Proposed J-1 Visa Changes Would Raise Compliance Stakes

The U.S. Department of State is proposing significant changes to the J-1 Exchange Visitor Program that would increase compliance obligations for program sponsors and create new risks for foreign employees, researchers, students, and scholars participating in U.S. exchange programs.

The proposed rule, which would update regulations that have not been significantly revised since 1999, would expand the circumstances under which J-1 exchange visitors can have their programs terminated, shorten the window for correcting certain Student and Exchange Visitor Information System (SEVIS) errors, and impose earlier deadlines for some extension requests.

For employers and higher education institutions that sponsor J-1 exchange visitors, the changes could require closer monitoring of participants’ immigration status, employment authorization, and documentation.

“The proposal would shorten the period for correcting many SEVIS status errors from 120 days to 30 days, expand the circumstances requiring or permitting termination of exchange visitor participation, and impose a strict advance filing deadline for certain program extensions,” said Alexandra Mitropoulos, an attorney in Nixon Peabody’s Boston office.

“The proposal places additional operational pressure on international student and scholar offices that are already preparing for significant regulatory changes. If finalized, institutions will also need to revisit SEVIS monitoring, advising, and recordkeeping practices.”

The proposal comes as institutions are already preparing for the U.S. Department of Homeland Security’s recent final rule replacing the longstanding “duration of status” framework with fixed periods of authorized stay for F-1 and J-1 visa holders.

Specialty Credential: U.S. Employment Immigration

Shorter Window to Correct SEVIS Errors

One of the most significant operational changes would reduce the correction period for many technical SEVIS violations.

“Under the proposal, sponsors could correct qualifying SEVIS records within 30 days when the status issue resulted from administrative oversight, inadvertence, or circumstances beyond the exchange visitor’s control,” Mitropoulos said. “After that period expires, sponsors would need to seek formal reinstatement from the Department of State, submit supporting documentation, and pay a $367 filing fee. Certain violations, including unauthorized employment and failure to maintain required insurance, would remain ineligible for correction or reinstatement.”

For employers and educational institutions, the shorter window means that seemingly minor administrative errors could become more consequential if they are not identified quickly. SEVIS problems can arise when a sponsor selects the wrong status, fails to make an update, or does not process a transfer or extension on time.

According to the State Department, the amendments are intended to align the regulations with current SEVIS functionality and codify practices that have developed since SEVIS became the primary system for administering exchange visitor records.

Resource: J-1 Visa Sponsorship

Expanded Grounds for Termination

The proposal would require sponsors to terminate exchange visitors in several circumstances, including when participants falsify information or documents, fail to provide complete and truthful information, are no longer engaged in or able to engage in program activities, violate rules warranting termination, or fail to maintain required insurance coverage.

“The truthfulness-related grounds materially expand the circumstances requiring termination,” Mitropoulos said. “This effectively creates a stronger obligation to verify participant information and to act promptly when discrepancies arise.”

The State Department would also gain independent authority to terminate participation if a visa is revoked or canceled, if the exchange visitor engages in unauthorized employment, or if the department determines that false information was provided.

The proposed definition of unauthorized employment would align with language used by U.S. Citizenship and Immigration Services and would apply to both J-1 exchange visitors and J-2 dependents.

The State Department listed proof of U.S. address, educational qualifications, or school attendance information as examples of information that could be falsified on applications or while enrolled. More than 1,700 exchange visitors were terminated in 2024 for infractions that included breaking sponsor rules, failure to continue program activities, disciplinary reasons, and criminal convictions. The largest group involved violations of sponsor rules or regulations, accounting for 975 terminations. Another 300 resulted from failure to continue program activities.

For HR departments, the changes underscore the importance of ensuring that international employees understand the limits of their employment authorization. A J-1 participant who works outside the scope of authorized employment could face consequences extending beyond the workplace, including termination of the exchange program and loss of valid J-1 status.

Exchange visitors would have a limited opportunity to challenge certain State Department termination decisions. Participants would have 10 business days to submit a written statement opposing termination.

Earlier Extension Planning

The proposal also would impose a stricter timeline for certain program extensions. Sponsors seeking an extension beyond the maximum duration permitted for a J-1 category would have to submit the request through SEVIS and provide supporting documentation at least 90 days before the requested extension period begins. The proposal states that late filings would not qualify for exceptions or waivers.

“Institutions may need to identify extension-eligible exchange visitors and begin gathering documentation several months earlier than many currently do,” Mitropoulos said.

Compliance Demands

For HR and global mobility teams, the takeaway is that J-1 compliance may require more proactive oversight. Employers and sponsors should be prepared to monitor SEVIS records more frequently, document requests for information and participant responses, track employment authorization carefully, and begin extension planning well ahead of deadlines, Mitropoulos said.

“The proposal also reinforces that repeated failures to maintain accurate SEVIS records or properly utilize the correction and reinstatement processes could place an institution’s J-1 sponsor designation at risk,” she said.