If the prospective exchange visitor is currently in the U.S. in a different immigration status, there are two ways they could attempt to obtain the new J-1 status: USCIS Change of Status while remaining in the U.S. or consular process via re-entry to the U.S.
USCIS Change of Status While Remaining in the U.S.
This option allows the prospective exchange visitor to stay in the U.S. while they wait for the J-1 to be approved by USCIS. There are two separate phases of this process: applying for the DS-2019 with ISSS, then applying for the Change of Status with USCIS.
Overview of the Process
The average wait for individuals wishing to stay in the United States while their change of status can take several months or even longer. There is a Premium Processing option (for an additional fee) for someone needing to start their J-1 status soon. While you may be eligible to remain in the US while your Change to J-1 Status is pending, in all cases you must not begin J-1 activities, paid or unpaid, until an Approval Notice is received.
- Department requests a DS-2019 through MyISSS.
- If the application is approved after being reviewed for eligibility, ISSS issues a DS-2019 to the department. (Allow up to 4 weeks for processing).
- Applicant submits USCIS Change of Status materials and waits for the J-1 status to be approved. Pay special attention to the filing timeline requirements. ISSS is not able to advise on I-539 Change of Status filings.
- Notify ISSS as soon as the Change of Status is approved. Depending on the initial DS-2019 start date, an amended document might be needed.
Consular Processing and Re-entry to the U.S.
This process requires the individual to leave the U.S., apply for a J-1 entry visa at a U.S. consulate in their home country, and then return to the U.S. to enter in the new J-1 status.
Overview of the Process
- Department requests a DS-2019 through MyISSS.
- If the application is approved after being reviewed for eligibility, ISSS issues a DS-2019 to the department. (Allow up to 4 weeks for processing).
- Prospective scholar schedules visa interview using the information on the DS-2019, and pays the necessary SEVIS and visa fees to USCIS. This can happen while the person is still in the U.S., or after departing.
- The applicant follows the typical new J-1 scholar visa process and returns to the U.S. in J-1 status.