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Change of Status

Please note that the following information is meant to be used only by Florida State University faculty, staff, students, and potential visitors to Florida State University and only in the context of international visits to FSU specifically. It is not intended to be used and should not be construed as general legal advice.

For those changing to J status, such as F-1/OPT to J-1 Research Scholar, it is important to note that sufficient time must be allowed for the change of status to be approved by U.S. Citizenship and Immigration Services (USCIS). A DS-2019 form does not confer immigration status, only the I-94 as issued by USCIS or a U.S. Port of Entry gives one their immigration status. If there is a gap in approved status, the employee must be taken off payroll during that time, should not be working, and may not be paid retroactively for any work done during the gap in status. Change of Status normally takes 2-4 months. This is important to note with post-docs nearing the end of their OPT period.

In order to change status, one must file an I-539 form, along with a DS-2019 form for the new period of work and appropriate documentation as indicated in the instructions for the form. The I-539 form is located on the USCIS web site.

Students in J-1 status may not change to the research scholar category, due to the one-year bar [hyperlink to our web site page for “One-year bar”]. They may also be barred from H status, L status, or permanent residency due to the two-year residence rule. The International Center can provide guidance on whether or not a particular student is subject to the two-year residence rule. Most J-1 students are subject due to government financing, but some may be eligible for a waiver of the rule.

Scholars changing from J status to another status should also review their initial DS-2019 form and/or visa to ascertain whether or not they are subject to the two-year residence requirement. If there is a question, scholars or departments should certainly check with the Exchange Visitor Advisor at the International Center. The two-year residence rule restricts scholars also from changing to H, L, or permanent residency of any kind. This includes permanent residency applications based upon marriage and the visa diversity lottery, among others. For more information on the rule and waiver procedures, please see Two-year residence requirement.

Scholars should note that, if they are offered a tenure track position, they may no longer participate in the J program with this type of position. They will need to change status. The J program does not permit scholars to hold tenure track positions.

Changes to other statuses than those mentioned above (H, L, and PR) may be permitted, but the I-539 form for the change of status in the U.S. will not be accepted if the person is subject to the two-year rule. In these cases, the individual may need to travel outside the U.S. to apply for the new status.

Changes of category within the J program are also restricted (i.e. Research Scholar to Student) to some extent. For more information, please speak with the Exchange Visitor Advisor regarding the scholar or department’s particular plans.

J-2 dependents with employment authorization documents and those hiring J-2 dependents should be aware that the length of the J-2 holder’s stay is dependent upon the primary J-1 holder’s status. Once the primary J-1 holder has completed or ended their program, the J-2 holder’s status also ends (even though all their documentation may appear valid). If the dependent ceases to be eligible for J-2 dependent status (through divorce, the J-1 ending their program of research or permanently departing the U.S., or children turning 21), they are no longer eligible for J-2 employment benefits either. They must change status, if eligible, to continue work. J-2 dependents are subject to the same two-year residence rules as the primary J-1, though, and, if subject, must obtain a waiver before applying for H status, L status, or permanent residency.