Prospective J-1 Scholars

Eligibility

The exchange visitor must meet the following general eligibility requirements for a J-1 visa:

• The exchange visitor possesses sufficient English language proficiency to function within the program and on a day-to-day basis.
• The exchange visitor has been awarded at least the equivalent of a U.S. bachelor’s degree.
• There are limitations on holding J status continuously and repeatedly.  See the information on an adjacent tab on 12/24-Month Bars & Home Residency Requirements (212e).
• The exchange visitor shows enough funding to cover their estimated expenses while in Boise ($2,100 USD per month; +$600 per month for spouse; +$600 per month per child; this is subject to change based on updated costs of living).  The funding might come from Boise State, the visitor’s home government, organizations, and/or personal funds.
• During their program, the exchange visitor is only allowed to work and be compensated if it is documented on their immigration paperwork (Form DS-2019).  The visitor cannot be employed or compensated by additional entities during their program unless it is approved by a scholar advisor in advance.
• The exchange visitor has the intent to return to their home country after the program.
• There is collaboration between the hosting department, Boise State University, and the exchange visitor.
• Cultural activities and cross-cultural exchanges are a requirement of the Exchange Visitor Program.  It is expected that the exchange visitor and their dependents will participate in American cultural activities.  It is hoped the exchange visitor will volunteer to share their language, culture, or history of their home country with the Boise State community.

Categories

Boise State University can bring visitors through the Exchange Visitors Program in the categories of Research Scholar, Professor, Short-term Scholar, and Specialist.  Each category is designed to accomplish a particular type of activity, and each has minimum and maximum periods of program participation eligibility.  The most common categories used at Boise State are Research Scholar, Professor, and Short-term Scholar.

Bars on Repeat Participation

If you participate or have previously participated as an exchange visitor in certain categories, you are subject to 12-month or 24-month bars on repeat participation in the Research Scholar or Professor categories.

12-Month Bar

If you have been a J visa holder (J-1 or J-2) for longer than 6 months in any category, you must wait 12 months before participating as a visitor in the Research Scholar or Professor category.  The 12 months count from the date when the scholar was not physically present in the U.S. in any J status to the start date of the Research Scholar or Professor program.

24-Month Bar

If you finished (completed, shortened, or terminated) participating as a visitor (J-1 or J-2) in the Research Scholar or Professor category, you must wait 24 months before you can participate again as a Research Scholar or Professor.  The 24 months count from the end date of the prior Research Scholar or Professor program to the start date of the new Research Scholar or Professor program.

Please note that the 24-month bar is separate and different from the 2-year home residency requirement.

Two-year home-country requirement

Participation in the Exchange Visitor Program may cause the participant to be subject to the two-year home-country physical presence requirement.  This is also known as Section 212(e).  This is separate from the bars on repeat participation.  If subject, you must spend two years in your home country before you are eligible for an immigrant visa, H, L, or K status, or permanent residency.  You may return on a B or F visa after first leaving the country.  The two years do not have to be consecutive.

A waiver of this requirement may be possible.  However, the process can take some time and the visitor may be subject to penalties.  Please be aware that a waiver application might impact your current J program and you should discuss a waiver application with an advisor in the Center for Global Engagement before pursuing one.  The exchange visitor must apply for the waiver on their own; the University may not file these documents on behalf of the visitor.

Am I subject to the home residency requirement?

You may be if:

1) Your participation in an exchange program was financed, directly or indirectly, by the United States government or a foreign government for the purpose of exchange;

2) The skills that you are coming to develop or exercise are in a field which your home government requested be included on the State Department Exchange Visitor skills list; and/or

3) You came to the United States to receive graduate medical education or training.

Are J-2 dependents subject to the 12/24-month or 212(e) home residency requirement?

These requirements will also apply to any J-2 dependents if they apply to the J-1 visa holder.

J-2 Dependents

General Regulations

Only a spouse and unmarried children under 21 years of age are eligible for J-2 status.

Only request J-2 status for dependents who will be accompanying the J-1 to live in the U.S.  If a family member will be remaining in their home country, they may apply to temporarily visit the U.S. on a tourist visa.

J-2 dependents may enter the U.S. at the same time as the J-1 scholar, or they may follow at a later time.

If a J-2 child turns 21 while still in the U.S., they must leave the U.S. before their 21st birthday or change to another nonimmigrant status, which is not always possible.  Please consult an advisor for options.

J-2 documentation for family members can only be issued if the funding for their support is adequate.  You must show you have an additional $600 per month for a spouse and $600 per month for each child.

It is important to bring the marriage certificate (spouse) and birth certificate(s) (child) when you come to the U.S.  You may need to show these at the port of entry, if the J-2 wants to apply for a driver’s license or work authorization, etc.

When a J-2 departs the U.S. early with no intent to return, you must contact an advisor in the Center for Global Engagement so their record can be properly completed.

J-2 dependents are also required to have health insurance.

Health Insurance Information

Study

J-2 dependents may study.  However, we recommend that J-2 spouses who plan to study change their status to F-1 student.

Employment

J-2 dependents cannot work unless they receive authorization from USCIS.  The dependent is responsible for submitting the appropriate paperwork and fee to USCIS to apply for work authorization.