Immigration 101: Understanding the J-1 Category
Obtaining a J-1 Nonimmigrant Visa
Citizens of Canada are not required to obtain a visa in order to enter the U.S. in the J-1/J-2 category. This rule does not apply to permanent residents, or “landed immigrant”, of Canada.
In order to enter the U.S. in J status, you must carry the following to a U.S. Port of Entry:
- Form DS-2019 signed by Responsible Officer (RO) or Alternate Responsible Officer (ARO) at Wake Forest University
- Valid passport
- Proof of payment of SEVIS I-901 Fee. This fee must be paid prior to applying for entry to the U.S.
- Invitation/Employment Letter from WFU
Once the Center for Immigration Services & Support (ISS) has been notified by the sponsoring department that you have been offered a position at WFU, ISS will issue a Form DS-2019 in the Student Exchange Visitor Information System (SEVIS). This form will allow you to apply for a J-1 exchange visitor visa at a U.S. Embassy/Consulate. The length of stay listed on the DS-2019 will be determined by the sponsoring department.
After you receive the DS-2019, you be required to pay the SEVIS I-901 Fee to activate your form. Once you have paid the fee, you are now ready to schedule an interview with a U.S. Embassy/Consulate. Applications and procedures vary from country to country, so it is vital to check the requirements on the Embassy’s website prior to your visit. You are advised to apply as early as possible to avoid any unforeseen delays that might occur due to appointment availability, background checks, etc.
Once you have obtained your J-1 visa, you may enter the U.S. up to 30 days prior to the start date listed on your DS-2019. DO NOT ATTEMPT TO ENTER THE U.S. MORE THAN 30 DAYS PRIOR TO THIS DATE.
Detailed information on both the visa process and entry into the U.S. in the J-1 visa category can be found at U.S. Immigration and Customs Enforcement.
When you arrive at your initial port of entry to the U.S., you should have the following documents with you:
- Form DS-2019 issued by WFU
- Passport that is valid for at least six months into the future
- J-1 visa stamp/sticker in your passport
You will be admitted into the country as an J-1 exchange visitor. Your passport may be stamped and notated with your nonimmigrant status (J-1) and your admit until date (D/S which stands for duration of status). Duration of Status is a unique provision within the F and J visa categories that provides flexibility with respect to your anticipated departure date from the U.S. More information about this will be provided to you when you check-in with ISS.
Exchange visitors who come to the U.S. in the J-1 category may be subject to the two-year home residence, also known as the 212(e) rule. This requirement is primarily based on either a “skills list” designated by the exchange visitor’s home country or the sponsorship of the exchange program by their home country government and/or U.S. Government. If you are subject to this requirement, it may not be possible to switch to another visa category within the U.S. or apply for Permanent Residency status until this requirement has been fulfilled or waived. Information on the 212(e) waiver process can be found on the Department of State website.
J-1 and J-2 visa holders may also be subject to the 12- and 24-month bar(s) from repeat participation in the J visa category as a Professor or Research Scholar.
12-month bar – The 12-month bar prevents someone from becoming a J-1 Professor/Research Scholar for 12 months following any previous J participation in the J categories of student, specialist, trainee, physician, visitor, intern, counselor, au pair, or summer travel/work. This includes J-2 dependents of those in these categories.
24-month bar for repeat participation as a J-1 Professor/Research Scholar – The 24-month bar requires that there be a period of at least 24 months between each stay as a J-1 Professor or J-1 Research Scholar. The 24-month bar is not the same as the 212(e) Rule, also known as the two-year home residency requirement.
General exceptions to the 12- and 24-month bar rules are:
• The exchange visitor is already in J-1 status and is transferring to the new sponsor’s program as defined in 22CFR514.42
• The participant’s previous J-program in any category other than Professor/Research Scholar was less than six months
• The previous stay was as a J-1 Short-term Scholar
The 12- and 24-month bars affect all exchange visitors in J status. A spouse or child who holds J-2 status is not eligible to return as a J-1 Scholar/Professor until the requirements of any bar are fulfilled.