us-uscis-policy-manual-volume-2-part-d-chapter-6•Chapter 6 - Family Members of J-1 Exchange Visitor
Chapter 6 - Family Members of J-1 Exchange Visitor
us-uscis-policy-manual-volume-2-part-d-chapter-6Chapter 6 - Family Members of J-1 Exchange VisitorGuidance
The J-1 exchange visitor’s accompanying dependent family members may be admitted into the United States in J-2 classifications[1] if each applicant presents a Certificate of Eligibility for Exchange Visitor (J-1) Status (Form DS-2019), issued in the applicant’s name by a program approved by the U.S. Department of State for participation by J-1 exchange visitors.
J-2 spouses of J-1 Conrad 30 waiver recipients cannot change status in the United States from J-2 to H-1B temporary worker status until the J-1 Conrad 30 waiver recipients have completed the requisite 3-year term of employment in a designated medically underserved area. Once the J-1 Conrad 30 waiver recipients have fulfilled all of the terms and conditions imposed on the waiver, including the 3-year period of employment with the health care facility, the J-1 Conrad 30 waiver recipients (and dependent family member or members) become eligible to change to another nonimmigrant status or adjust status to a lawful permanent resident.[2]
If the waiver recipients fail to fulfill the terms and conditions imposed on the waiver, they and their dependent family member or members will once again become subject to the 2-year foreign residence requirement under INA 212(e).[3]
J-2 nonimmigrants may be eligible for employment authorization;[4] however, they may not use their income to support the J-1 nonimmigrant. To apply for employment authorization as a J-2 nonimmigrant, the dependent family member must file an Application for Employment Authorization (Form I-765). USCIS may authorize the employment for the length of the J-1 exchange visitor’s stay or 4 years, whichever is shorter.[5]
Footnotes
[^ 1] See INA 101(a)(15)(J).
[^ 2] See INA 214(l)(2)(B).
[^ 3] See 8 CFR 212.7(c)(9) and 8 CFR 248.2(a)(3).
[^ 4] See 8 CFR 274a.12(c)(5).
Resources
22 CFR 62, Subpart B - Specific program provisions
8 CFR 212.7(c) - Waiver of inadmissibility grounds, documentary requirements
8 CFR 214.1(c)(5) - Decision on application for extension or change of status
8 CFR 214.2(j) - Exchange aliens
8 CFR 214.2(q)(5)(ii) - Petition for multiple participants
8 CFR 248.2 - Change of nonimmigrant classifications, ineligible classes
INA 101(a)(15)(J) - Definition of J nonimmigrant
INA 212(e) - Educational visitor status; foreign residence requirement and waiver
INA 212(j)(1) - Limitation on immigration of foreign medical graduates
INA 214(c) - Admission of nonimmigrants
INA 214(l) - Restrictions on waiver
INA 214(l) - Restrictions on waiver of the foreign residence requirement
Appendices
No appendices available at this time.
Updates
This technical update replaces all instances of the term “noncitizen” with “alien” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”], and makes other technical and conforming changes.
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole
4 USCIS-PM - Volume 4 - Refugees and Asylees
5 USCIS-PM - Volume 5 - Adoptions
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
10 USCIS-PM - Volume 10 - Employment Authorization
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding the 2-year foreign residence requirement for the nonimmigrant exchange visitor (J) visa classification.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding the nonimmigrant exchange visitor (J) visa classification, including USCIS’ role in the adjudication of waivers of the 2-year foreign residence requirement and change of status requests under the Immigration and Nationality Act (INA).
This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
10 USCIS-PM - Volume 10 - Employment Authorization
U.S. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on August 3, 2020. This guidance becomes effective October 2, 2020. For information regarding implementation, see Appendix: 2020 Fee Rule Litigation Summary.
1 USCIS-PM A - Part A - Public Services
1 USCIS-PM B - Part B - Submission of Benefit Requests
2 USCIS-PM - Volume 2 - Nonimmigrants
7 USCIS-PM A - Part A - Adjustment of Status Policies and Procedures
7 USCIS-PM F - Part F - Special Immigrant-Based Adjustment
7 USCIS-PM M - Part M - Asylee Adjustment
11 USCIS-PM A - Part A - Secure Identity Documents Policies and Procedures
U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk between the AFM and the Policy Manual.
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole
4 USCIS-PM - Volume 4 - Refugees and Asylees
5 USCIS-PM - Volume 5 - Adoptions
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
10 USCIS-PM - Volume 10 - Employment Authorization
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