FAQ: CAN J-1 VISA HOLDERS WITH HOME RESIDENCE REQUIREMENT CHANGE STATUS?

Question: I am a Mexican citizen working in the U.S. as a Fulbright scholar under a J-1 visa, but I am subject to the 2-year home residence requirement. Can I successfully change to a TN visa immediately after my J-1 expires?

Reply: The change of status process is when your visa status is automatically changed from one visa classification to another while the applicant is physically present in the U.S. Unfortunately, because you are subject to the J-1 visa 2-year home residence requirement, your employer cannot file an I-129 petition on your behalf seeking a change of status from J-1 to TN status.

Your only option is to apply for a TN visa stamp at the US consulate/Embassy in Mexico. For several months TN visa processing in Mexico had been suspended due to the Covid 19 pandemic. On December 2, the U.S. Department of State announced that the U.S. Embassy/Consulates in Mexico “have resumed limited processing of routine student and work visa appointments, including TN visas, as local conditions allow.” They advise that “applicants should expect to experience delays in appointment availability,” but that individuals with an urgent need for travel can request an expedited appointment.