in J-1 and J-2 classifications if each applicant presents: a valid passport; a valid J-1 or J-2 visa; and a Form DS-2019 (Certificate of Eligibility for Exchange Visitor Status) issued in the person's name by a DOS-approved program sponsor.

Admission and Grace Periods

DOS may issue J-1 and J-2 visas whenever the Form DS-2019 is valid. However:

• The exchange visitor may not enter the United States more than 30 days before the program start date on the DS-2019; and
• The exchange visitor may remain in the United States for 30 days after completing the program for travel purposes only — employment is not authorized during this 30-day post-completion grace period.

Duration of Programs by Category

J-1 exchange visitors are admitted for duration of status — defined as the completion of the J-1 program plus 30 days. The maximum permitted stay depends on the specific program category:

Extensions beyond the maximum duration for any category require prior DOS approval through the program's Responsible Officer (RO) submitting a request in SEVIS.

Reporting Requirements

A J-1 exchange visitor must inform USCIS and the program RO of any legal name change or change of address within 10 days of the change. For SEVIS-enrolled programs, the obligation to notify USCIS is satisfied by notifying the RO, who must enter the address change in SEVIS within 21 days of notification. J-1 FMGs who received a Conrad 30 waiver must additionally notify USCIS of any material change in the terms and conditions of their H-1B employment during the 3-year service period.

Employment Authorization

Several J-1 programs involve a work component. Exchange visitors in those programs are authorized to work incident to status under 8 CFR 274a.12(b)(11). J-2 spouses of J-1 exchange visitors may apply for employment authorization by filing Form I-765.

The Two-Year Foreign Residence Requirement

Certain J-1 exchange visitors are subject to INA §212(e) — a 2-year foreign residence requirement. After leaving the United States, these exchange visitors must reside and be physically present in their home country (country of nationality or last legal permanent residence as listed on Form DS-2019) for an aggregate of at least 2 years before becoming eligible to apply for: an immigrant visa; adjustment of status; or a nonimmigrant H, L, or K visa. They are also prohibited from changing to any nonimmigrant status other than A, G, T, U, or H-1B (for physicians receiving Conrad 30 waivers).

Who is subject to the requirement?

• ECFMG-sponsored medical trainees (graduate medical training programs, typically residency or fellowship);
• Exchange visitors whose programs involved government funding — from the home country, the US government, or an international organization;
• Exchange visitors whose field of specialization appears on the DOS Exchange Visitor Skills List for their home country; and
• Exchange visitors whose program purpose was graduate medical training.

Determining compliance: USCIS applies the preponderance of the evidence standard. Any fraction of a day spent in the home country counts toward the 2-year aggregate. Evidence may include a chart of days spent in the home country supported by passport stamps, travel receipts, employment records, school transcripts, leases, or affidavits. Where country conditions (war, civil unrest, travel bans, or changed national boundaries) make compliance effectively impossible, USCIS considers these circumstances case-by-case in consultation with DOS.