Prospective and Current DGSOM J-1 Scholars

Scholars can submit an advisory opinion request to the U.S. Department of State if they feel that the U.S. Embassy has wrongly determined that they are subject to the 2 year home residency requirement or if the applicability of the residency requirement is unclear. Instructions are provided on the U.S. Department of State website here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/advisory-opinions.html

Per Section 212(e) of the Immigration and Nationality Act, certain J-1 scholars who receive J-1 status under the following circumstances are subject to the two-year home residence requirement:

• the Exchange Visitor received funds from the U.S. government, his/her own government, or an international organization funded by government;
• the education, training, or skills that the Exchange Visitor is pursuing in the U.S. appear on the Exchange Visitor Skills List for his/her country published by the Department of State.
• Foreign medical graduates receiving training in the U.S. under the sponsorship of the Educational Commission for Foreign Medical Graduates (ECFMG).

EVs who become subject to the Two-year Home Residence Requirement are not eligible to change their visa status from J-1 to the following immigration statuses unless they return and reside in the country of their last permanent residence for two years after completing their programs in the U.S:

• H (temporary worker)
• L (intra-company transferee)
• Immigrant visa/Permanent Residency (Green Card)

In addition, EVs who are subject are not allowed to change their visa type to any other visa type inside of the U.S. For instance, to change to an F-1 student visa, EV would need to leave the U.S. and apply for their F-1 visa at a U.S. embassy prior to beginning their F-1 program.

EVs who become subject, but do not wish to comply with the residence requirement may apply for a waiver from the U.S. Department of State during or after the completion of the program. Information and guidelines are available at Waiver of the Exchange Visitor Two-Year Home-Country Physical Presence Requirement. The DGSOM Visa and Licensing Office will not be involved with the process of waiver application of EVs in any form.

The DGSOM Visa and Licensing cannot extend a DS-2019 if an EV’s waiver application is approved by the Department of State or USCIS.

24-month Research Scholar / Professor Bar: J-1 Exchange Visitors (and their J-2 dependents) in the Professor or Research Scholar category are subject to the 24-month bar. This means that the EV will not be able to begin a new J-1 program as Professor or Research Scholar until 24 months after their current Professor or Research Scholar Program ends

12-month Research Scholar/ Professor Bar: J-1 Exchange Visitors (and their J-2 dependents) in any J-1 category other than Professor or Research Scholar (e.g. Degree Student, Student Non-degree) for more than 6 months are subject to the 12-month bar. This means that the EV will not be able to begin a new J-1 program as Professor or Research Scholar until 12 months after their current J-1 program ends.

Exceptions to this rule exist for those Exchange Visitors who are transferring programs or who have been present in J status in the Short-Term Scholar category.

Other bars include:

3-month Short-term Scholar Bar : J-1 Exchange Visitors at UCLA in the Professor or Research Scholar category are subject to the 3-month bar. This means that the EV will not be able to begin a new J-1 program at UCLA as Short-term Scholar until 3 months after their current Professor or Research Scholar Program ends. EV will also need to demonstrate that objectives under Short-term Scholar program will not be a continuation of previous program. A new subject of activity is required.

1-month bar : There must be at least a 1 month gap between any J-1 categories.

Only a spouse (legal marriage) and minor unmarried children under the age of 21 years are eligible for the dependent J-2 visa status. They may accompany the J-1 student or join them at a later date. Dependents will need their own DS-2019 form to apply for the J-2 visa stamp. The J-1 DS-2019 application includes a section for dependent information. The DGSOM Visa and Licensing will automatically provide DS-2019 forms for those dependents listed on the application.

However, if the J-1 Exchange Visitor is requesting DS-2019 forms for their dependents after the J-1 DS-2019 have already been issued, a J-2 Separate Entry Request must be submitted to the DGSOM Visa and Licensing through the Department Coordinators.

To enter the U.S. as a J-2 dependent, each dependent must have a DS-2019 and a J-2 visa.

Information about J-2 Status

The status of the J-2 may be extended when the J-1’s program and DS-2019 is extended.

A J-2 may not be admitted for longer than the J-1. After the program completion date on the Form DS-2019, the J-1 and the J-2s  may stay in the U.S. for an additional period of 30 days; this is called the grace period. During the grace period you may travel within the U.S but may not work or re-enter the US in J-1/J-2 status.

Once the J-1 has completed his or her program and left the U.S., the J-2 dependents must leave as well.

Immigration regulations require that all J-1 exchange visitors and their J-2 dependents be covered by health insurance while participating in the exchange visitor program.

Dependent children over age 21 are no longer eligible for J-2 status and will need to change to another status such as F-1 (for full time students) if they wish to stay in the U.S.

Study

Currently there are no regulatory restrictions on study for J-2 dependents.

Employment

J-2 employment may be authorized by the U.S. Citizenship and Immigration Service for the duration of the J-1 principal's authorized stay as indicated on Form I-94 and Form DS-2019.

For more information on applying for an Employment Authorization, refer to I-765, Application for Employment Authorization - The spouse or unmarried child (under 21 years of age) of an Exchange Visitor holding a valid J-2 visa status may work in the United States with authorization from the United States Citizenship and Immigration Services (USCIS). Applications must be sent to the USCIS Service Center.

Effective April 1, 2024, the I-765 filing fee will increase to $470 for online filing and $520 for paper filing.

After obtaining the EAD, the J-2 spouse may apply for a Social Security Number and will be subject to federal and local income tax.

J-2 Dependent Resources

About the J-2 Visa - U.S. Department of State Website

UCLA Connect: A Network for Relocated Spouses and Partners - The group has a weekly meeting on Fridays at 11 am at the UCLA Dashew Center and events such as happy hours to workshops, throughout the year!