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The J Exchange Visitor classification authorized by I.N.A. 101(a)(15)(J) was developed to implement the Mutual Educational and Cultural Exchange Act of 1961. The general purpose of the Act and the objective of the Exchange Visitor classification is "...to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges." 22 C.F.R. 62.1 (a)
Five principal parties interact in the J Exchange Visitor Program (EVP) process:
The Department of State (DOS) designates program sponsors, issues J visas to Exchange Visitors and their dependents, and creates and administers federal regulations and policies governing the EVP.
The Exchange Visitor Program Sponsor is a legal
entity
that has applied for and received designation from DOS to conduct an Exchange Visitor Program. At UTHSC-H the Office of International Affairs (OIA) is solely responsible for issuing Forms DS-2019, maintaining SEVIS (Student and Exchange Visitor Information System) records, monitoring Exchange Visitor activities and compliance with EVP regulations.
Responsible Officers (RO) and Alternate Responsible Officers (ARO) are the only individuals authorized to represent the Exchange Visitor Program and perform the duties set forth by the regulations. At The UTHSC-H, they are the International Visitor Advisors from the Office of International Affairs.
Exchange Visitor is the foreign national selected to participate in the EVP and who is seeking to enter the U.S.
temporarily
on a J-1 visa. The term does not include the visitor's
immediate
family. Spouse and/or children are referred to as J-2 dependents.
The Department of Homeland Security (DHS) admits a foreign national to the U.S. in J Exchange Visitor status. DHS maintains the SEVIS database, in cooperation with the Department of State.
Exchange Visitor Program Activity Categories commonly used at UTHSC-H as a higher education institution:
J-1 Short-term Scholars: appropriate for exchange visitors invited to lecture, observe, consult, or conduct similar types of educational or professional activities for up to six (6) months. There is no minimum
length
of stay required for short-term scholars and stay may not be extended beyond six months.
J-1 Professors and Research Scholars: with an specific
objective
, foreign professors and research scholars can be invited to teach classes (non-tenure Professors) and/or conduct research in a particular field (Research Scholar). This category is used for programs up to five (5) years and
imposes
a 24-month bar on repeat participation after completing the program. The five-year period is not an aggregate of five years but a continuous five-year period given on "use or lose" basis. Additionally, as federal regulations establish what is referred to as a "12-month bar", time spent in another J visa status may affect a visitor's eligibility to participate as a professor or researcher. To be
eligible
for this J-1category a scholar may be financed by the program sponsor (college or university), U.S. government agencies, international organizations, the exchange visitor's foreign government, the Binational Commission of the scholar's country, other organizations, and by personal funds.
J-1 Students: to be
eligible
for this visa category, a college or university student must meet one of the following criteria:
- The student or program is financed directly or indirectly by the U.S. government, the student's home country government, or an international organization
- The program is pursuant a written agreement between American and foreign educational institutions or between the U.S. government and a foreign government
- The student is supported substantially by funding other than personal or family funds.
J-1 Physicians: exclusively sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG), which is the only organization authorized to invite graduates of foreign medical schools to come to the U.S. to participate in medical residencies and clinical fellowships. See our J-1 Physician in Graduate Medical Education page for visa processing instructions pertaining to international medical graduates accepted to pursue medical training at The UTHSC-H.
While the J-1 Visa may be easier to qualify for than certain other categories, this particular visa type contains an important drawback: many J-1 exchange visitors are required to return to their home country for a period of two years prior to obtaining other work-authorized nonimmigrant status, or obtaining permanent residence.
Applying for J-1 Visa Sponsorship
through
The UTHSC-H
NEW / INITIAL J-1 Exchange Visitor Visa Sponsorship
J-1 Program EXTENSION
J-1 Program TRANSFERRING
Maintenance of J-1 Status.
All exchange visitors must maintain J-1 status by engaging only in activities permitted under the program and the category identified on Form DS-2019, filing timely and appropriate extension and/or transfer notifications, refraining from unauthorized employment, maintaining required health insurance coverage, maintaining a valid unexpired passport, Form DS-2019 and I-94 card endorsed J-1 “D/S” (duration of status), report changes of address within 10 days of the address change, and comply with NSEERS “Special Registration” requirements if necessary. If the J-1 is a Student category maintaining a full time course of study is also a requirement. Please consult with your International Visitor Advisor in the Office of International Affairs (OIA) if you have any questions regarding the maintenance of your status.
Travel and Reentry in J-1 status.
Any travel abroadof a J-1 or J-2 exchange visitorrequires the signature of the Responsible or Alternate Responsible Officer of the J Exchange Program sponsoring your stay in the U.S. If your J Exchange Visitor Sponsor is not located in the city where you reside (e.g. ECFMG, USAID, satellite campus), please allow sufficient mailing time (30-60 days) for the document to be signed and returned. Otherwise if your J-1 Exchange Program sponsor is UTHSC-Houston, please be sure to schedule an appointment to meet with your International Visitor Advisor in OIA to obtain a travel endorsement on Form DS-2019. Failure to obtain the appropriate signature prior to travel abroad could prevent readmission to the U.S. It is critical upon re-entry to the U.S, J holders are able to present their valid original immigration documents accordingly: passport valid for at least six months beyond the date of re-entry to the United States, valid J-1 visa stamp (except for Canadian citizens), and original Form DS-2019 containing travel endorsement in "Travel Validation By Responsible Officer" box on lower right side of Form DS-2019.
* Important note: OIA discourages travel abroad when exchange visitor’s J visa stamp has expired and will be required to obtain a new visa stamp while abroad. OIA has experienced a high number of exchange visitors being delayed several weeks in returning to the U.S. due to security clearances, visa processing delays, etc.
See J Travel information sheet and J Travel Request Form.
J-2 Visa status for dependents.
The J-2 visa is a non-immigrant U.S. visa, which is issued to the family members of a J-1 visa holder. This dependent visa is appropriate for the spouse and unmarried children (under age 21), who want to accompany the J1 holder to the United States. The J-2 visa holders can reside in the United States as long as the J1 visa holders remain in valid J-1 status.
J-2 dependents may request work authorization from USCIS if J-2 can state that money is needed for his/her expenses and not to financially support the J-1 visa holder. J-2 dependents may engage in full-time or part-time study while maintaining “J” status.
Change to J visa status.
There are two ways to obtain a new nonimmigrant status:
1) by traveling outside the U.S., obtaining the necessary visa stamp, and establishing that status upon re-entry, or
2) by application to the U.S. Citizenship and Immigration Services (USCIS). Both methods have associated advantages and disadvantages, including immigration, timing, and financial ramifications. Please contact an International Advisor to discuss your individual circumstances.
1) Changing Immigration Status by Traveling Abroad
Once admitted to UTHSC-Houston and after receipt of all necessary paperwork, OIA will issue a J-1 Certificate of Eligibility (Form DS-2019). Prior to the program start date, exchange visitor will need to travel outside the U.S. and apply for the appropriate J-1 visa stamp at a U.S. Consulate or Embassy overseas. It is generally preferred that exchange visitors return to their home country when applying for a visa.
After the visa stamp is issued, the exchange visitor will be eligible to return to the U.S. with the new J visa stamp, Form DS-2019, and other applicable travel documents. Upon clearing immigration inspection, exchange visitor should be admitted to the U.S. in J-1 status, with a new I-94 card endorsed accordingly. After OIA clearance you are thus eligible to begin your academic program as scheduled.
2) Changing Immigration Status by Application to USCIS
Submitting a Change of Status request (I-539) to the U.S. government allows the petitioner to remain in the U.S. while the decision is pending provided the application is filed in a timely manner. This means that the current nonimmigrant status must still be valid when the government receives the I-539 Change of Status application. Please note that individuals in B-2 and J-2 status may encounter special consideration and should contact an International Visitor Advisor in OIA for further guidance
Checklist for visitor applying for change of status to J-1:
- Submit completed J-1 Biodata form along with appointment letter
- Complete and submit Form I-539 to your advisor along with fee in the form of a personal check or money order payable to USCIS in the amount of $300.00
- Provide Two legible copies of financial support documents (appointment letter, bank statements, etc)
- Two legible copies of front and back of Form I-94
- Two legible copies of visa stamps and passport expiration page
- Two legible copies (front and back) of all immigration documents issued since entry into the U.S.
- After receipt of SEVIS number and Program number from International Advisor, go online to www.fmjfee.com to pay the required SEVIS fee. Print the screen as a receipt of payment. This will be submitted with the I-539 Application as evidence of payment.
Any questions related to the issuance of Form DS-2019 should be directed to the International Visitor Advisors by email at utoiahouston@uth.tmc.edu or by fax: 713/500-3189 or telephone: 713/500-3176.
Last Updated 01.04.2011
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