J-1 Visa Change of Status: How to Change Your Nonimmigrant Status

Dec 3, 2022

12

min read

Traveling to a foreign country can be inspiring and exciting. The opportunity to engage in cultural exchange, master a foreign language, and even find a new career path can be hard to resist. This is one of the many reasons so many visitors in the United States seek a J-1 Visa change of status. Though we don’t recommend you to switch status and complete your program, we understand that things happen.

If you’ve come to the United States for fun, but might want to stick around for work, an internship is one of the best ways to get your foot in the door. An international internship in the United States is also a great way to grow your global understanding and professional network. You can get real-life experience and prepare yourself for the job market.

At Intrax Global Internships, we partner with thousands of companies seeking to hire top talent as international interns. As an U.S. Department of State designated J-1 Visa sponsor, we help companies and interns simplify and navigate the legalities of working across borders, remotely or in person.

Needless to say, if you’re looking to change your visit into a J-1 internship opportunity, you have come to the right place!

In this article, we’ll discuss the following:

What is a J-1 Visa?
Reasons to acquire a J-1 visa
Requirements for changing your visa
How Intrax Global Internships can help

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What is a J-1 Visa?

So what is the J-1 visa, and why should it matter to a nonimmigrant interested in getting an internship in the United States?

The J-1 visa is one of many visa options created by the U.S. Department of State’s Exchange Visitors Program (EVP) to encourage a robust global economy and diplomacy. This type of visa allows foreign university students and professionals to participate in educational and cultural programs in the United States for a specified period.

The J-1 visa program offers programs in the following categories:

Au Pair
Camp Counselor
College and University Student
Government Visitor
Intern
International Visitor
Physician
Professor
Research Scholar
Secondary School Student
Short-Term Scholar
Specialist
STEM Initiatives
Summer Work Travel
Teacher
Trainee

J-1 visa duration will vary depending on the type of J-1 program, but most interns are typically allowed to stay for up to 12 months.

To qualify for a J-1 internship visa, you must be currently enrolled in and pursuing studies at a foreign degree- or certificate-granting post-secondary academic institution outside of the United States, or have graduated from such an institution no more than 12 months before your start date.

There are also limitations and exceptions to consider. For example, interns cannot work in unskilled or casual labor positions or roles that include childcare, eldercare, or any other medical patient care or contact. In addition, interns can’t work in positions that require more than 20% clerical or office support work.

To acquire a J-1 visa, you’ll need an internship in one of the following occupational categories:

Agriculture, forestry, and fishing
Arts and Culture
Construction and building trades
Education, social sciences, library science, counseling, and social services
Health-related occupations
Hospitality and tourism
Information media and communications
Management, business, commerce, and finance
Public administration and law
Science, engineering, architecture, mathematics, and industrial occupations

To acquire a J-1 visa, you’ll need to work with a visa sponsor like us!

Reasons for a J-1 Visa Change of Status

So now that you understand what the J-1 visa is, you may wonder if a J-1 visa holder can change status. The short answer is yes. But there are specific guidelines and requirements to consider depending on your situation.

Almost all foreign nationals visiting the United States require a visa to enter. In addition, more than 40 nonimmigrant visa categories are used for a specific purpose. If a visitor finds themselves in a situation where their original circumstances have changed, they may have to apply to change their status.

A few of the most common reasons include the following:

Changing from a tourism visa, although we advise not to change your j1 status
Program duration extension
Transfer to a new program
Switching to a different type of visa

Let’s break down each scenario.

Another example would be that a program extension might be required if you signed on for a six-month J-1 internship program, but your program wants you to stay for an additional three months. In this case, you’ll need to file for a J-1 visa extension. [Extensions beyond the maximum program duration are allowed in specific program categories for exceptional circumstances, but must be approved by the Department of State.] You would need to discuss and work with your J-1 program sponsor to apply for a J-1 program extension.

If you’ve decided to change your host organization midstream, you may be allowed to transfer your visa status to the new host organization. However, the program must be in the same category as the original visa program. So if you originally acquired a J-1 visa for an internship in the hospitality and tourism industry, the new program would need to be in the same industry.

Finally, you may find yourself at the end of your J-1 visa duration, but have a new opportunity that would require you to stay in the United States. perhaps you’ve completed your program in finance and want to acquire an H-category visa to become a U.S. financial analyst. In cases like this, you may be limited in your options due to the 2-year rule, which states that some J visa holders cannot change visa status, cannot become lawful permanent residents, and cannot receive certain category visas until they either:

Return to their home country or last country of permanent residence for two cumulative years
Or accept a waiver for this requirement

If one of these situations sounds like you, you’ll want to make sure you follow the application process closely. There are a lot of different rules and regulations to navigate.

The J-1 visa is a non-immigrant visa and all Exchange Visitors who participate in the program should plan to return to their home country at the completion of their J-1 program.

Visa Waiver Program

The VWP enables nonimmigrants of participating countries to travel to the United States for tourism or business for 90 days or less without obtaining a visa. Travelers will need a valid Electronic System for Travel Authorization (ESTA) approval before their visit, and must meet all requirements.

This is an excellent option for those who seek to visit the United States for tourism within that 90-day window. Unfortunately, if you have entered the country through this program, you will not be able to change your visa status.

Anytime you plan to visit the United States, we recommend that you plan and make sure you apply for the correct visa from the jump!

Now, let’s get into the requirements for changing your visa.

Requirements for Changing Your Visa

While the State Department’s Exchange Visitor Program makes it easy for international students to learn and work in the United States, navigating a change of status isn’t quite as simple. Luckily, we’ve been navigating these rules for decades.

A word of caution: We recommend you begin the application process to change your status as soon as you determine that you need to change to a different category. Until you’ve received approval from the U.S. Citizen and Immigration Services, do not change your activity in the United States.

Two-Year Foreign Residency Requirement

It is not guaranteed that you’ll be able to overcome the J-1 visa 2-year rule. Some categories of J-1 Visa owners need to fulfill a cumulative 2-year foreign residency period before they can apply for another.

So who does this residency requirement apply? Those subject to this policy include J-1 visa holders who participated in the following:

a United States government-funded program
a program funded by an agency of the government of their country of permanent residence
a program funded by an international organization
a program centered around a field with specialized skills, such as engineering, law, biomedical sciences, construction, logistics, and public administration
a graduate-level medical education program

You can still pursue a waiver if you fall into one of these categories. There are reasons you may receive a waiver, including:

You’ve received a No Objection Statement issued by your home country or from your home country’s embassy.
You are a practicing physician and have accepted a full-time job providing medical services in an area of need.
If a U.S. agency determines that it is in the public’s best interest for your presence in the country.
If you’ve been granted a special hardship waiver and have a spouse or child that is a U.S. citizen.
If you will experience persecution based on your political affiliation, race, or religion in your home country.

Again, make sure you start changing your visa status as soon as possible. Navigating these regulations can take weeks and months.

Requirements of Extending Your Stay [For extenuating circumstances only]

If you only want to extend your J-1 visa stay in the United States, you or your employer must file a request with U.S. Citizenship and Immigration Services (USCIS) with Form I-539 before your current visa expires. You must file this application at least 45 days before your authorized stay expires to avoid being barred from returning or deported.

According to USCIS, you may qualify to extend your stay if:

You were lawfully admitted into the United States with a nonimmigrant visa
Your nonimmigrant visa status remains valid
You have not committed any crimes that make you ineligible for a visa
You have not violated the conditions of your admission
Your passport is valid and will remain valid for the duration of your stay

Remember, if you were admitted to the United States through a Visa Waiver Program, D nonimmigrant visa status, C nonimmigrant visa status, K nonimmigrant visa status, or S nonimmigrant visa status, you will not qualify.

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Other Visa Changes

There are some circumstances where you may want to change your visa status to an H nonimmigrant visa or F nonimmigrant visa. For example, maybe you’ve already completed a few internships in the United States and are pursuing new avenues.

An H1B visa is for nonimmigrants pursuing specialty occupations, services of exceptional merit and ability relating to a Department of Defense cooperative research and development project, or services as a fashion model of distinguished merit or ability.

The F1 visa is reserved for nonimmigrant students who want to live temporarily in the U.S. for their studies. This allows them to enroll in a U.S. academic program or English Language Program and maintain a full-time student status.

Changing J-1 visa to H-1

If you want to change from a J-1 visa to an H-1B visa, you’ll need to meet one of the following requirements:

You must have completed a Bachelor’s degree or higher in the field of your specialized skill set. The degree must be obtained from an accredited U.S. institution or a recognized foreign college or university.
You must be the owner of an unrestricted state license, certification, or registration that allows you to hold a job in the field of your specialized skill in the state in which you will be living.

For example, if you want to practice law in Massachusetts, you will have to pass the appropriate bar exam.

In addition, you must have proof that your job requires a Bachelor’s degree or higher, that the nature of your job requires skills derived from that Bachelor’s degree, and that your employer requires that degree to fulfill the job.

If you qualify and want to make this change, you’ll have to:

Find an H-1B Sponsor
Have your employer submit a Labor Conditions Approval (LCA) to the Department of Labor
Have your employer submit Form I-129
Complete an application at a U.S. Embassy or Consulate

Changing J-1 visa to F-1

Suppose you entered the United States through an internship program and want to continue your education at a United States academic institution. In that case, you’ll need to apply for a J-1 to F-1 status change. You’ll want to apply for this change once you’ve been admitted to a SEVP-approved school.

To qualify, you must:

Prove your financial ability to pay for an entire year’s tuition, living expenses, and insurance.
You will need to fulfill a two-year residency requirement or receive a waiver.

To apply, you’ll need to pay a SEVIS I-901 fee to be enrolled in the Student and Exchange Visitor Information System (SEVIS). Your school will provide you with an I-20 form that you will complete and present to your U.S. embassy or consular office. Here, you will complete a visa status change interview.

Start Your Global Internship Now

At Intrax Global Internships, we believe in the benefits of gaining international professional experience. That’s why we offer a fast and reliable J-1 Visa service that helps aspiring international students obtain a J-1 Visa work permit for their internship or training experience in America.

If you’re not sure about working with a company to tackle this process, let us point out a few benefits of working with Intrax Global Partnerships:

We’ll issue DS-2019 within two weeks of receiving your completed J-1 visa documents, conducting a phone interview with you and your host company, and receiving your payment.
Our online application and correspondence make things easy. You can complete the whole application process online.
Our program is affordable. You’ll only pay a program fee for the length of your internship. There are no extra fees for time spent in the U.S. before or after your internship.
We’ll work directly with your host company to help them complete their necessary documents.
We’ve been a designated J-1 visa sponsor through the U.S. Department of State since 2003.

If you don’t already have a company internship lined up, we can help you there too! We work with leading companies that believe in investing in top talent from foreign countries. From startups like Robinhood to marketing firms like Omnium, we can set you up with the internship opportunity of your dreams.

If you’re ready to start the J-1 visa application process or request information about our programs, we’d be happy to help!

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Posted

Dec 3, 2022

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Visas