The items below are a summary of important J-1 regulations and procedures. They are not intended to be a source of complete information. They are intended to give general information about key J-1 regulations and procedures to J-1 visiting professors and scholars whose DS-2019 was provided by the Texas International Education Consortium (TIEC) for Texas State University-San Marcos. If you need further information about any of the items or other J-1 regulation questions, make an appointment to see an international student advisor at the International Office (IO). Learn about any updates on our web page or by making an appointment to see an international advisor at the International Office.

1. The Exchange Visitor Program
   
   The Exchange Visitor Program provides opportunities for internationals come to the United States for a variety of educational and cultural exchange purposes under the sponsorship of a school, an agency, or an organization that has been designated as an exchange visitor sponsor by the United States Department of State.
   
   The Texas International Education Consortium (TIEC) is a designated sponsor for the exchange visitor program at Texas State University. To determine if the TIEC is your program sponsor, look at item #2 on your Certificate of Eligibility for Exchange Visitor (DS-2019 form).
   

   
   

2. Employment 
   
   Definition of "employment"
   "Employment" is any type of work performed, or services provided in exchange for money, tuition, fees, books, supplies, room, or for any other benefit. If you receive no pay or other compensation for work performed, the activity is not defined as "employment, but is considered to be volunteer work."
   
   The exchange visitor may receive compensation from the sponsor when the activities are part of the visitor's program. To work for any employer other than the school named on the DS-2019, you should make an appointment to see an international student advisor. The employment must be directly related to your program objectives, incidental to your program activities, and should not delay completion of your program. In addition, it must be approved by your department head or supervisor.
   
   With the sponsor's permission, professors and research scholars may participate in occasional lectures and short-term consultations. These activities must be directly related to the objectives of the exchange visitor program, incidental to the exchange visitor's primary program activities, and not delay the completion date of the exchange visitors program. 
   
   The exchange visitor is prohibited from engaging in unauthorized employment. Engaging in unauthorized employment is in violation of the regulations and subjects the exchange visitor to termination from the program. One form of unauthorized employment is working or continuing to work without a valid DS-2019. In other words, any work performed after an DS-2019 has expired is unauthorized.
   

   
   

3. Program Length
   
   The maximum program length is 5 years. Please note that J-1 Exchange Visitors are required to leave the United States within 30 days of the date your department indicates you have completed your program, even if the period on your DS-2019 is longer.
   

   
   

4. Program Extensions within the 5 year program length
   
   Requests for extensions are initiated by having your department complete and submit a new DS-2019 request form to the IO. You should begin this process at least two months prior to the end date on your current DS-2019. Your extension will be processed at TIEC. Once your DS-2019 is completed, you may pick it up at the IO.
   
   
5. Travel Outside the United States During Your Stay
   
   Prior to traveling outside the U.S. with the intent to return in your current program status requires the signature of the RO or ARO in Austin. If you plan to travel outside the United States please notify the IO at least three weeks before you plan to leave so we can recommend what type of documentation you may need and so that there will be enough time to obtain the signature or documentation. When you travel outside the United States and you plan to return to the United States during the time of your J-1 program, you must take a properly endorsed DS-2019 with you. Under some circumstances it will be necessary for you to obtain a new DS-2019. If your visa and your DS-2019 are valid, it is likely that you will only need a signature of the RO or ARO on the back of your current DS-2019. Please bring your current DS-2019, passport, and I-94 card with you when you come to our office.
   
   
6. Transfer to Another Program
   
   An exchange visitor may transfer from one program sponsor to another if the purpose of the transfer is to complete the objective for which he or she was admitted to exchange visitor status and if the exchange visitor remains in the same category. The transfer is accomplished through correspondence between the two Responsible Officers and notification to the U.S. Department of State. It is recommended that the exchange visitor begin the transfer process at least 60 days prior to the proposed starting date with the new sponsor to allow for processing of paperwork. Any employment under the new sponsor may not commence until the transfer has been approved. Transfer procedures must be completed before terminating employment at Texas State
   

   
   

7. Change of Category
   
   In general, a change of category is not permitted. At the discretion of the U.S. Department of State, an exchange visitor may be permitted to change categories (i.e. change from a J-1 Research Scholar to J-1 Student). A change of category must be consistent with and related to the participant's original objective. Sometimes, a change in category is considered a change of objective and is not permitted. If the exchange visitor applies for a change in category and it is rejected by the U.S. Department of State, the exchange visitor is expected to leave the country within 30 days of receiving the notice or within 30 days of the expiration date of the exchange visitor's current DS-2019, whichever is later. An approved application for change of category should be received by the J-1 exchange visitor before the exchange visitor begins activities in the new category. The exchange visitor is considered to be in legal status while the application is under consideration by the U.S. Department of State.
   

   
   

8. Limitation of Consecutive Program Participation
   According to the DOS, an individual who has participated in the Exchange Visitor Program as a professor or researcher becomes subject to a two-year bar on “repeat participation” in those categories under two circumstances:

   i.   If the exchange visitor completes a full five years of program participation with one or more sponsors; or

   ii.  If the exchange visitor completes a particular exchange visitor program, and   the SEVIS record becomes Inactive before the full five-year period is over. In this case, the five-year window is “closed,” the individual is not eligible to access the remaining unused time, and the individual must wait for two years before beginning a new program as a J professor or research scholar.

                   The second circumstance subjects the participant to the two-year bar regardless of how much time he or she spent on the program.

   b) Application of Two-Year Bar to Participant Who Completed Programs Prior to SEVIS 5.4.
   The 2-year bar will apply only to those who completed their program on or after the new rule becomes effective.

   c) When the Short-Term Scholar category can be used to avoid the two-year Bar?

   The maximum duration of stay as a short-term scholar is 6 months. Choosing to invite a visitor in the Short Term Scholar category rather than the Professor or Research Scholar categories may require making the expected duration of program participation more defined in advance of the exchange.

    

                   d) Does this two-year bar replace the one-year bar?

    

   No. A former J-1 scholar is not eligible to begin an exchange program as a professor or research scholar based on a DS-2019 issued to begin a new program if he or she was physically present in any J status (including J-2 status) for all or part of the twelve month period immediately preceding the date of program commencement set for on his or her Form DS-2019. In this case, the 12-month bar is applicable. This general rule has three exceptions:

   ·         J-1 transfers

   ·         In J status for less than 6 months. (If he/she was in research scholar or professor category, he/she will be subject to a two-year bar)

   ·         In J status as a short-term scholar

   
   

   
   

   
   
9. The Two-Year Home-Country Physical Presence Requirement
   Some J-1 exchange visitors and their J-2 dependents are subject to this requirement. Upon the completion of the J-1's program objectives, the J-1 and J-2(s) are expected to return to their country within 30 days or within 30 days of the expiration date on your DS-2019, whichever is sooner. If you are subject to this requirement, you are restricted from changing to some other types of nonimmigrant status, and restricted from changing to permanent residency. Under certain circumstances you may apply for a waiver of this requirement. Processing the application may take up to one year.
   
   Note, if you receive a waiver, you are not permitted to apply for an extension of your DS-2019. Consequently, once the waiver is received, you should take steps to change to some other non immigrant status.It may take up to one year to receive a reply to a waiver application. Therefore, you should make sure that you have sufficient time indicated on your DS-2019 to apply for the waive.
   
   

   
   

10. Health Insurance Requirement
    
    Federal law requires that J-1 Exchange Visitors have health insurance for themselves and their J-2 dependents for the full duration of the J-1 program. The type of health insurance needed must meet specific coverage requirements. If you fail to obtain health insurance or if your health insurance does not meet the necessary requirements for you or your dependents, your J-1 sponsor must terminate your program and report the termination to the U.S. Department of State.      
       
    

    
    

11. J-2 Dependents
    
    In order to invite family members (i.e. husband, wife, or children) to join you on the J-2 visa you should submit an DS-2019 request form to IO. After you pick up the DS-2019, you should send it to your dependents so that they may apply for a J-1 visa at a United States Embassy or Consulate.
    
    J-2 dependents may apply for employment authorization with the Immigration and Naturalization Service (CIS) as long as the income from the employment is not needed to support the J-1 exchange visitor and his/her dependents. Ask for a handout about J-2 employment and an I-765 form at the front desk of the IO.
    
    J-2 dependents who want to change to J-1 status must do so at least within 6 months of their initial arrival to the United States while the J-1 participant is still in the U.S. and in lawful J-1 status.
    
    

    
    

12. Reinstatement Procedures
    
    If a J-1 exchange visitor violates his or her J-1 immigration status, it is possible to apply to be reinstated to lawful J-1 status in some cases. Reinstatement applications are approved or denied at the discretion of the U.S. Department of State. If a reinstatement application is not approved, the exchange visitor's program will be terminated and the exchange visitor will be required to leave the United States.

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