J Visa Status
Those who enter the United States with the J-1 or J-2 visa are called Exchange Visitors. The J-1 Exchange Visitor visa may be used by those coming to the United States to study, teach, conduct research, or receive training. The purpose of the Exchange Visitor Program is to provide foreign nationals with opportunities to participate in educational and cultural programs in the United States and return home to share their experiences, and to encourage Americans to participate in educational and cultural programs in other countries. It does not require a one-to-one reciprocal exchange.
The J-1 visa is obtained by presenting to a U.S. embassy or consulate a Form DS-2019 issued by the Exchange Visitor sponsor, which may be a university, government agency, or other organizations. The Fulbright Commission, for example, issues Forms DS-2019 for its grantees.
Mandatory health insurance requirement for all J-1 and J-2 visa holders
All Exchange Visitors and their dependents must have health insurance in effect which covers them for sickness or accidents during the period of time when they are in J status. If a J-1 or J-2 visa holder fails to maintain health insurance coverage, his/her visa may be terminated.
J Students
Specific information about the J-1 Student Visa
Eligibility for J-1 student visa: To be eligible for the J-1 visa, students must be supported substantially by funding from sources other than personal or family funds. J-1 students are also required to maintain full-time enrolled status at Idaho State University.
Length of stay in the United States
J-1 students will be permitted to remain in the United States for the period of time indicated on the Form DS-2019. This may be extended for the length of time they continue to pursue a full course of study or authorized academic training. They must obtain the permission of their sponsor before making any changes in the program specified on the Form DS-2019.
How to Maintain Legal Status
It is critical that students in J visa status "maintain status" by complying with specific federal government regulations. Please review the Student and Exchange Visitor Information System (SEVIS) here.
J Short Term Scholar
Specific information about the J-1 Short-Term Scholar Category
Length of Stay
J-1 short term scholars engaged in research and/or teaching may remain in the United States for up to six months. No extensions are permitted beyond six months. Short-term scholars do not always have a formal affiliation with the University. Access to University facilities may be limited. Check with the hosting department for details.
Paid employment for J-1 short-term scholars is permitted only if it is described on the Form DS-2019 issued to the Exchange Visitor.
Research Scholar/Professor
Specific information about the J-1 Research Scholar/Professor Category
Length of stay
J-1 visa holders in the Research Scholar or Professor category may remain in the United States for up to five years on an Exchange Visitor visa. There are some restrictions to this category. Individuals who have been in the United States as J-1 Exchange Visitors in any category for more than 6 months are not eligible for the Research Scholar or Professor category unless they have been outside the United States for the previous 12 months. Research scholars and/or professors who complete their J-1 programs and leave the United States are not eligible to return as J-1 research scholars or professors for 24 months.
Employment
Paid employment for J-1 research scholars or professors is permitted only if it is an integral part of the program as described on the Form DS-2019 issued to the Exchange Visitor. In most cases, it is not possible for a J-1 visa holder to accept paid employment outside of Idaho State University. However, there are occasional exceptions. Please consult the IPO for more information regarding the possibility of employment outside of Idaho State University.
Change in J Scholar Regulations
Change in J Scholar Regulations
Effective on November 18, 2006, the U.S. Department of State introduced changes to the regulations governing the J-1 Exchange Visitor Research Scholar/Professor Category. Please note that these changes do not affect the J-1 Short-Term Scholar Category or any other visa types. Below are the changes and their impact:
Five Year Maximum Stay
The maximum length of program for J-1 exchange visitors in the Research Scholar and Professor category has been increased from three to five years.
The 24-Month Repeat Participation Bar
At the end of a J-1 research scholar’s or professor’s exchange visitor program, regardless of the length of his/her stay, the exchange visitor becomes subject to a two year bar on repeat participation as a J-1 research scholar or professor. This means that when a research scholar or professor completes his or her J-1 program, s/he is not eligible for another period of stay as a J-1 research scholar or professor until two years have passed. This bar is also applicable to the J-2 dependents. The 24-month bar is not the same as the Two Year Home Country Residence Requirement.
Impact of the 24-Month Bar
The 24-month bar could have negative implications on the abilities of a J-1 exchange visitor and/or his/her J-2 dependent to return to the United States using the Research Scholar or Professor Category. When a scholar either concludes or leaves the J-1 program, whichever is earlier, the scholar’s record becomes inactive in SEVIS; thus making it impossible for the IPO to reactivate it. At that point, the 24-month bar time starts to accrue. Therefore, it is extremely important for the IPO to be informed of a scholar’s departure from Idaho State University and his/her future plans, so that we can properly maintain the scholar’s SEVIS record to facilitate his/her possible return to the United States.
What You Should Do
You can help by encouraging the scholars completing their programs at Idaho State University to talk with the IPO as soon as they know what their departure date from Idaho State is. You can also help by informing the IPO as soon as you know of the scholar’s plan for leaving Idaho State. Regardless of the length of their stays under Idaho State’s J-1 program, upon departure they will be subject to the 24-month bar on participation in the J1 Research Scholar/Professor Category.
Two-Year Home Residency
Two-year home country residence requirement
In some cases, this visa carries with it a “two-year home country residence requirement,” which obliges Exchange Visitors to return to their home countries for two years before being eligible to apply for an immigrant visa or a non-immigrant H or L visa. The requirement also makes Exchange Visitors ineligible to change to a different visa status within the United States if they are subject to it. This restriction applies to those financially supported by the U.S. government or their home governments (including travel grants) during part or all of their stay in the United States. In addition, the two-year home country residence requirement is imposed on those whose skills are needed in the home countries, as registered on the Exchange Visitor Skills List. This requirement also applies to exchange visitors who are graduates of foreign medical schools participating in internships, residencies, or clinical training programs in the United States sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG). For more information on the two-year home country residence requirement, consult a U.S. embassy or consulate.