Scholars have two possible options for acquiring J-1 status using the Form DS-2019:
- By applying for a J-1 visa stamp at a U.S. Consulate abroad and seeking admission to the U.S. with the visa stamp and Form DS-2019 (note Canadian citizens are exempt from the visa requirement); or,
- By filing an application for change of status with USCIS if already in the U.S. in a valid nonimmigrant status and not planning to travel outside the country.
Scholars considering an application for change of status must notify OVIS in order to request a Form DS-2019 issued for change of status instead of initial entry. Applications for change of status are filed on Form I-539 with USCIS, and include a filing fee and supporting evidence including the Form DS-2019 and evidence of current, valid nonimmigrant status. If the application is not approved by the program start date listed on the Form DS-2019, OVIS will need to defer the start date in the government's SEVIS database and issue an amended Form DS-2019. Detailed information about eligibility for filing, required fees and supporting evidence can be found on the USCIS website as well as Study in the States.
Changes of status can take many months to be processed by USCIS, and international travel is prohibited when the application is filed and while it is pending. There is the option to request premium (expedited) processing for an additional filing fee. You should carefully consider whether international travel is the best option based on your personal situation, considering such factors as ability to travel, wait times at the U.S. consular post, and others.
An application for change of status is a personal application and can impact immigration status, ability to travel, and eligibility for future immigration benefits. OVIS is not authorized to provide legal advice to students and scholars who are considering filing an application to change status. OVIS can provide referrals to immigration counsel for legal advice and risk assessment.