International Exchange Visitors - J Visas

Frequently Asked Questions - J Visas

1. How long may I stay in the U.S. on my J-1 visa?

When you enter the United States on an exchange visitor visa, you will usually be admitted for the duration of your program. The immigration inspector at the USCIS (formerly INS) at the port of entry makes the final decision on how long anyone may stay in the U.S.

2. What is "The Two Year Rule?"

"The Two Year Rule" is the common term used for a section of immigration law which requires that many exchange visitors return to their home countries and be physically present there for at least two years after the conclusion of their exchange visit before they can be issued certain types of nonimmigrant work visas, specifically H-1, L-1 and immigrant visas.

It is important to note that only a preliminary finding of whether the 'two year rule' applies to you is made on your DS-2019 when your J-1 visa is issued. The final decision is made only when/if you choose to apply for an H-1, L-1 or Immigrant visa.

Only after two years may these persons apply again for certain types of nonimmigrant visas. Individuals are not permitted to remain in the United States and apply for an adjustment/change of status to a prohibited nonimmigrant status, for example, from a J-1 to H-1 visa. Individuals also cannot apply for permanent resident status, without first returning home for two years, and will need an approved waiver.

Whether you are subject to the 'two year rule' is determined by a number of factors. These include your source of funding and whether your area of study is included in the Department of State's "Skills List". It is not determined by the amount of time you spend in the U.S.

3. Can the "The Two Year Rule" be waived?

The Department of State's Visa Office is the final authority on whether an applicant is actually subject to the rule, regardless of whether it was annotated in your passport or not. Only that office can decide to waive the 'two year rule'.

If you are subject to the 'two year rule' requirement, you may be able to obtain a waiver, and thus be eligible to apply for visas normally prohibited for those subject to the 'two year rule'. You can find instructions on how to apply for a waiver here. You can also download a copy of the form needed to apply for such a waiver.

Please note that the Two-Year Rule applies only to the later issuance of H (work), L-1 (intra-company transfer), K-1 (fiancé) or Immigrant visas. Even if subject to the 'two year rule', you may still qualify for the issuance of a tourist visa, or any other nonimmigrant visa except for those noted above.

4. My exchange program involves working in sensitive technologies; will I experience delays with my visa application?

Possibly. Students, exchange visitors and foreign scientists who apply for a non-immigrant visa to work with or study sensitive technologies have been subjected to inter-agency security review procedures since 1998. These review procedures require the names of these applicants to be checked through law enforcement, intelligence and other federal agencies before a visa can be issued to an otherwise qualified applicant.

We are working with the involved agencies to achieve quicker processing of the applicants subject to these procedures, without compromising national security. Visas continue to be reviewed on a case-by-case basis.

Please apply early to avoid any possible delay in obtaining a visa.

5. What is the SEVIS system and how does it affect me?

The Student and Exchange Visitor Information System (SEVIS) program requires schools and exchange programs to verify the enrollment status of all continuing and new foreign students and exchange visitors.

For most students and exchange visitors, the SEVIS system should not affect either their ability to qualify for a visa, or the time it takes to process their case. However the visa cannot be issued until your SEVIS fee has been paid. Applicants applying with I-20 or DS-2019 forms processed after 1 Sept 2004 are required to provide the SEVIS I-901 fee receipt as proof of payment. You can pay this fee by Western Union Quick Pay Service, by credit card (VISA, Mastercard, or American Express) at www.fmjfee.com or by sending a US dollar check or international money order to:

I-901 Student/Exchange Visitor Processing Fee
PO Box 970020
St. Louis, MO 63197-0020

Or

Courier the Form I-901 and payment to:

I-901 Student Exchange Visitor Processing Fee
1005 Convention Plaza
St. Louis, MO 63101

For more information on SEVIS please go to www.ice.gov/sevis.

All I-20 forms for students and DS-2019 forms for exchange visitors now have SEVIS information printed on the forms. These new forms are printed on a single sheet of paper and have a large black bar code down the top right hand side of the form. For more information on SEVIS, click here: SEVIS Fact Sheet.