Two-Year Home-Country Physical Presence Requirement:
Exchange visitors whose programs are financed in whole or in part, directly or indirectly by either their government or by the U.S. Government, are required to reside in their home-country for 2 years following completion of their program BEFORE they are eligible for immigrant status, temporary worker (H) status, or intracompany transferee (L) status. To waive this requirement is a long and complicated process, see https://travel.state.gov/content/travel/en/us- visas/study/exchange/waiver-of-the-exchange-visitor.html .
Your Visa and the US Department of State
As mentioned earlier the visa type granted to AFS high school participants is called a J-1 visa. This allows you to enter the U.S. and remain here for the duration of your AFS program while attending school.
Changing Visa Status After Arrival
Switching visa status upon arrival in the U.S. is difficult and may be grounds for deportation or prosecution for visa fraud. AFS students MUST carry a J-1 visa stamp in their passports. They cannot remain as exchange students in the U.S. on any other visa except J-1.
In some cases, we have participants who are erroneously issued a B visa (Tourist Visa). This is not considered a student visa for full-time study. Since the AFS-sponsored DS-2019 is a J-1 visa Certificate of Eligibility, AFS is able to assist the participant with correcting their record.
Program Extension - When Switching from Semester to Year Program
If you are a Fall Semester program participant who, after starting your program, wishes to extend to a Year Program, please inform your liaison who can reach out to AFS-USA staff to determine whether this is possible. Only Fall arrival participants may consider extending to a year program, participants who arrive in the winter may not extend their program. The deadline for requesting a program extension for summer program participants is Nov 3, 2023.
When a program extension is approved, an AFS Alternate Responsible Officer (ARO) will update the participant’s SEVIS record, extend the program, print out the DS-2019 Form with the new end date, and mail it out to the student. The updated DS-2019 form is proof of legal status in the U.S.
However, the expired visa stamp will not be replaced. There is no government office in the United States responsible for issuing a new visa stamp. Expired visas are essentially cancelled and not valid for reentry to the U.S. If the student leaves the U.S., they will need to reapply and be granted a new J-1 visa at a U.S. consulate in their country of residence in order to continue with their J-1 program.
Thinking of Staying Beyond a Year?
Consulates abroad grant AFS participants the J-1 visa with the understanding that students will return to their home countries at the conclusion of the program in order to fulfill the purpose of the exchange. Fall Semester program participants who request to extend and are granted permission to stay for a year by AFS, may legally stay in the U.S. until the adjusted program end date indicated on their DS-2019 form.
CBYX, FLEX and YES students must return home at the end of the program on the assigned travel date.
Students should be aware not to overstay in the U.S. If permitted, know how long you can stay legally in the U.S. after your AFS program. Overstaying can negatively impact any future possibility of acquiring a non-immigrant visa or legal residence in the U.S. It is prudent to return home in compliance with the visa requirement and then reapply for a new program if so desired. Returning home after the program is the best evidence of the participant’s strong ties to their home country. Going by this route also indicates participant’s adherence to the exchange program regulations and to the immigration laws of the United States.