Reinstatement to Lawful J-1 Status

A J-1 exchange visitor (students and research scholars) who has failed to maintain J-1 status MUST apply to the United States Department of State for reinstatement to lawful J-1 status.  Out-of-status exchange visitors are not eligible for benefits such as employment, transfer, and travel signatures.  Before pursuing reinstatement, exchange visitors should make plans to meet with an advisor in the Office of International Programs.

Reinstatement may be necessary under the following circumstances:

• Failure to maintain full-time status as a student
• Failure to obtain a DS-2019 form issued to extend your stay before the expiration of the end date of the DS-2019
• Failure to have a transfer completed to a new J-1 sponsor before the expiration of the first program's DSS-2019 end date.

The Department of State will reinstate exchange visitors to lawful status, provided:

• You establish that the violation of status resulted from circumstances beyond your control or from administrative oversight, inadvertence, or neglect on the part of either you, the Exchange Visitor, or the part of the Responsible Officer of your Exchange Visitor program, or
• That failure to be reinstated would result in extreme hardship, or
• You have been out of program status for less than 180 days.

The Department of State will not reinstate exchange visitors, if the visitor has:

• Knowingly or willfully failed to obtain or maintain the required health insurance at all times while in the United States
• Engaged in unauthorized employment that is not normally approvable for J-1 students
• Been suspended or terminated from the most recent exchange visitor program
• Failed to maintain valid program status for more than 270 calendar days
• Received a favorable recommendation from the Department of State on an application for a waiver of the 2-year home country physical presence requirement.

Requesting Reinstatement

Procedures

The Office of International Programs will submit your reinstatement petition to the United States Department of State after receiving and reviewing the following documents:

• A copy of all DS-2019 or IAP-66 forms issued to you to date
• Documentation of finances.  You may submit letters from your department, government, or a personal bank statement indicating you will have sufficient funds to support yourself
• A letter explaining the circumstances that resulted in the violation of status, including a declaration that the exchange visitor is currently pursuing or intending to pursue the exchange program activity for which you were admitted to the United States.
• A non-refundable application fee in the form of a check or money order payable to the US Department of State for $198.

Once we receive the above, we will process your new form DS-2019 and mail it to the U.S. Department of State for adjudication.

Correcting the Record

Minor or technical violations to your J-1 status may be corrected by an Advisor without the need for a reinstatement petition, if no more than 120 days have elapsed since the event that created the technical or minor violation.

The exchange visitor’s record may be corrected for technical or minor infractions only if the exchange visitor:

• Is pursuing or intending to pursue the original program objective.
• Has not willfully failed to maintain insurance coverage during the period that is being corrected.
• Has not been in substantive violation of the regulations.

• Failure to extend form DS-2019 before its expiration date
• Failure to complete a transfer of programs before the ending date on the current DS-2019 form
• Failure to receive prior approval and/or an amended DS-2019 form before accepting an honorarium or any other type of payment for engaging in a normally approvable and appropriate activity.