How to Change from J-1 to F-1 Student Visa

Overview

Changing from J-1 exchange visitor status to F-1 student status is possible but requires careful consideration of the Two-Year Home Residency Requirement (Section 212(e) of the INA). This requirement can significantly affect your eligibility to change status within the United States.

The Two-Year Home Residency Requirement (212(e))

Some J-1 visa holders are required to return to their home country for at least two years after completing their exchange program before they can:

• Change status to H, L, or K visa categories within the U.S.
• Apply for permanent residence (green card)
• Change status to most other categories from within the U.S.

Who Is Subject to 212(e)?

You may be subject to this requirement if:

• Government Funding: Your J-1 program was funded in whole or in part by your home government or the U.S. government (e.g., Fulbright)
• Skills List: Your field of expertise appears on the Exchange Visitor Skills List for your country
• Graduate Medical Training: You participated in a graduate medical education or training program in the U.S.

How to Check If You Are Subject

Check the following documents:

• Your J-1 visa stamp in your passport (look for “Bearer is/is not subject to Section 212(e)”)
• Your Form DS-2019 (check the lower left corner, “Preliminary Endorsement” section)
• Request an Advisory Opinion from the U.S. Department of State if uncertain

Options for J-1 to F-1 Change

Option A: If You Are NOT Subject to 212(e)

You can apply for change of status to F-1 using Form I-539 while remaining in the United States. Follow these steps:

1. Get accepted to a SEVP-certified school
2. Obtain Form I-20 from your DSO
3. Pay the I-901 SEVIS Fee ($350 for F-1 students)
4. File Form I-539 with USCIS
5. Pay the filing fee ($420 online / $470 paper)
6. Wait for USCIS decision (processing typically takes 6-12 months)

Option B: If You ARE Subject to 212(e)

You cannot change status within the U.S. You have two options:

• Leave and re-enter: Depart the U.S., apply for an F-1 visa at a U.S. embassy/consulate abroad, and re-enter on F-1 status (note: the 212(e) requirement will still apply for future H, L, K visas or green card)
• Apply for a waiver: Request a waiver of the 212(e) requirement

212(e) Waiver Options

Waivers may be available on the following grounds:

1. No Objection Statement: Obtain a letter from your home country’s government stating they have no objection to you remaining in the U.S.
2. Request by U.S. Government Agency: A U.S. federal agency requests a waiver on your behalf due to your work’s importance to their mission.
3. Persecution: You can demonstrate you would face persecution in your home country based on race, religion, or political opinion.
4. Exceptional Hardship: Returning to your home country would cause exceptional hardship to your U.S. citizen or permanent resident spouse or child.

Required Documents for I-539

• Completed Form I-539
• Copy of passport (biographical page)
• Copy of J-1 visa stamp
• All Forms DS-2019 (current and previous)
• Form I-94 (Arrival/Departure Record)
• Form I-20 from your SEVP-certified school
• I-901 SEVIS fee payment receipt
• Evidence of financial support
• School acceptance letter
• Letter explaining the reason for change of status

Processing Time

Change of status applications typically take 6-12 months to process. During this time:

• You may remain in the U.S. while your application is pending
• You cannot begin full-time studies until your F-1 status is approved
• Maintain valid status by not violating terms of your current J-1

Important Notes

• The 212(e) requirement is a lifetime requirement — it applies until fulfilled or waived, even if you leave and return on another visa
• J-2 dependents are also subject to 212(e) if the J-1 principal is subject
• Consult with your international student office or an immigration attorney before making decisions