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Last Updated On: January 17, 2024 | Published On: September 20, 2022
When you’re 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, or thinking about, applying for an exchange visitor visa, this post will break it down and give you an idea of what you can expect for your J-1 visa processing time.
J-1 processing time, from the application to receiving your visa, can be anywhere between 8 weeks to 13 weeks, however, keep in mind that visa interview timelines can vary and affect the total processing time. There are different wait times associated with each stage of the process. The DS-2019 can take between 2 and 3 weeks to be processed by the OIS. Making an appointment with the U.S. Consulate or Embassy can have you waiting 2 weeks to over a month, depending on how busy the establishment is. If the interview goes favorably, then it will take about 1 week for them to add it to your passport.
A detailed step-by-step breakdown of wait times at each stage is described below.
The J-1 exchange visitor program application process involves several steps. The overall processing time 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:
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.
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.
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 nonimmigrant visa to travel to the U.S. You must provide all the required information and documents in the form. 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. 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 after scheduling the appointment 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 a month or more. 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.
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.
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.
Unfortunately, the premium processing service, which would shorten your processing time to just 15 calendar 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.
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:
There are also some basic requirements that must be met before applying including:
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 filing a DS-2019 Certificate of Eligibility for Exchange Visitor Status with the Office of Immigration Services (OIS). 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:
As a side note, you may need to also submit the DS-157 Supplemental Nonimmigrant Visa Application giving the USCIS info about your travel plans.
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:
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.
There are two J-1 visa grace periods that 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.
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 in order 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 make sure 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.
The first step toward a green card once you have your J-1 visa is to find a sponsoring employer. This could be the program that sponsored your J-1 visa or it could be a different employer. You will also need to 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. Meaning that you cannot legally pursue a green card while under J-1 status. You will need to return to your home country for your home residency requirement or change your status to a different nonimmigrant visa that is dual intent. To avoid the home residency requirement, you will need a J-1 visa waiver.
Once you are either in your home country or under a dual intent visa status, your sponsor will need to obtain a PERM Labor Certification on your behalf. This is a significant and lengthy step in the transition from J-1 visa to green card, as your sponsor will need to run an ad campaign for your position to ensure that no qualified U.S. workers are available for your job.
This entire process can take up to nine months provided that your sponsor is not audited by the Department of Labor. If they are, then it could delay the processing time up to a year and a half.
After you have your PERM, your sponsor will file an I-140 for you. This form can be expedited to 15 calendar 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 the day that the USCIS obtains the petition sent by your employer. 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, as it heavily depends on which green card you are pursuing and which nation is your country of origin.
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.
As we stated earlier, in order 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, there are five main statutory bases that will qualify you for this waiver:
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 will take 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.
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.
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.
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 reenter the U.S. in the future 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 principle 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.
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.
VisaNation Law Group’s immigration lawyers have years of experience helping qualified individuals immigrate to the U.S. through a J-1 visa. They take care of the entire process from matching your qualifications to the right green card to filing your petition and making sure that all obstacles are handled professionally.
Tags: J-1 visa, Processing Time
