Key Regulations

The transfer of an Exchange Visitor from one program sponsor to another may be allowed at the discretion of the Responsible Officers for both programs. The transfer may be permissible if the purpose of the transfer is to complete the objective for which he or she was admitted to the exchange visitor status and if the exchange visitor remains in the same category.

The responsible officer of the program to which the participant seeks to transfer is required to verify the participant's visa status and eligibility, to issue a new Form DS-2019 reflecting the transfer, and to obtain the release of the participant from the current responsible officer, who indicates approval of the transfer by completing and signing block 8 of the new Form DS-2019.

Things to remember:

• Transfer must be within the same J-1 category.
• Transfers are not permitted in all categories, and
• a transfer does not extend the maximum duration of the program category.

Exchange visitors should address all inquiries regarding change of category to the responsible officer of their programs.

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 University.

J-1 Exchange Visitors who would like to transfer to Texas State University must fill out the TIEC Transfer-in Form and email a completed copy to internationalscholars@txstate.edu.

J-1 Exchange Visitors who would like to transfer to Texas State University must fill out the TIEC Transfer Out Form and email a completed copy to internationalscholars@txstate.edu.

The 12 and 24-month bars promote educational and cultural exchange by restricting a person's eligibility to participate as a J-1 professor or research scholar if the prospective Exchange Visitor has already participated in the J-1 Exchange Visitor Program. The bars refer to how long a potential Exchange Visitor must wait between exchange programs as a professor or research scholar.

Regulatory citation: 22 CFR 62.20(i)(2)

(2) Repeat participation. Exchange participants who have entered the United States under the Exchange Visitor Program as a professor or research scholar, or who have acquired such status while in the United States, and who have completed his or her program are not eligible for participation as a professor or research scholar for a period of two years following the end date of such program participation as identified in SEVIS.

The 12 and 24-month bars on repeat Exchange Visitor participation for the  professor and research scholar categories is different from the Two-year Home-Country Physical Presence Requirement.

Depending on your previous J category, you may or may not be subject to a 12 or 24-month bar. If you have never had J visa sponsorship, then the 12 and 24 month bars do not apply to you.

12-Month Bar

The 12-month bar focuses on initial participation as a professor or research scholar. A prospective Exchange Visitor is not eligible to begin a new program if he or she was physically present in any J status for any time in the 12 months prior to the program start date.

Exceptions include:

• The time in J status was in the J-1 short-term category
• The time in J status was of less than 6 months duration
• The Exchange Visitor is currently in the professor or research scholar category and is transferring to a new program sponsor

24-Month Bar

The 24-month bar addresses repeat participation as a J-1 professor or research scholar. An individual who participates in an exchange visitor program as a professor or research scholar becomes subject to a 24-month bar on repeat participation in two circumstances:

1. If the professor or research scholar completes a full five years of program participation with one or more sponsors
2. If before the full five year period is over, the professor or research scholar completes his or her program even if the program duration is shorter than the 5-year maximum limit. In this case the five-year window closes. The individual must wait two years before beginning a new program as a J-1 professor or research scholar.

An individual who has completed a program as a J-1 Professor or Research Scholar within the past 12 months may technically be subject to both the 12-month and the 24-month bars (since the 12-month bar applies to participation in any category except Short-Term Scholar). As a practical matter, though, the 24-month bar is the more relevant one to a former Professor or Research Scholar, because even after meeting the 12-month bar, he or she would still have 12 more months remaining to satisfy the 24-month bar.

The 24-month bar is separate from the INS 212(e) - two-year home country physical presence requirement.

The 12 and 24-month bar focuses on initial participation as a professor or research scholar and the 24-month bar addresses repeat participation as a J-1 professor or research scholar.

This chart displays the wait time needed before an Exchange Visitor can return to the US as a Professor or Research Scholar.

*Any amount of time refers to any time spent physically present as a J-1 Professor or Research Scholar (or as a J-2 dependent of a J-1 Professor or Research Scholar). An Exchange Visitor can begin or return as a Professor or Research Scholar after 24 months from the Exchange Visitor's Program End Date or Effective Date of Completion.

Some J-1 exchange visitors are subject to the two-year home-country physical presence requirement. This includes current and former exchange visitors.

When you agree to participate in an Exchange Visitor Program and your program falls under the conditions below, you will be subject to the two-year home-country physical presence (foreign residence) requirement. This means you will be required to return to your home country for two years at the end of your exchange visitor program. This requirement under immigration law is based on Section 212(e) of the Immigration and Nationality Act. For more information, please visit the US Department of State website. 

Two-year Home-country Physical Presence Requirement Conditions - An exchange visitor is subject to the two-year home-country physical presence requirement if the following conditions exist:

• Government funded exchange program - The program is financed in whole or in part directly or indirectly by the U.S. government or the government of the exchange visitor's nationality or last residence;
• Graduate medical education or training - The exchange visitor entered the United States to receive graduate medical education or training;
• Specialized knowledge or skill: Skills List - The exchange visitor is a national or permanent resident of a country which has deemed the field of specialized knowledge or skill necessary to the development of the country, as shown on the Exchange Visitor Skills List. Review the Exchange Visitor Skills List 2009.

Restrictions - If you are subject to the two-year home-country physical presence requirement, you must return to your home country for a cumulative total period of at least two years. You are not prohibited from traveling to the U.S., however, you cannot do any of the following until you fulfill this requirement:

• Change status while in the United States to the nonimmigrant categories of temporary worker (H) or intracompany transferee (L);
• Adjust status while in the United States to immigrant visa/lawful permanent resident status (LPR);
• Receive an immigrant visa at a U.S. Embassy or Consulate; or
• Receive a temporary worker (H), intracompany transferee (L), or fiancé (K) visa at a U.S. Embassy or Consulate.

See References – U.S. Laws, numbers 1, 2, and 3, on the U.S. laws that created the two-year home-country physical presence requirement.

Waiver of Two Year Home-Country Physical Presence Requirement - If you are not able to fulfill the home country presence requirement, you may apply for a waiver. Review Waiver of the Exchange Visitor Two-Year Home-Country Physical Presence Requirement to learn more about this requirement and how to request a waiver.

Review the waiver eligibility website, which explains in detail the Five Bases for Recommendation of a Waiver to the 212(e), which under U.S. immigration law allow an Exchange Visitor to apply for a waiver of this requirement. An Exchange Visitor may only apply under one waiver basis.

The five statutory bases for recommendation of a waiver are:

1. a claim of Exceptional Hardship to a U.S. citizen or legal permanent resident spouse or child of an exchange visitor if the exchange visitor is required to return to the country of residence;
2. Persecution - a claim that the participant will be persecuted due to race, religion, or political opinions if he/she returns to the country of residence;
3. a request from an interested U.S. Federal Government Agency on the participant's behalf;
4. a No Objection Statement from your government; and
5. Request by a Designated State Public Health Department or its Equivalent (Conrad State 30 Program).

There is a provision in U.S. law for a waiver of this requirement by the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). The former exchange visitor must apply for the waiver. The Department of State, Waiver Review Division must recommend the waiver to USCIS. Learn more about requesting a waiver to 212(e) - Exchange Visitor Two-Year Home-Country Physical Presence Requirement.

For more answers to frequently asked questions (FAQ) visit the Department of State FAQ website.

How is employment defined?

Employment is defined as any type of work performed, or services provided in exchange for compensation in the form of 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.

J-1 students may apply for authorization for three kinds of employment:

1. Academic Training related to the course of study,
2. work related to academic funding or general on-campus employment, or
3. off campus employment authorization for unforeseen economic circumstances.

Each kind of employment has its own criteria and limits. Authorization must be obtained from TIEC prior to engaging in work.

Can exchange visitors receive compensation?

The exchange visitor may receive compensation from Texas State University when the employment activities are part of the Exchange Visitor's program.

The employment must be directly related to your exchange visitor program objectives, incidental to your program activities, and should not delay completion of your program.

How can J-1 exchange visitors engage in employment?

J-1 Exchange Visitors at Texas State University must receive employment authorization from TIEC prior to working on or off-campus. Exchange visitors are not permitted to work, receive payment or funds for reimbursement from any source outside Texas State University unless previously authorized by TIEC.

Do not work without authorization from TIEC. Participation in unauthorized employment, including working beyond the program end date as stated on the Form DS-2019, is in violation of the regulations and may result in termination and loss of J-1 status. Refer to the J-1 Category website for information on Student and Scholar Employment.

Degree-seeking or non-degree J-1 students can be authorized by their J-1 sponsors for three kinds of student employment:

1. Employment pursuant to a scholarship, fellowship, or assistantship
2. Employment conducted “on the premises” of the institution that the student is attending
3. Employment that occurs off-campus, which is necessary because of serious, urgent, and unforeseen economic circumstances that have arisen since acquiring exchange visitor status.

The total number of hours a student may engage in student employment may not exceed 20 hours—except during vacation periods and school breaks. Authorizations may be approved by TIEC for up to twelve months and may be renewed if the student continues to be eligible for such employment.

Employment Eligibility

A student may engage in employment as provided in paragraph if the:

• Student is in good academic standing at the post-secondary accredited academic institution;
• Student continues to engage in a full course of study, except for official school breaks and the student's annual vacation;
• Employment totals no more than 20 hours per week, except during official school breaks and the student's annual vacation; and
• TIEC has approved the specific employment in advance and in writing. Such approval may be valid up to 12 months, but is automatically withdrawn if the student's program is transferred or terminated.

J-1 Students are not permitted to engage in work without prior approval from TIEC.

To request work authorization, contact ISSS at internationalscholars@txstate.edu. Include the following information:

1. Name of employer
2. Employer address
3. Number of hours per week
4. Employment start date
5. Employment end date
6. Employment location: On or Off campus
7. Employment type:
   • Assistantship
   • Fellowship
   • Scholarship
   • Other on campus (describe)
8. If work is off-campus, describe work duties

J-1 scholars, including professors, research scholars, and short-term scholars, may be authorized by the J-1 sponsor for activities consistent with the Exchange Visitor’s category and primary program objectives.

• Scholars may be authorized for employment for teaching and/or research
• May take place with the sponsor’s institution and/or at a third-party site to facilitate the exchange visitor’s program
• Each site of activity must be recorded in the Exchange Visitor's SEVIS record
• Remuneration paid to the Exchange Visitor should be reflected in the Exchange Visitor's SEVIS record and Form DS-2019
• Short-term engagements may be authorized by the J-1 sponsor under J-1 provisions allowing for “occasional lectures and short-term consultations”
• The Exchange Visitor must acquire a letter from the site presenting the offer and a letter from the Exchange Visitor’s department recommending the activity. The Exchange Visitor presents both to TIEC for authorization.

Occasional Off-Campus Employment

TIEC may authorize occasional off-campus work such as lectures or short-term consulting that are incidental to the Exchange Visitor's primary program activities. TIEC has discretionary authority with determining if an Exchange Visitor is eligible to receive compensation or reimbursement for any off-campus work. Occasional off-campus work must be:

• Be directly related to the objectives of the exchange visitor's program;
• Be incidental to the exchange visitor's primary program activities;
• Not delay the completion date of the visitor's program; and
• Be documented in SEVIS by TIEC.

To request occasional off-campus work authorization please email internationalscholars@txstate.edu with the following:

1. An offer letter from the prospective employer with:
   • terms and conditions of the offer to lecture or consult
   • duration (start and end date)
   • number of hours
   • field or subject
   • amount of compensation
   • description of such activity
2. A letter from the exchange visitor's department head or supervisor recommending such activity and explaining how the activity would enhance the exchange visitor's program.

Academic training 22 CFR 62.23(f)

1. Purpose. The primary purpose of academic training is to permit a student, other than a student intern described in paragraph (i) of this section, to participate in an academic training program during his or her studies, without wages or remuneration, with the approval of the academic dean or advisor and the responsible officer.
2. Conditions. A student, other than a student intern described in paragraph (i) of this section, may be authorized to participate in an academic training program for wages or other remuneration:
   • (i) During his or her studies; or
   • (ii) Commencing not later than 30 days after completion of his or her studies, if the criteria, time limitations, procedures, and evaluations listed below in paragraphs (f)(3) to (6) are satisfied:
3. Criteria.
   • (i) The student is primarily in the United States to study rather than engage in academic training;
   • (ii) The student is participating in academic training that is directly related to his or her major field of study at the post-secondary accredited academic institution listed on his or her Form DS-2019;
   • (iii) The student is in good academic standing with the post-secondary accredited academic institution; and
   • (iv) The student receives written approval in advance from the responsible officer for the duration and type of academic training.
4. Time limitations. The student is authorized to participate in academic training for the length of time necessary to complete the goals and objectives of the training, provided that the amount of time for academic training:
   • (i) Is approved by the academic dean or advisor and approved by the responsible officer;
   • (ii) For undergraduate and pre-doctoral training, does not exceed 18 months, inclusive of any prior academic training in the United States, or the period of full course of study in the United States, whichever is less; except that additional time for academic training is allowed to the extent necessary for the exchange visitor to satisfy the mandatory requirements of his or her degree program in the United States;
   • (iii) For post-doctoral training, does not exceed a total of 36 months, inclusive of any prior academic training in the United States as an exchange visitor, or the period of the full course of study in the United States, whichever is less.
5. Procedures. To obtain authorization to engage in academic training:
   • (i) The student must present to the responsible officer a letter of recommendation from the student's academic dean or advisor setting forth:
     • (A) The goals and objectives of the specific academic training program;
     • (B) A description of the academic training program, including its location, the name and address of the training supervisor, number of hours per week, and dates of the training;
     • (C) How the academic training relates to the student's major field of study; and
     • (D) Why it is an integral or critical part of the academic program of the student.
   • (ii) The responsible officer must:
     • (A) Determine if and to what extent the student has previously participated in academic training as a student, in order to ensure the student does not exceed the period permitted in paragraph (f) of this section;
     • (B) Review the letter of recommendation required in paragraph (f)(5)(i) of this section; and
     • (C) Make a written determination of whether the academic training currently being requested is warranted and the criteria and time limitations set forth in paragraph (f)(3) and (4) of this section are satisfied.
   • (6) Evaluation requirements. The sponsor must evaluate the effectiveness and appropriateness of the academic training in achieving the stated goals and objectives in order to ensure the quality of the academic training program.

Department-designated sponsors of college and university students participating in academic training are expected to support academic training that is directly related to the exchange visitor’s major field of study at Texas State University as listed on the student's Form DS-2019 (22 C.F.R. §62.23(f)(3)(ii)).

In addition, in order to qualify for academic training, a proposed placement must be an integral or critical part of the student’s academic program (22 C.F.R. §62.23(f)(5)(i)(D)). In the spirit of these regulatory provisions, an academic training program should consist of bona fide training activities that are connected to a substantial academic framework, and are designed to expose participants to the operations of their field.

The following general conditions apply to eligibility for academic training:

22 CFR 62.23(f)(3) Criteria

• (i) The student is primarily in the United States to study rather than engage in academic training;
• (ii) The student is participating in academic training that is directly related to his or her major field of study at the post-secondary accredited academic institution listed on his or her Form DS-2019;
• (iii) The student is in good academic standing with the post-secondary accredited academic institution; and
• (iv) The student receives written approval in advance from the responsible officer for the duration and type of academic training.

The student must also provide to the responsible officer (TIEC) "a letter of recommendation from the student's academic dean or advisor," the elements of which also imply additional eligibility conditions, including the conditions that the training relate to the student's major field of study and that the training be "an integral or critical part of the academic program of the student."

• (A) The goals and objectives of the specific academic training program;
• (B) A description of the academic training program, including its location, the name and address of the training supervisor, number of hours per week, and dates of the training;
• (C) How the academic training relates to the student's major field of study; and
• (D) Why it is an integral or critical part of the academic program of the student.

A J-2 spouse or dependent can apply for an Employment Authorization Document (EAD) from USCIS in order to be employed in the U.S. The J-2 may begin employment only after receiving the EAD from USCIS.

Under 8 CFR 214.2(j)(1)(v)(A), a J-2 spouse or dependent can apply to USCIS for employment authorization only if the employment is not for the purpose of supporting the J-1: "Employment will not be authorized if this income is needed to support the J-1 principal alien."

How to Apply for J-2 Work Authorization with USCIS

• Typed and signed Form I-765 - Application for Employment Authorization
  • Item #27 - Eligibility Category: (c)(5)
  • Send all pages of Form I-765, USCIS will reject applications with missing pages
  • Only sign by hand. No digital or electronic signature.
  • Ensure you are using the correct Form Edition. Check USCIS Form I-765 website.
• A reason letter addressed to USCIS from the applicant indicating the reasons why work authorization is requested.
  • The letter should clearly state that the desire for work authorization is not needed to support the J-1 principal and J-2 dependents.
  • Example reasons for work authorization are: educational and cultural activities for the J-2 spouse and children; additional money for travel in the US; or the J-2 dependent's desire to be more involved in US work, business, and cultural activities.
• Copy of J-1 most recent Form DS-2019
• Copy of J-2 most recent Form DS-2019
• Color copy of Valid Passport
• J-2's Most Recent I-94 admission record
• J-1's Most Recent I-94 admissions record
• Copy of J-2 Visa
• A photocopy of marriage certificate
  • If the certificate is not in English, a notarized English translation must be provided.
• A check or money order for $410 made payable to the U.S. Department of Homeland Security.
• Two recent passport-style photos

Mailing Work Authorization Application to USCIS

Mail your application with all required documents to the appropriate USCIS Service Center. Find the direct filing address on the USCIS Form I-765 website: https://www.uscis.gov/i-765 – Click Where to File as a Foreign Student - see eligibility category (c)(5) - Spouse/dependent of J-1 Exchange Visitor  (J-2 nonimmigrant status).