J-1 Exchange students who come to the States for a short-term period may wonder if they can work on campus, leave early, etc.

This post will cover what immigration rules have to say about different cases that exchange students may encounter.

Contents

• Can I work on campus?
• Can I drop below the full time as an exchange student?
• Can I leave early for medical issues as an exchange student?
• I am placed on probation, what will be the implications as a J-1 visa holder?
• Can my dependents study/work in U.S.?

Can I work on campus?

Yes! As long as the student and the position meet the criteria, J-1 exchange students are allowed to work on campus.

According to immigration regulation 22 CFR 62.23(g), to be eligible for on-campus employment, a student…

• must be “in good academic standing“
• continues to “engage in a full course of study except for official school breaks“
• work “no more than 20 hours per week except during official school breaks“
• the RO (Responsible Officer, commonly called an international student advisor) has approved the employment in advance and in writing.

(g) Student employment. A student, other than a student intern described in paragraph (i) of this section, may engage in part-time employment when the following criteria and conditions are satisfied.

22 CFR 62.23(g)

In addition, the position must…

• be “pursuant to the terms of a scholarship, fellowship, or assistantship
• occur “on the premises” of the college or university where the J-1 exchange student is attending
• occur “off campus when necessary” because of “serious, urgent, and unforeseen economic circumstances“

To learn more about the rules regarding the off-campus internship, check out the following post:

Related blog post: U.S. internship as J-1 exchange students? Academic Training

Can I drop below the full time as an exchange student?

Yes! Based on the regulations 22 CFR 62.23(e), circumstances where J-1 visa holders can drop below full-time are as follows:

• Illness or medical condition: J-1 visa exchange students are required to submit a written statement from a physician or counselor “recommending an interruption or reduction in studies.”
• Academic reason: J-1 visa holder international students are required to submit a written statement from the academic dean or advisor “recommending the student to reduce his or her academic load due to an academic reason.”
• The final term of study: J-1 students are required to prove that they need “less than a full course of study to complete the academic requirements in his or her final term.”

Although it is not applicable for most exchange students, students who engaged full-time in a “prescribed course of study” -intensive English language training, classroom instruction, research projects, and/or academic training- for up to 24 months and students who participate in authorized academic training can also apply for a Reduced Course Load.

Related blog post: U.S. internship as J-1 exchange students? Academic Training

(4) Non-degree program. If the student is engaged full time in a prescribed course of study in a non-degree program of up to 24 months duration conducted by a post-secondary accredited academic institution.

(5) Academic training. If the student is participating in authorized academic training in accordance with paragraph (f) of this section.

22 CFR 62.23(e)

Unlike the Reduced Course Load for F-1 students, RCL notation is not reflected on J-1 students’ immigration records (Form DS-2019). That being said, students are required to submit necessary documents, so ROs (international student advisors) can store the documents in their records.

Can I leave early for medical issues as an exchange student?

Suppose the student needs to return to his/her home country due to a medical condition. In that case, they can provide a written statement by a physician or counselor to the RO (Responsive Officer, commonly International Student Advisor).

From there RO can shorten the program end date. Note here that terminating the record should be used when the termination of the program is “due to an exchange visitor’s violation of the Exchange Visitor Program regulations”

Sponsors must not terminate the program of an exchange visitor who voluntarily ends his or her program

Guidance Directive 2016-01

Circling back to the shortening of the program end date, “shortening an EV’s program will result in a non-adverse SEVIS record inactivation the day following the new program end date.”

It is not clear whether the exchange student will be given any grace period but given that the program end date is “shortened” not “terminated,” it can be interpreted that students can take advantage of 30 day grace period just like other exchange students would after the program end date.

My interpretation can be different from others so please check with your university on the grace period policy for students who need to leave early for illness.

I am placed on probation, what will be the implications as a J-1 visa holder?

I have seen exchange students who violate the student code of conduct and are placed on academic probation and/or disqualification.

Simply put, exchange students who caused issues on campus may see consequences like their Form DS-2019 being terminated and they can be forced to leave the U.S.

It is worth noting that the SEVIS termination could have a negative impact on the student’s future visa application, just to name a few.

The J-1 visa rules § 62.40 say that exchange students’s immigration records (Form DS-2019s) will have to be terminated if the student…

• “fails to pursue the activities“
• “is unable to continue” the program except for the cases where the student will be eligible for Reduced Course Load
• “violates the Exchange Visitor Program regulations and/or the sponsor’s rules governing the program“
• “willfully fails to maintain the insurance coverage” required under § 62.14
• engages in unauthorized employment

“Terminated exchange visitors have no benefits and cannot apply for an extension, reinstatement, or change of category. Exchange visitors who are terminated, and the accompanying spouse and dependents, should prepare to leave the United States immediately.”

Guidance Directive 2016-01

On a different note, if the exchange student’s J-1 visa is revoked after they enter the U.S., they can continue to stay and study in the U.S. However, when they leave the U.S., they must obtain a valid visa to re-enter the U.S.

Can my dependents study/work in the U.S.?

One of the main differences between F-2 (F-1 visa holders’ dependents) and J-2 (J-1 visa holders’ dependents) is that J-2 visa holders may study or work while in the United States.

When it comes to the study, the Nonimmigrants: Who Can Study? the table shows that “Spouse may attend school,” “K-12 allowed for minor children,” and “Postsecondary allowed for unmarried minor children.”

To engage in lawful employment, J-2 visa holders must submit the I-765, Application for Employment Authorization upon arrival to the U.S.

To learn how to complete the I-765 online, check out the following post (As the following post is written for F-1 students, note that the category for J-2s is (c)(5) not (c)(3)(B)).

Related blog post: How to file Form I-765 online

Hope this helps all J-1 and J-2 visa holders to better plan their academic and professional life in the United States!

To check out all important J-1 visa rules, go to the J-1 visa page.