U.S. Student Immigration Categories

U.S. Student Immigration Status Information


U.S. IMMIGRATION STATUS CATEGORIES OVERVIEW

This webpage provides an overview of U.S. immigration status categories relevant to MIT’s international student population, including new/incoming, current, and alumni students.

  • The details presented here apply ONLY to MIT-sponsored students and may not reflect the procedures or requirements of other U.S. institutions. Below is a summary of the MIT-specific student immigration categories, each accompanied by key information and links to related ISO resources.
  • For a comprehensive list of all non-immigrant U.S. immigration status categories, individuals should refer directly to the U.S. Department of State (DOS) website [here].

COMPLIANCE ALERT: Individuals who plan to study in the U.S. can ONLY do so if they are in a valid U.S. immigration status that allows for full-time study. For most individuals, this means they MUST study under either F-1 or J-1 Non-Immigrant Student Status.

ATTENTION: Individuals in tourist status (i.e., B-1, B-2, B-1/B-2, or ESTA/VWP) CANNOT study in the U.S., and they MUST change to an eligible U.S. immigration status.

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“F” IMMIGRATION STATUS

F-1 Student Immigration Status

  • Overview: F-1 student immigration status is for individuals pursuing full-time academic study in the U.S. The required immigration document for this status is the Form I-20, “Certificate of Eligibility” immigration document.
  • Eligibility: Individuals qualify for F-1 status if their studies are funded through personal or family funds, scholarships, fellowships, employer sponsorship, or an MIT academic department.
  • Full-Time Enrollment: F-1 students MUST maintain full-time enrollment in each required academic term, which is typically fall and spring.
  • Grace Period: Upon completion of a degree program or authorized practical training (Post-OPT/STEM OPT), individuals in F-1 status and their F-2 dependents may remain in the U.S. for up to 60 days before they MUST depart the U.S., transfer to another U.S. institution, or change their U.S. immigration status. This is known as the “Grace Period”.
  • Transfer SEVIS Record to MIT: Individuals currently in the U.S. with a valid F-1 status may transfer their SEVIS record to MIT if they meet federal transfer eligibility requirements.

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F-2 Dependent Immigration Status

  • Overview: Spouses and unmarried children under the age of 21 who wish to accompany or join an F-1 student in the U.S. for the duration of the F-1 student’s program MUST obtain F-2 dependent immigration status.
  • Eligibility: Individuals qualify for F-2 status if they are legally married to the F-1 student, and children qualify if the F-1 student can provide a birth certificate.
  • Work/Employment: F-2 dependents are NOT eligible to pursue work/employment activities in the U.S., regardless of whether the activity is paid or unpaid, or whether the employer is located inside or outside the U.S. This is NOT allowed under any circumstances.
  • Study in the U.S.:
    • F-2 Spouse:
      • May engage ONLY in part-time, recreational, or avocational study (for personal enrichment or leisure).
      • To pursue a degree-seeking or full-time academic program, the F-2 spouse MUST first obtain a change of status to F-1, M-1, or J-1.
    • F-2 Children:
      • May attend full-time study at the K-12 (elementary or secondary) level.
      • May ONLY attend full-time study at the post-secondary level (college or university) until the age of 21. To pursue a degree-seeking or full-time academic program after the age of 21, the F-2 child MUST obtain F-1, M-1, or J-1 status.

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F-1 U.S. Work/Employment Authorization

CRITICAL REMINDER: The U.S. government defines “work/employment” based on the nature of the activities performed, NOT whether the activity is paid or unpaid, or whether the employer is located inside or outside the U.S.

COMPLIANCE ALERT: Any F-1 student who wishes to engage in work/employment activities while physically present in the U.S. MUST obtain the appropriate authorization BEFORE beginning any activities.

After entering the U.S. in a valid F-1 status and maintaining that status, individuals may become eligible for two (2) specific types of U.S. work/employment authorization:

  • 1) On-Campus: All on-campus work/employment is defined as activities exclusively for MIT, at MIT, and/or funded by MIT (i.e., salary, stipends, fellowships, RA/TA ships, housing benefits, honorarium).
    • NOTE: Activities off-campus, even if paid by MIT, may not qualify as on-campus work/employment.
  • 2) Off-Campus: All off-campus work/employment is defined as activities that DO NOT meet the “On-Campus” work/employment criteria, requiring prior authorization from the ISO and/or USCIS. ONLY individuals currently in F-1 status, who have been enrolled full-time for the previous two (2) academic terms (e.g., fall and spring) at MIT, are eligible for off-campus work/employment authorization.

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“J” IMMIGRATION STATUS

J-1 (Student) Exchange Visitor Immigration Status

  • Overview:  J-1 Exchange Visitor (Student) immigration status is for individuals pursuing full-time academic study in the U.S. The required immigration document for this status is the Form DS-2019, “Certificate of Eligibility” immigration document.
  • Eligibility: Individuals qualify for J-1 status if they are funded by the U.S. government (e.g., Fulbright), a foreign government, a recognized exchange organization, or an MIT academic department.
  • Full-Time Enrollment: J-1 students MUST maintain full-time enrollment in each required academic term, which is typically fall and spring.
  • Grace Period: Upon completion of a program or authorized practical training (Academic Training (AT)), individuals in J-1 status and their J-2 dependents may remain in the U.S. for up to 30 days before they MUST depart the U.S., transfer to another U.S. institution, or change their U.S. immigration status. This is known as the “Grace Period”.
  • Transfer SEVIS Record to MIT: Individuals currently in the U.S. in a valid J-1 status may transfer their SEVIS record to MIT if they meet federal transfer eligibility requirements.

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J-2 Dependent Immigration Status

  • Overview: Spouses and unmarried children under the age of 21 who wish to accompany or join a J-1 student in the U.S. for the duration of the J-1 student’s program MUST obtain J-2 dependent immigration status.
  • Eligibility: Individuals qualify for J-2 status if they are legally married to the J-1 student, and children qualify if the J-1 student can provide a birth certificate.
  • Work/Employment: J-2 dependents are eligible to engage in work/employment activities in the U.S., but ONLY after they have received approval from U.S. Citizenship and Immigration Services (USCIS).
    • NOTE: For new/incoming individuals in J status, J-2 work/employment authorization can ONLY be requested AFTER:
      • The J-1 student is registered and enrolled as a full-time student at MIT.
      • The J-1 students’ registration has been sent from the ISO to SEVIS (first-year students).
      • The J-1 student and their J-2 dependent have been physically present in the U.S. for at least 15 business days.
      • It is AFTER the start date listed on the student’s MIT-issued “Certificate of Eligibility” Form DS-2019.
      • The J-1 student and their J-2 dependent have met all the other requirements.
  • Study in the U.S.:
    • J-2 Spouse & Children:
      • May engage in full-time or part-time study in the U.S.

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J Status Health Insurance Requirement

The J-1 student is REQUIRED under U.S. federal regulations [22 CFR 62.14] to maintain health insurance coverage for themselves and all accompanying J-2 dependents throughout the entire duration of their stay in J status that meets the minimum requirements below:

  • Medical Benefits: At least US$100,000 per accident or illness.
  • Repatriation of Remains: Minimum of US$25,000 for repatriation to the individual’s home country.
  • Medical Evacuation: Up to US$50,000 for evacuation to the individual’s home country.
  • Deductible: Not to exceed US$500 per accident or illness.
  • Additional Guidance: Coverage that includes pregnancy-related medical expenses is strongly recommended.
    • Further information about the Exchange Visitor Program, including the Welcome Brochure, is available on the U.S. Department of State (DOS) website.

CRITICAL WARNING: Failure to maintain compliant health insurance violates U.S. immigration regulations and can result in severe consequences, including termination of J-1 and J-2 status, requiring immediate departure from the U.S.

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J Status Two-Year Home Residency Requirement (212e)

212(e) Requirement Overview: The J Exchange Visitor Two-Year Home-Country Physical Presence Requirement [Section 212(e) of the Immigration and Nationality Act; 22 CFR 41.63] may apply to certain J-1 students and their J-2 dependents.

  • This requirement, often referred to as “subject to 212(e)”, means that after completing a J program, the individual MUST return to their home country for at least two (2) years before becoming eligible for certain U.S. immigration benefits, such as H-1B, L-1, or U.S. permanent residency.

Issuance of the 212(e) Requirement: The U.S. Department of State (DOS) determines whether the 212e requirement applies to individuals in “J” immigration status (i.e., the J-1 student and their J-2 dependents). The determination is noted on the J entry visa sticker/stamp and/or the Form DS-2019.

  • All individuals in “J” immigration status become subject to the 212(e) requirement if any of the following conditions apply:
    • 1) Government Funding: The J-1 student received direct financial support from either the U.S. government or their home country’s government.
    • 2) Exchange Visitor Skills List: The J-1 student’s field of study or research, listed under “Subject/Field Code” in Box 4 of the Form DS-2019, appears on their country’s Exchange Visitor Skills List.
    • 3) Medical Education or Training: The J-1 student entered the U.S. to pursue graduate medical education or training.
      • NOTE: This condition generally does not apply to MIT students.
  • For individuals in “J” immigration status who are subject to the 212(e) requirement, there are two (2) ways to complete the requirement:
    • 1) Return to the Home Country or Country of Permanent Residence: All individuals in “J” immigration status (J-1 and J-2) MUST reside in their home country or country of permanent residence for a total of two (2) years or more after completing their J program and/or Academic Training.
      • To verify completion of this requirement, the individuals in “J” immigration status MUST maintain documentation demonstrating continuous residence for at least two (2) years.
      • Examples of acceptable documentation include:
        • Passport entry and exit stamps.
        • Lease or housing agreements.
        • Employment verification letters.
        • School attendance letters.
        • Affidavits or official statements from credible third parties.
    • 2) Obtain a Waiver of the 212(e) Requirement: All individuals in “J” immigration status (J-1 and J-2) may apply for a waiver of the Two-Year Home-Country Physical Presence Requirement through the U.S. Department of State (DOS).
      • NOTE: DOS MUST approve a waiver BEFORE the exchange visitor can change to certain U.S. immigration statuses or apply for U.S. permanent residence.

What the 212(e) Requirement Does & Does Not Restrict:

  • It Does Restrict: A J-1 student or their J-2 dependents from applying for a Change of Status (COS) within the U.S. or changing to a permanent U.S. immigration status (e.g., H, L, or K statuses, or U.S. permanent residency/green card).
    • NOTE: All individuals in “J” immigration status are ONLY eligible for the above benefits until the 212(e) requirement is fully satisfied or officially waived.
  • It Does Not Restrict: A J-1 student or their J-2 dependents from returning to the U.S. after their J program in another temporary (non-immigrant) status, such as a visitor, student, or researcher, during the two-year home-country period.

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J Status U.S. Work/Employment Authorization

CRITICAL REMINDER: The U.S. government defines “work/employment” based on the nature of the activities performed, NOT whether the activity is paid or unpaid, or whether the employer is located inside or outside the U.S.

COMPLIANCE ALERT: Any J-1 student who wishes to engage in work/employment activities while physically present in the U.S. MUST obtain the appropriate authorization BEFORE beginning any activities.

After entering the U.S. in a valid J-1 status and maintaining that status, individuals may become eligible for two (2) specific types of U.S. work/employment authorization:

  • 1) On-Campus: All on-campus work/employment is defined as activities exclusively for MIT, at MIT, and/or funded by MIT (i.e., salary, stipends, fellowships, RA/TA ships, housing benefits, honorarium). All on-campus activities MUST be requested and approved by the J-1 student’s Program Sponsor (MIT, Fulbright, etc.) BEFORE beginning any activities.
    • NOTE: Activities off-campus, even if paid by MIT, may not qualify as on-campus work/employment.
  • 2) Off-Campus: All off-campus work/employment is defined as activities that DO NOT meet the “On-Campus” work/employment criteria, requiring prior authorization from the ISO and/or USCIS. ONLY individuals currently in J-1 status, who have been enrolled full-time for the previous two (2) academic terms (e.g., fall and spring) at MIT, are eligible for off-campus work/employment authorization.
    • NOTE: Activities off campus, regardless of payment or employer locations, REQUIRE prior authorization through Academic Training (AT) by their J-1 Program Sponsor (MIT, Fulbright, etc.).

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ADDITIONAL RESOURCES

MIT Resources

  • Special Topics in Immigration and International Travel (OGC) webpage
  • MIT Global Support Resources – Travel and Safety Abroad website
  • Technology Tips For Travelers (IS&T) webpage
    • International Travel Considerations section

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U.S. Government Resources

  • The U.S. Immigration & Customs Enforcement (ICE) Guidelines For Travel Re-Entry For F-1 Non-Immigrants webpage
  • The U.S. Customs & Border Protection (CBP) Travel for International Visitors webpage
  • The U.S. Department of State (DOS) J-1 Exchange Visitor Entering the United States information
  • The U.S. Department of State (DOS) J-1 Exchange Visitor webpage
  • The U.S. Department of State (DOS) Section 212(e) of the Immigration and Nationality Act
  • The U.S. Department of State (DOS) Exchange Visitor Skills List (Federal Register updated December 9, 2024)
  • Exchange Visitor Skills List (Federal Register’s 2009 version)
  • The U.S. Department of State (DOS) Waiver of the Exchange Visitor Two-Year Home-Country Physical Presence Requirement webpage

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Disclaimer: The information on this webpage is only for MIT-sponsored students.

For additional questions, students should first review the ISO website thoroughly. They are encouraged to use the ISO search tool (located at the top of the ISO website) or consult the comprehensive FAQ section in the ISO Knowledge Base. MIT students may also contact their designated ISO Advisor directly for assistance.

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