When planning your immigration case, you want details. You want to know what is required, which forms you need, how much it will cost, and, possibly most importantly, how much time it will take. If you are in the process of applying for an exchange visitor visa, this post provides essential information and outlines the J-1 visa processing time.
J-1 Visa Processing Time
The J-1 processing time, from applying for a J-1 using form DS-160 to attending an interview and receiving your visa, can range anywhere between 15 days to 14.5 months. The largely depends on the availability of an interview appointment at your embassy. However, most embassies have appointment availability within 15 days to two months.
J-1 Visa Process and Timeline
The J-1 exchange visitor program application process involves several steps, each with its own wait time. The overall timeline will depend on how you and your sponsoring organization work together to expedite the application process. Another factor is the wait time at the embassy or consulate that will process your visa. The following are the steps involved:
- Finding a designated sponsor: timeframes vary. You must first be accepted into a program by a U.S. Department of State-designated sponsor.
- DS-2019 and SEVIS ID processing: 2 – 3 weeks. The DS-2019 is submitted by a U.S. Department of State–designated sponsor organization, and it verifies the J-1 applicant’s eligibility, details the exchange program’s dates and purpose, and outlines any relevant financial support.
- Completing the DS-160: The DS-260 does not have a processing time. You will receive a confirmation page with a barcode upon submission.
- Attending your visa interview: Timeframes vary, but most embassies have interviews available within 15 days to two months.
- J-1 visa processing time after interview: 7 days
Step 1: Find a Designated Sponsor
Unlike other visa categories, the J-1 visa is not sponsored by a family member or employer; it is sponsored by a designated organization. You will need to choose a sponsor that offers your program choice out of the numerous approved organizations.
You will then need to contact the organization directly to learn more about the program and the application requirements. A program-sponsoring organization is responsible for selecting participants as well as monitoring them throughout their entire stay. It is recommended that you find and submit the required documents to the sponsor as early as possible.
Step 2: DS-2019 and SEVIS ID Processing: 2 – 3 Weeks
Once you have been selected for the program, the designated sponsor will issue you a DS-2019 Form. The DS-2019 is the official document that certifies your eligibility to apply for a J-1 visa. Ensure that you read it carefully. If you find any grey areas in the form, you can contact your sponsoring organization for clarification or work with an immigration lawyer.
Your DS-2019 will be printed with your SEVIS. You will receive an email message that includes a unique identifier known as SEVIS ID, as well as information on how to retrieve the SEVIS fee payment receipt. The Student and Exchange Visitor Information System (SEVIS) is the system that manages data of the exchange visitors and international students in the U.S. The DS-2019 processing takes an average of two to three weeks.
Step 3: Complete the DS-160
Now that you have been approved for a J-1 program and have your SEVIS ID, the next step is to complete the online DS-160 application. This form is used to request a non-immigrant visa to travel to the U.S. You must provide all the required information and documents in the form. It takes roughly 90 minutes to complete. It is also important that you fill out the form truthfully and accurately.
Missing documents or information, as well as false claims in your DS-160 form, can lead to a delay or even denial.
Step 4: Schedule and Attend Your Visa Interview
Once you have finished filling out the form, you will then schedule your visa interview with the embassy or consulate. The waiting time for an interview may vary depending on the embassy or consulate. It can be as soon as two weeks in some cases. In others, you may have to wait for up to two months or more. The Department of State has a dedicated page for interview wait times at various embassies. It is best to schedule an interview as soon as you receive your DS-2019 approval.
After scheduling your interview, the embassy or consulate will inform you of the venue, date, and time of your interview. Read the message carefully to understand the documents you will need to bring for the interview and prepare yourself before the date.
Step 5: J-1 Visa Processing Time After Interview
If your J-1 visa application is granted, the embassy or consulate will need a few days to prepare the visa sticker in your passport. In approximately three to seven business days, you will receive the visa and all the needed items you need to travel to the U.S., including your DS-2019 form.
J-1 Extension Processing Time
In order to extend your J-1 visa, you will need to have your program sponsor issue you a second DS-2019 form that shows the granted extension. According to the Department of State, you can only extend your visa beyond the maximum allowance for your program under certain circumstances. Your immigration attorney and your sponsor can give you more accurate information on your extension eligibility based on your unique circumstances.
Once you’ve filed the new DS-2019, you should expect another 2 to 3 weeks, similar to that of the first petition. Again, this time frame depends on your particular service center’s caseload.
Premium Processing
Unfortunately, the premium processing service, which would shorten your processing time to just 15 business days, is only available for certain visas and green cards that use the I-129 and I-140 forms. Because the J-1 visa requires the DS-2019, it is not eligible for premium processing.
However, because the J-1 process is initiated by a designated organization, some of these organizations will have options to expedite the process. You can contact your sponsor and inquire about this.
What is the J-1 Visa?
The J-1 visa for exchange visitors is a nonimmigrant visa that is designed around the use of sanctioned programs that act as sponsors instead of employers. Here is a quick list of some programs you can apply for under the J-1:
- Secondary School Student
- Professor
- Trainee
- Teacher
- Physician
- Intern
- Government Visitor
- University or College Student
- Summer Work Travel
- Professional International Visitor
- Camp Counselor
- Au Pair (Nanny)
J-1 Requirements
- You must be able to fund your trip and also have adequate medical insurance for you and your family members who are coming over on a J-2 visa.
- You have a strong grasp of the English language
- You must maintain an overseas residence and make it clear that you do not intend to abandon it. (This can often be proven by demonstrating that you have family, car, or other assets that would require you to return home after your J-1 stay)
If you fulfill the above criteria and have already secured a sponsor, then you can start on the first step along the road to a J-1 visa, which is the sponsoring organization filing the DS-2019 Certificate of Eligibility for Exchange Visitor Status with the Office of Immigration Services (OIS) on your behalf. This form will be generated and completed by your sponsoring organization.
Once you receive confirmation that your DS-2019 has been accepted, you will have one of two options. You can either:
- Change your status, which will happen automatically if you are already under a different non-immigrant visa status (such as the F-1 visa) as soon as you submit the DS-2019, or
- Go through consular processing, which involves completing a DS-160 online non-immigrant visa application and bringing it to a U.S. Consulate or Embassy in your home country for a scheduled appointment. There, you will take part in an interview with a consular officer. When in your interview, be sure to prepare ahead of time as well as answer each question confidently and truthfully. Telling the officer that you don’t know the answer to a question is better than lying.
As a side note, you may also need to submit the DS-157 Supplemental Nonimmigrant Visa Application, giving the USCIS info about your travel plans.
What is the Validity Period for My J-1 Visa?
Your J-1 visa’s validity period is entirely dependent on the program that is sponsoring you. However, there are very few cases in which a J-1 visa holder can stay longer than 7 years. Here are some generalized validity periods based on the more popular programs:
- Teachers, scholars, researchers, and professors can stay for a maximum of five years.
- Medical graduate students have a validity period maximum of seven years.
- Professional trainees and government visitors can remain in the U.S. for up to 18 months, with some exceptions going up to two years.
- Camp counselors and summer workers have a J-1 maximum validity period of 4 months.
- Nannies and au pairs are generally given a maximum duration of one year. Extensions are allowed
- One example of a program that allows its participants to stay for more than seven years is the International Communications Agency, whose employees can remain in the U.S. for up to ten years or more.
It is important to contact your sponsoring program to determine the exact extent of your visa validity period. Staying past the departure date on your I-94 could result in serious consequences, such as being considered “out of status”, which could bar you from further immigration attempts in the future.
Is There a J-1 Visa Grace Period?
Two J-1 visa grace periods should be noted before traveling to the U.S. The first begins 30 days before your official J-1 visa start date. During this time, you cannot work in the U.S.
Likewise, there is also a 30-day J-1 grace period that starts as soon as your program ends. You can use this time to wrap up affairs, travel in the U.S., etc. However, if you leave the U.S. during this grace period, you will not be admitted back without a new visa. This is because you will be past the end date on your DS-2019. You are also not permitted to work during this J-1 grace period.
The important thing is to leave the U.S. before your grace period expires. If you overstay, then you might find yourself “out of status”, which could have serious repercussions on your attempts to get a visa or green card in the future.
What Could Delay My J-1 Visa?
To avoid having an unnecessarily long J-1 processing time, there are some things that you should adhere to. For one, you should have an immigration attorney look over the DS-2019 sent by your program to ensure that all of the information is complete, correct, and accurate. A failure to do so could result in a petition rejection or even a denial.
If you receive a rejection, that means that there is likely only a simple error or omission that needs to be fixed before refiling the petition. However, if your petition is denied, the USCIS officer did not deem your case worthy of a J-1 visa, and you may have to find other means of working in the U.S.
Also, you will need to ensure that each payment is made in the correct amount to the correct department. A mistake in the fee payments could seriously delay your J-1 visa processing time.
Ultimately, however, an accurate processing time frame is difficult to obtain due to the fact that it heavily depends on your service center’s caseload.
How Long Is The J-1 Visa to a Green Card Process?
The J-1 to green card process varies greatly depending on your country of origin and the green card available to you. The timeline involves:
Applying for a J-1 Waiver (If Applicable)
Many, but not all, J-1 visas have a home residency requirement. This rule requires certain J-1 visa holders to return to their country of last permanent residence for two years after their J-1 program ends. To avoid the home residency requirement, you will need a J-1 visa waiver.
Securing Sponsorship and Selecting the Appropriate Greencard Pathway.
The next step toward a green card is to secure a sponsor. This could be the program that sponsored your J-1 visa, a different employer, or even a qualifying relative, such as a U.S. citizen spouse, filing a family-based petition.
For employment-based, you and the sponsor should decide which green card is the most suitable for your situation. If you have an advanced degree or exceptional skills, you may qualify for the EB-2. If you are a skilled worker, the EB-3 may fit your qualifications.
It is very important to note that the J-1 visa is not a dual intent visa. That means that you cannot come to the United States on the J-1 with the intent to pursue a green card. This is typically flagged by USCIS when an application is made soon after entering the country, on the basis of misrepresentation.
However, situations often occur in which an unforeseen opportunity is presented during your stay in the United States, whether it is meeting a U.S. citizen that you wish to marry, or finding an employer that wants to sponsor you. It is perfectly acceptable to pursue these opportunities; however, in the application and interview stages, you may need to prove that it was never your original intent to pursue permanent residency. VisaNation advises seeking counsel around this topic to ensure your application goes smoothly.
PERM Labor Certification
Your sponsor will need to obtain a PERM Labor Certification on your behalf, unless you qualify for a National Interest Waiver or a green card visa that does not require the certification. The PERM Labor Certification process is a significant and lengthy step in the transition from a J-1 visa to green card, as your sponsor is required to run a 60-day recruitment campaign to ensure that no qualified U.S. workers are available for your job.
This entire process can take up to 16 months, provided that your sponsor avoids an audit from the Department of Labor. If they are, then it could delay the processing time up to a year and a half.
I-140 Application and Visa Bulletin
After you have your PERM, your sponsor will file an I-140 for you. This form can be expedited to 15 business days through premium processing. However, you will still be subject to your petition’s priority date, which may render premium processing useless for your case.
Your priority date is either the day that USCIS obtains the PERM Labor Certification submitted by your employer, or in cases of green cards that don’t require a PERM, the I-140 petition. You and your employer will need to compare that date with the “final action” dates given in the Department of State’s monthly visa bulletin.
When the dates match, your priority date will be considered current, and a visa number will become available to you. This can take several years or no time at all. This depends on which green card you are pursuing and your country of origin.
Adjustment of Status or Consular Processing
Then you can choose to either adjust your status from J-1 to your new green card by filing the I-485 application (only if you are in the U.S.), or you can travel to a U.S. Consulate or Embassy in your home country to take part in a one-on-one interview with an immigration officer. Should this interview work out in your favor, you will be able to enter the U.S. as a legal permanent resident.
While adjusting your status may seem like the simpler option, it may also be the lengthiest, as it often takes an average of six months to process the I-485, and premium processing is not available. On the other hand, the U.S. Consulate or Embassy might be able to schedule your interview within a few weeks, depending on the caseload and appointment availability.
J-1 Waiver Processing Time
As we stated earlier, to transfer to a different nonimmigrant visa or to a green card from a J-1 visa, you need a waiver to avoid the 2-year home residency requirement. Overall, five main statutory bases will qualify you for this waiver:
- Obtaining a “no objection” statement from the government of your home country.
- Having an agency of the U.S. federal government (Interested Government Agency, or IGA) request that you stay in the U.S., usually, because you are working on a project that greatly benefits from your participation.
- Being able to prove that you may experience persecution should you return to your home country.
- Proving that a spouse or dependent would endure extreme hardship if you were to be required to return to your home country.
- Being a physician who has received an offer for a full-time position in an area that lacks medical professionals.
The J-1 visa waiver processing time begins with you filing an online application for your waiver recommendation. The amount of time your waiver application takes depends on the caseload of the USCIS service center that has received your petition and the type of statutory basis you are applying under. For example, an IGA waiver or a Persecution waiver may take longer than a No Objection waiver. Overall, you can expect a minimum J-1 waiver processing time of 3 to 4 months.
Keep in mind that you can file multiple applications simultaneously if you qualify for more than one. That way, in case one is processed faster than the other, you can take action as soon as the first one is approved.
J-1 Visa Spouse and Dependent Children
As a J-1 visa beneficiary, your spouse and dependent children (unmarried children under the age of 21) can accompany or join you later and stay with you in the U.S. for the duration of your exchange visitor program. To do this, they must apply for a J-2 visa. Each additional traveler, regardless of age, must have his or her own approved J-2 visa.
J-2 Visa Eligibility
There is a caveat to J-2 eligibility, as not all J-1 visa categories have a provision for this derivative visa. Your relatives’ eligibility for a J-2 visa will depend on the specific exchange program offered to you as a J-1 nonimmigrant by your sponsoring organization. For example, the J-1 categories of camp counselor, au pair, summer work, and secondary school student do not allow J-2 visas.
It is also worth knowing that even in the categories that allow the J-2 visa, some sponsoring programs do not permit it. It is therefore very important to check with the sponsoring organization and also work with your immigration attorney, especially if you have a spouse and/or dependent you would like to join you in the U.S.
J-2 Visa FAQs
How Can My Dependent Get a J-2 Visa?
The J-2 visa application process is the same as the primary J-1 visa application. As a J-1 visa exchange visitor, you must approve the accompaniment of your family members who will each be granted their own DS-2019.
Can a J-2 visa Holder Work in the U.S?
In most cases, J-2 visa holders are allowed to seek employment in the U.S. However, they must obtain an Employment Authorization Document (EAD) card or work permit by filing the I-765 Form. The processing time for an EAD typically takes between 90 to 120 days after submitting the application. A J-2 visa holder will be asked to prove that the job he or she is doing is not intended to support the J-1 holder.
Can a J-2 Visa Holder Apply for a Social Security Number?
If a J-2 holder’s EAD is approved, then they may also apply for a Social Security Number (SSN), which the employer will use to put them on their payroll. If you are issued an SSN as a J-2 visa holder, you should keep the card and number in a safe place. This is because the SSN will remain valid if you re-enter the U.S. in the futur,e either for a study program or work.
Can a J-2 Visa Holder Study in the U.S.?
Apart from employment, a J-2 visa holder may also study in the United States. They can participate in full-time or part-time education in any degree-awarding or recreational course of their choice as long as they meet the requirements. However, keep in mind that, because the J-2 visa is dependent on the principal J-1 holder’s status, you cannot stay longer than the period of stay given to the J-1 primary beneficiary. If the J-1 visa expires before the completion of the study, a J-2 visa holder can switch to a student visa such as F-1 to complete their course.
How VisaNation Can Help
Whether you’re only thinking about getting started on your J-1 visa or you already have one and you’re ready for the next step toward your green card, it’s always best to have an expert on your team. Immigration law is a field that takes years to master and navigating around pitfalls that cost both time and money is best done with the help of an immigration attorney.
To get a much better idea of your unique J-1 visa processing time and what the optimal process is, schedule your consultation with our office. VisaNation Law Group attorneys have helped countless others obtain their J-1 visas and even become lawful permanent residents afterward. From start to finish, your case will be in the best hands.