J-1 student visas are for individuals in the U.S. as exchange visitors for the primary purpose of studying at an academic institution under the auspices of the Department of State and a designated program sponsor. A J-1 student must be full-time in a degree seeking program. J-1 student visa holders may work 20 hours on-campus during the academic year and 40 hours on-campus during breaks and holidays with written permission from the Office of International Services (OISS).

J-1 student intern visas allow you as a student from outside the U.S. to participate in an internship (up to 12 months) in a field related to the degree you are pursuing at your home institution. You must be a full-time, degree-seeking student intern to hold this status. You do not take classes at WSU during your internship.

J-1 visa holders require a DS-2019, which is a certificate of eligibility for Exchange Visitor status.

Dependents of a J-1 visa holder (including spouses and children under 21) receive a J-2 visa. All other family members must apply for a B-1 or B-2 visitor's visa to gain entry to the United States.

Learn more about obtaining a visa online at U.S. Immigration and Customs Enforcement - Student/Exchange Visitors.

There are several forms you may need to complete as a J visa holder. Please visit the appropriate section of the Immigration and Visa Forms page to access this paperwork. Please talk with an OISS advisor with any questions you have about forms that you need to submit.

Physical presence requirement

J visa holders are subject to the two-year home country physical presence requirement. This means that, unless an exchange visitor either complies with or is granted a waiver of the two-year requirement, he or she:

• Is not eligible to obtain an H or L visa at a U.S. consulate;
• Is not eligible for lawful permanent resident status;
• Is not eligible to change status from J to any other nonimmigrant status from within the U.S., except to A (diplomatic) or G (employee of an International Organization) status. In most cases, USCIS will also not approve a change from J-2 to J-1 or vice versa.

Please note that an exchange visitor who is subject to this rule may still leave the U.S. and apply for a new visa category other than H or L. For example, a J-1 may leave the U.S. and apply for an F-1 visa overseas even though he/she may not change status to F-1 within the U.S. Entering the U.S. with a new visa, however, does not relieve the exchange visitor of the obligation to fulfill the two-year requirement at a later date.

You are subject to the requirement if:

• Your J-1 participation is or was funded in whole or in part, directly or indirectly, for the purpose of exchange, by your home government or the United States government;
• As a J-1 exchange visitor, you are acquiring a skill that is in short supply in your home country, according to the Exchange Visitor Skills List;
• You have participated as a J-1 in a graduate medical education or training program, i.e., residency, internship, or fellowship, sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG); or
• You are a J-2 dependent of an exchange visitor who is subject to the requirement.

If you have ever been subject to the requirement in the past, and have neither obtained a waiver nor fulfilled it by spending two years in your country, it still holds -- even if a more current Form DS-2019 reflects no basis for such a requirement.

If you are unsure about whether or not you are subject to the requirement:

1. See an OISS adviser. Be sure to bring your passport, all copies that you have of Forms DS-2019s, and your Form I-94.
2. If an OISS scholar advisor determines that the preliminary endorsement is incorrect, OISS will write to the Department of State (DOS), which is responsible for the administration of the Exchange Visitor program and the two-year requirement, for an Advisory Opinion.

Waiver of the Requirement

If an exchange visitor subject to this rule does not wish to fulfill the requirement, he or she may be able to obtain a waiver. If the waiver is approved, it is as if the two-year requirement never existed. More detailed information is available on the Department of State website.

If you have any questions, please do not hesitate to contact an OISS scholar advisor for more information.

J-1 Reinstatement

J visa holders will need to apply for reinstatement under the following circumstances:

• If a J visa holder is out of valid program status for more than 120 days after the end date on the current Form DS-2019; or
• If a J visa holder fails to maintain a full course of study without prior approval by a Responsible Officer (RO) or Alternate Responsible Officer (ARO) 

The Department of State (DOS) will not consider requests for reinstatement when an exchange visitor has:

• Knowingly or willfully failed to maintain the health and accident insurance required at all times while in the U.S.;

• Has engaged in unauthorized employment;

• Has been suspended or terminated from the most recent exchange visitor program;

• Has failed to maintain valid program status for more than 270 days;

• Has received a favorable recommendation from the Department of State on an application for waiver of section 212(e) of the Immigration and Nationality Act (the Two-Year Foreign Home Residency Requirement); or

• Failed to pay the fee mandated by Public Law 104-208 (the "SEVIS" fee) once implemented.

Violations less than 120 days

If it is determined that the violation of the regulations is a substantive one, and that the exchange visitor has failed to maintain valid program status for 120 days or less, the RO/ARO will initiate an application for reinstatement to DOS through SEVIS first.

After submitting the request in SEVIS, the following must be mailed to the Department of State:

• Fee of $246, payable to U.S. Department of State
• A written statement from the RO/ARO that contains a declaration that the exchange visitor was pursuing or intending to pursue the original program activity for which he or she was admitted to the U.S. In addition, the letter should explain either.
  • that the violation of status was either due to circumstances beyond the control of the exchange visitor, or that it was due to administrative delay or oversight, inadvertence, or excusable neglect on the part of the exchange visitor or RO/ARO; or
  • that it would be an unusual hardship to the exchange visitor if DOS does not grant the reinstatement
• Copies of all previous Forms DS-2019 issued to date.

Mail the above to:

Office of Exchange Coordination and Designation
Bureau of Educational and Cultural Affairs
U.S. Department of State
301 4th Street, S.W., SA-44, Room 734
Washington, DC 20547

Violations of more than 120 days

Exchange visitors who have been out of status for more than 120 days must show both inadvertence and circumstances beyond their control and unusual hardship if the reinstatement were not granted. All other elements of the request are the same.

Notification of reinstatement

If DOS determines that reinstatement is warranted, it will notify the RO/ARO that the request has been approved, at which point the RO/ARO can access the SEVIS record and issue a Form DS-2019.

A DS-2019 approved for reinstatement will be approved as of the date of receipt of the DS-2019 and will not be nunc pro tunc (i.e. will not be effective back to the date on which the exchange visitor first failed to maintain status).

If you need more information, please see an OISS advisor.