Form I-9 for J-1 exchange visitors: DS-2019 entries, J-1 students, the 2026 extension rule and J-2 spouses

A J-1 exchange visitor completes Form I-9 like any other new hire, with two J-1 specifics: in Section 1 they enter the program end date from their Form DS-2019 as the date their work authorization expires, and in Section 2 the employer usually records a foreign passport, a Form I-94 showing J-1 status and the DS-2019 endorsed by the program's responsible officer as one List A combination, with the SEVIS number as the document number. A J-1 may work only within the program on the DS-2019, for the sponsor or a host it designates, and a J-2 spouse needs an Employment Authorization Document. Since September 15, 2026, new J-1 admissions run to a fixed date and extensions go to USCIS. All of this is as of November 2026.

The student version of these rules is in Form I-9 for F-1 OPT students; the Supplement B steps are in I-9 reverification; and what a recruiter may ask a J-1 candidate before an offer is in work authorization questions in interviews.

Which J-1 exchange visitors can work, and for whom?

Under 8 CFR 274a.12(b)(11), a J-1 "may be employed only by the exchange visitor program sponsor or appropriate designee and within the guidelines of the program approved by the Department of State as set forth in the Form DS-2019." The M-274 adds that an employer may not employ a J-1 participant knowing they are working outside their approved program. In practice the categories fall into three groups:

The M-274 warns that employment for other J-1 categories "is sometimes job- and site-specific or limited to a few months." When the DS-2019 does not answer a question, the handbook's instruction is to call the responsible officer whose name and telephone number are on it. The State Department's program site is j1visa.state.gov.

What does a J-1 enter in Section 1?

The employee checks box 4, "An alien authorized to work," and enters the DS-2019 program end date as the date their authorization expires. A J-1 student instead enters the end date in the responsible officer's letter authorizing the employment, or the program end date on a DS-2019 issued for academic training. They also enter one of: an A-Number or USCIS number, the Form I-94 admission number, or a foreign passport number with the country of issuance. HR can explain the form but should not choose or correct the entries. If the participant has not yet received a Social Security number, see Form I-9 without a Social Security number.

Which documents can a J-1 present in Section 2?

The employee chooses. The current Form I-9 instructions say the employer "cannot specify which documentation an employee may present." M-274 Section 7.4.1 describes the two usual choices and one addition for students:

1. List A combination. A foreign passport, a Form I-94 indicating J-1 status, and a Form DS-2019 with the responsible officer's endorsement. Enter the SEVIS number as the document number and the program end date as the expiration date.
2. List B plus List C. For example, a state driver's license under List B, and the Form I-94 with a properly endorsed DS-2019 as List C document #7. The SEVIS number is again the document number and the program end date the expiration date.
3. J-1 students, in either case. The student also provides the responsible officer's letter, and you enter its information in the Additional Information field.

Only a J-1 whose employment is authorized under the terms of their program may use the DS-2019 for Form I-9. If the participant transfers to a different program or changes sponsor, the DS-2019 must show the new program or sponsor. If you use E-Verify, any List B document must carry a photo, and the case is created as for any new hire.

How are J-1 students and interns different?

For a J-1 student, the DS-2019 alone does not authorize work: the responsible officer must authorize it in writing. Academic training, which the M-274 says can be paid off-campus employment or an unpaid internship that is part of the program of study, is limited by 22 CFR 62.23(f) to 18 months for undergraduate and pre-doctoral training and 36 months for post-doctoral training, counting earlier academic training. Trainees and interns under 22 CFR 62.22 come with a Form DS-7002 training and internship placement plan that the host organization signs; the rule caps training programs at 18 months and internships at 12 months, with shorter limits for some fields.

On unpaid placements, remember the threshold for Form I-9 itself: the M-274 says the form is completed for anyone hired to perform labor or services "in return for wages or other remuneration," and that remuneration includes food and lodging. Check what an "unpaid" intern actually receives before deciding no form is needed.

How did the 2026 rule change J-1 extensions?

The DHS final rule at 91 FR 44976, published July 17, 2026 and effective September 15, 2026, ended admission for "duration of status" for J exchange visitors as well as F students. The parts that reach an employer's Form I-9 file:

• Fixed admission. A J-1 is admitted for the program period on the DS-2019, up to 4 years. They may arrive up to 30 days before the program starts and remain 30 days after it ends "for the purposes of departure or to otherwise seek to maintain lawful status," and the 30 days appear on the I-94 (214.2(j)(1)(ii)). Neither window extends the program the participant may work in.
• A new DS-2019 no longer extends the stay by itself. A J-1 who needs more time, including for academic training, a program change or a program extension, must apply to USCIS for an extension of stay, which is timely if USCIS receives it by the end of the admission period, including the 30 days (214.2(j)(1)(iv)). The participant files it, not the employer.
• Working while it is pending. A J-1 whose I-94 has expired after a timely filing may continue authorized program employment for up to 240 days under 8 CFR 274a.12(b)(20). For applications filed on or before March 18, 2027, it continues while the application is pending, up to the DS-2019 end date filed with it. The expired I-94 counts as unexpired when combined with the USCIS receipt notice and a valid DS-2019, and the authorization ends on a denial (214.2(j)(1)(vii)).
• J-1s already here. A J-1 admitted for duration of status and maintaining status on September 15, 2026 may remain until the program end date on their DS-2019, and no later than October 15, 2030 including the 30-day departure period; authorized employment continues to that program end date (214.1(m)(1)). DHS's preamble says those who travel abroad receive an I-94 with a fixed date when they return.
• J-2 dependents. A J-2 whose admission period has expired may not work until USCIS approves their employment authorization application (214.2(j)(1)(vii)(C)).

As of November 2026, M-274 Section 7.4.1 still shows a last update of October 17, 2023, and it does not say how to record a pending J-1 extension on Form I-9. Until USCIS adds instructions, keep a copy of the receipt notice and the new DS-2019 with the employee's Form I-9, ask counsel how to record them on Supplement B, and check Form I-9 related news before relying on an I-94 date.

What about J-2 spouses?

The M-274 is blunt: J-2 dependents "are only authorized to work if USCIS issued an EAD to them," and a J-2's foreign passport and Form I-94 "are not evidence of identity and employment authorization for Form I-9 purposes." A J-2 employee completes Form I-9 with the EAD or any other acceptable documents they choose; see EAD automatic extensions for why most expired EADs no longer carry an extension. Before an offer, ask a J-2 applicant only the work authorization questions you ask every applicant.

Can a staffing agency or host business employ a J-1?

Form I-9 belongs to whoever employs the participant, which 8 CFR 274a.1(g) defines as the person or entity that engages their services for wages or other remuneration. The State Department's program rules then limit who that can be:

• Summer Work Travel. A sponsor may place a participant with a staffing agency only if the participant is an employee of and paid by the agency, the agency provides full-time, primary, on-site supervision, and it effectively controls the work site (22 CFR 62.32(g)(6)). Sponsors must confirm initial, replacement and additional job placements before the participant starts work (62.32(g)(2)), so a job change is not a same-day decision.
• Trainees and interns. These programs "must not be used as substitutes for ordinary employment or work purposes," nor to displace American workers (22 CFR 62.22(b)). A J-1 intern placed under a DS-7002 is not a temp to be moved between clients.
• Au pairs. Host families take au pairs through a designated sponsor under 22 CFR 62.31, which limits child care to 10 hours a day and 45 hours a week. The household side of Form I-9 is in Form I-9 for household employers.

Who completes the form when an agency does employ the worker is covered in Form I-9 for staffing agencies.

A J-1 Form I-9 checklist

• Confirm the role and site match the program on the DS-2019 (and the DS-7002 for trainees and interns).
• For a J-1 student, have the responsible officer's written authorization before the first day.
• Section 1 date: the DS-2019 program end date, or the officer's letter date for a student.
• Section 2: SEVIS number as the document number and program end date as the expiration date; officer's letter in Additional Information for students.
• Accept List A or List B plus C, whichever the employee chooses.
• Diary reverification for the program end date, and ask the participant early whether the sponsor plans an extension, since the participant must now file with USCIS.
• Keep any USCIS receipt and new DS-2019 with the form, and get counsel's view on recording a pending extension.
• J-2 employees: EAD or other documents of their choice, never the J-2 passport and I-94 alone.