US Department of State proposes stricter J-1 visa rules and compliance

The US Department of State has proposed a major overhaul of regulations governing J-1 exchange visitor visas, introducing stricter compliance rules, broader powers to terminate participants and new obligations for sponsoring institutions under one of America's largest academic and cultural exchange programmes, the TOI reported on Friday.

The proposed rule, issued by the US Department of State (DOS), comes weeks after the administration finalised changes ending the long-standing "duration of status" system for J-1 visa holders.

Under the new framework, most exchange visitors will instead be admitted for fixed periods of up to four years and may need to seek extensions if their programmes continue beyond that duration.

The latest proposal, published in the US Federal Register, seeks to tighten how J-1 visa holders maintain their legal status, expand the circumstances under which participation in the programme can be terminated, introduce formal rules for reinstatement after a loss of status and increase compliance obligations for programme sponsors.

The proposal will remain open for public comments for 60 days before it can be finalised.

Unlike the H-1B visa, which is employment-based, the J-1 visa is designed for educational and cultural exchange programmes. It is widely used by Indian postdoctoral researchers, scientists, university faculty, doctors undergoing residency or fellowship training, teachers, interns and trainees affiliated with US universities, research institutions and teaching hospitals. More than 12,000 J-1 visas were issued to Indian nationals during fiscal year 2024.

Stricter rules to maintain visa status

While the proposal does not change eligibility criteria or create new visa categories, it places greater emphasis on maintaining compliance throughout the exchange programme.

A key feature of the proposal is a consolidated definition of what constitutes a failure to maintain J-1 status. At present, the obligations are spread across multiple regulatory provisions. The draft rule brings them together into a single framework, specifying that unauthorised employment, failure to comply with programme requirements or remaining in the US beyond the authorised programme period could result in loss of status.

The proposal also broadens the grounds on which the State Department may terminate participation in the Exchange Visitor Program. In addition to programme violations, the draft identifies criminal conduct, fraud or misrepresentation, national security-related concerns and other circumstances affecting eligibility as grounds for termination.

According to the State Department, the changes are intended to strengthen programme integrity, improve oversight and ensure exchange visitors continue to meet eligibility requirements throughout their stay.

Sponsors face greater compliance burden

The proposal would also formally codify the reinstatement process for exchange visitors who fall out of status. Although reinstatement has long been available administratively, the new regulations would, for the first time, establish detailed eligibility criteria, documentation requirements and procedures for restoring status.

In addition, universities, research institutions and teaching hospitals that sponsor J-1 participants would face enhanced compliance obligations. Sponsors would be required to more closely monitor exchange visitors, promptly report developments affecting their eligibility and maintain updated records in the Student and Exchange Visitor Information System (SEVIS).

The draft rule also proposes a formal mechanism allowing exchange visitors to challenge programme termination decisions, while requiring sponsors to terminate participants who provide false or incomplete information during the application process or while enrolled in the programme.