Update on J-1 Work and Travel workers, and Au Pairs

If a J-1 worker is currently in the United States working under the Work and Travel (WT) program, or the Au Pair (AP) program, they may change their status to Tourist (B2) or Student (F1) while remaining in the United States. Timing is critical for the change request, and it is highly recommended that a lawyer (experienced in this type of change of status) be consulted.

The typical J-1 status (there are actually 12 different types of J-1 visa statuses) requires that the person return to their homeland for a two-year period, referred to as the 212(e) two-year home residency requirement, before they could return to the United States in an immigrant visa category. Those that have J-1 status with this requirement may still change status to another non-immigrant status, but they must leave the U.S. and do it at a consulate, they may not do it via USCIS while in the United States. None of this applies to the WT and AP workers, they are exempt from the two (2) year foreign residency requirement.

Changing the status in the United States to F1 Student, requires three (3) critical steps: 1; that the J1 applicant apply before their end date noted on their DS-2019; 2, that they complete the full term of work that is noted on their DS-2019; and 3, that classes be scheduled to start within thirty (30) days of the ending of their DS-2019 end date. The reality is that the Change of Status (COS) will not be approved by USCIS before the scheduled start date, but the school will roll-over the start date to the next available start date every month until the application is approved (or denied). This may take four (4) to six (6) months from the date of filing the application. Once the COS is approved, the student is expected to start the next available class.  If an earlier decision is needed, an applicant may apply for for premium processing of their COS request by filing the appropriate form and paying the filing fee that is currently $1,965.00, with their COS filing or anytime after before a decision is made. Premium processing will make a decision within thirty (30) days.

If a person timely files the COS application, they may wait for the approval (or denial) while in the United States. If approved, the approval letter will include their new I-94 statement, authorizing their extended stay. If a Student F1 is approved their stay will be noted as D/S standing for Duration of Status. The D/S is controlled by their I-20 (a document very similar to the DS-2019 issued by the State Department). If the COS was for a Tourist (B2) status, the maximum period of stay granted will be for six (6) months.

If further information is needed, please contact us.