J-1 Visa FAQs
Here are some common questions and answers about maintaining J-1 visas.
Frequently Asked Questions
Q: Why do I need a DS-2019?
A: The DS-2019 permits you to live and work in the U.S. You can also use it to apply for a new J visa at a U.S. embassy/consulate. The expiration date of your J status is listed in Section 3. The DS-2019 does NOT extend your J visa in your passport. The DS-2019 permits you to live and work in the U.S. You can also use it to apply for a new J visa at a U.S. embassy/consulate. The expiration date of your J status is listed in Section 3. The DS-2019 does NOT extend your J visa in your passport.
Q: What should I do with this new DS-2019?
A: Review the DS-2019(s) and sign it in English at the bottom left side just above the line on the form that says "Signature of Applicant." The "place" should be listed as "Boston" and you should write the date that you sign it on the right. If you have J-2 family dependents with you, a DS-2019 must be completed for each dependent. If applicable, you can sign for any minor children, and your spouse may sign his/her own DS-2019.
Q: What should I do with my old DS-2019s?
A: Keep them in a safe place for your records and travel with the newest DS-2019. It is a good idea to travel with all of your DS-2019s if you need to apply for another J visa at an American Embassy/Consulate.
Q: My J visa stamp in my passport will expire soon. Is it OK to stay in the U.S with an expired J visa in my passport?
A: Yes, you can live and work in the U.S. with an expired J visa. You do not need a valid J visa stamp in your passport in order to stay in the U.S. That’s because the J visa stamp is only a travel document so that you can enter the U.S. While the J-1 visa in your passport can expire, your passport must always be valid at least 6 months into the future even if you are not traveling. If your passport will expire within the next year, ask about passport extension procedures with your home country's embassy/consulate in the U.S.
Q: When do I need a valid J visa in my passport?
A: You must have a valid visa when entering the U.S. from outside of the U.S., Canada, Mexico and the Caribbean. If you do not already have a valid J visa in your passport, you will need to obtain another J visa from an American Consulate/Embassy while you are abroad. You may have to pay an application fee for the visa, but you do not have to pay the SEVIS fee again (bring your previous SEVIS fee receipt with you to confirm previous payment).
Q: How long will it take to get a new J visa in my passport?
A: Visa processing times at U.S. embassies/consulates will vary. Some visa applications require more than 30 days due to “Administrative Processing” security/background checks. While “Administrative Processing” at a U.S. embassy/consulate is infrequent, be aware that:
- “Administrative Processing” can happen during any visa application, even if you have already legally been living in the U.S.
- It is not possible to ask whether “Administrative Processing” will apply to you before you apply for the visa.
- It is not possible to expedite “Administrative Processing.”
- “Administrative Processing” normally lasts 30 to 60 days..
- You should always purchase flexible/refundable plane tickets if you will apply for a visa
Q: How long can I stay in the U.S. with J visa status?
A: The category of your J status is listed in Section 4 of your DS-2019 -- each category has its own maximum period of stay.
- “Research Scholars” may extend their J-1 status for a total stay of 5 years.
- “Short-term Scholars” may work for a maximum period of 6 months.
- “Specialists” may work for a maximum period of 1 year.
Q: How can I work in the U.S. for more than the maximum period of stay allowed in my category of J visa status?
A: Most people who need more than the maximum period of stay have their J-1 visa status changed to H-1B visa status after their J visa status has been fully extended. Select to see more information about changing your visa status.
Q: What is a two-year home residency?
A: Some J-1 Exchange Visitors may have a two-year home residency requirement, also known as Section 212(e). An Exchange Visitor who has a two-year home residency must first live in their home country for two years OR obtain a "Waiver" of the requirement from the U.S. government if they want to obtain H, K, or L visa status, change to any other visa status without leaving the U.S., or get a green card. A Waiver is permission from your home government and the U.S. government to be released from the two-year home residency.
Exchange Visitors have a two-year home residency if any of the following reasons apply:
- They come to the U.S. with money provided either by their home country government, the U.S. government, or some international organizations that receive government money.
- Their country of citizenship or country of last permanent residence appears on the U.S. Department of State's Skills List and the J-1's skill is on the list.
- They come to the U.S. to obtain medical training under Educational Commission for Foreign Medical Graduates (ECFMG) sponsorship.
J-2 family dependents will also have a two-year home residency if the J-1 has a two-year home residency. The two-year home country residence requirement and other conditions of J-1 status are explained to the J-1 Exchange Visitor on the second page of the DS-2019.
Q: What if I am not sure whether or not I have a two-year home residency?
A: The U.S. Consular Officer and/or the Immigration Officer at the port of entry usually makes a judgment as to whether the J-1 Exchange Visitor is or is not subject to this requirement. The determination is noted in the lower left side of the Exchange Visitor’s DS-2019 and/or on the J visa page of the individual’s passport.
However, it is important to note that these notations from the U.S. Consular Officer and/or the Immigration Officer may not be correct. If you are not sure whether or not you have a two-year home residency, PIPS can review your visa documents and you may also request an Advisory Opinion from the U.S. government.
An Advisory Opinion is a request for U.S. government to review your visa documents and provide a statement as to whether you have a two-year home residency (please note that the Advisory Opinion is not a Waiver; a Waiver is an official release from the two-year home residency whereas the Advisory Opinion is only a clarification as to whether you have a two-year home residency). If you would like a letter template for the Advisory Opinion so that you do not have to write your own letter, please use our Contact Us form to request the Advisory Opinion letter template.
Q: Do I need to apply for a Waiver?
A: If you do not intend to stay in the U.S. after your maximum allowed period of stay of J visa status, you do not need to do anything about your two-year home residency and should not apply for a Waiver. If you would like to stay in the U.S. for more than the maximum allowed period of stay, you should apply for a Waiver about 15 to 17 months before your maximum allowed period of stay.
Applying too early or too late could significantly limit your future visa options (you will not be able to transfer your J visa status or get another extension of your DS-2019 after you get the actual Waiver). You can start the Waiver process on the U.S. Department of State website and contact your country’s Consulate/Embassy in the U.S. for a “No Objection Statement.” The entire process can take many months.
If you have started the J waiver process do not travel outside the U.S. while the waiver is pending or after the waiver is approved. International travel will negatively impact the waiver.
Q: Can I present at a conference, lecture, or work somewhere else in addition to my current hospital?
A: J-1 visa holders are authorized to perform research only at the hospital noted on the DS-2019 (the hospital’s main address will be listed on the DS-2019 at the bottom of Box 1) and may engage only in the activity for which the DS-2019 was originally issued.
Any additional employment, salary, lecturing and/or consulting must be related to your current research and requires a permission letter from PIPS before the participation occurs. In order for our office to issue a permission letter, you are required to provide two letters to our office specifying the following items:
- One letter from the offerer setting forth the terms and conditions to present/lecture/consult, including the duration, number of hours, field or subject, amount of compensation (if any), and description of the activity.
- One letter from your current hospital's Principal Investigator/supervisor recommending such activity, specifically explaining how the activity is related to your current research project, and how the additional activity would enhance your current program.
Please note that this process of providing letters is legally required for each time you would like to participate in additional conferences, lectures, consultations, etc. even if you are not paid for your participation.
You are permitted to work outside of the U.S. without permission from PIPS.
Q: What if I am outside the U.S. and forgot my DS-2019?
A: If you left the U.S. and forgot to take your DS-2019 with you, PIPS can send you a new DS-2019 using an eShip Global shipping label order number. Please click here for eShip Global instructions. Please click here to access the eShip Global shipping service. Please be sure to select Partners Healthcare as the selected university, not Harvard University. Once you have created an eShip Global order number, please email PIPS (pips@partners.org) requesting a new DS-2019 document, and include the eShip Global order number in your email.
For additional travel information, please click here.
Q: What if I am travelling outside the U.S. with a DS-2019 that has an expired travel signature (a travel signature more than 12 months old at the time of re-entry to the U.S.)?
A: Immigration officials have the discretion to readmit you for up to 30 days. You will be given a Form I-515A and I-94 card that has a 30-day admission period. The SEVIS government database will also alert PIPS if you have received an I-515A when you re-enter the U.S. It is very important that you report the I-515A to PIPS immediately after issuance. PIPS will instruct you on how to correct the I-515A to extend your permission to remain in the U.S., i.e. returning your "Admit Until" Date on your record to "D/S."
For additional travel information, please click here.