Changing From J-1 Au Pair Status to Another U.S. Visa or Immigrant Status
Are you an Au Pair in the United States considering leaving your Au Pair program, attending college, pursuing another J-1 program, or changing to a different nonimmigrant status?
Our U.S. immigration lawyers have represented hundreds of Au Pairs and Host Families facing J-1 immigration and change-of-status issues. With more than 29 years of U.S. immigration law experience, we help clients evaluate whether they may qualify to remain lawfully in the United States after their circumstances, education plans, employment opportunities, or participation in an Au Pair program change.
Timing matters. A change-of-status strategy generally should be evaluated before your current J-1 program and authorized status end. The expiration date printed on a visa is not necessarily the same as the expiration of a person’s authorized period of stay in the United States.
USCIS permits qualifying nonimmigrants to request a change of status, but the requirements depend on the classification requested and the applicant’s immigration history. Certain J-1 exchange visitors may also be subject to the two-year foreign residence requirement under INA §212(e), which can significantly restrict their ability to change status in the United States unless an exception or waiver applies.
Why Do Au Pairs Change From J-1 Status?
Every case is different, but these are some of the most common circumstances we encounter.
1. Problems With an Au Pair Agency or Host-Family Placement
Sometimes the relationship between an Au Pair, Host Family, or sponsoring Au Pair organization no longer works.
An Au Pair may want to separate from the agency or placement but may be concerned about:
- Maintaining lawful immigration status;
- The termination of the J-1 program;
- How a change in placement affects the Form DS-2019 or SEVIS record;
- Whether another immigration status may be available;
- How quickly action must be taken; or
- Whether departing the United States may be necessary.
Because a J-1 Au Pair participates through a Department of State-designated exchange program sponsor, leaving a placement or program can have immigration consequences. The Department of State identifies the Au Pair category as part of the BridgeUSA J-1 Exchange Visitor Program.
We can independently evaluate the Au Pair’s immigration options and, where appropriate, advise the Host Family regarding immigration issues affecting the transition.
2. Changing From J-1 Au Pair to F-1 Student Status
Some Au Pairs decide that they want to remain in the United States to pursue a degree or other qualifying academic program at a college or university.
Depending on the circumstances, an Au Pair may explore a change from J-1 Exchange Visitor status to F-1 Student status.
A change to F-1 status involves specific immigration requirements and timing considerations. USCIS provides procedures for eligible applicants seeking to change to F or M student status.
Our legal team can review issues including:
- Current J-1 status;
- Form DS-2019 and SEVIS history;
- School admission;
- Form I-20;
- Financial support;
- Timing of the requested change of status;
- Prior immigration history; and
- Whether INA §212(e) applies.
3. Changing From J-1 to an Employment-Based Nonimmigrant Classification
An Au Pair may later receive an employment, training, or professional opportunity that creates a potential immigration pathway outside the Au Pair program.
Depending on the person’s qualifications, employer, position, immigration history, and other circumstances, possible classifications may include:
H-1B Specialty Occupation
For qualifying professional positions that generally require specialized knowledge and a bachelor’s degree or it’s equivalent in a specific specialty.
H-2B Temporary Nonagricultural Worker
For qualifying temporary nonagricultural employment where a U.S. employer meets the applicable temporary-need and government filing requirements.
H-3 Trainee
For certain structured training programs that meet the requirements of the H-3 classification.
Employment-based changes of status typically involve a petition filed by the qualifying U.S. employer or petitioner. USCIS notes that requests involving certain employment-based classifications are filed through Form I-129, Petition for a Nonimmigrant Worker, rather than solely through Form I-539.
Receiving a job offer by itself does not automatically authorize an Au Pair to begin working for the new employer.
4. Changing From J-1 to B-1 or B-2 Status
In some circumstances, a person completing a J-1 program may have a legitimate temporary reason for requesting another nonimmigrant classification.
Depending on the facts, this could include:
B-1 Business Visitor Status for qualifying temporary business activities that do not constitute unauthorized employment in the United States.
B-2 Visitor Status for qualifying temporary tourism or personal activities.
These classifications are not substitutes for employment authorization. Whether B-1 or B-2 status is appropriate depends heavily on the person’s intended activities, immigration history, timing, and ability to demonstrate a genuine temporary purpose.
5. Moving From the J-1 Au Pair Program to Another J-1 Exchange Program
The Au Pair category is only one of several programs within the Department of State’s BridgeUSA J-1 Exchange Visitor Program.
Depending on the individual’s qualifications and the requirements of a designated program sponsor, another J-1 category may potentially include:
- J-1 Intern
- J-1 Trainee
- J-1 Research Scholar
- Other qualifying J-1 exchange visitor categories
The Department of State maintains separate requirements for the various BridgeUSA program categories.
Moving from one J-1 program or category to another is not automatic. The proposed program, sponsor, SEVIS history, eligibility requirements, and any applicable INA §212(e) restrictions should be carefully reviewed.
Can a J-1 Au Pair Change Status Without Leaving the United States?
Potentially, yes—but not every J-1 Au Pair is eligible to change status inside the United States.
Eligibility depends on factors including:
- The Au Pair’s current immigration status;
- When the J-1 program ends;
- Whether the individual has maintained J-1 status;
- The immigration classification being requested;
- Whether an employer or other petitioner is required;
- Whether the applicant is subject to the two-year foreign residence requirement under INA §212(e);
- The person’s SEVIS and immigration history; and
- Whether USCIS or Department of State procedures apply to the particular immigration strategy.
For certain changes or extensions of nonimmigrant status, USCIS uses Form I-539, Application to Extend/Change Nonimmigrant Status. Employment-based classifications may instead require a petition on Form I-129.
This is why the appropriate strategy should be determined from the specific facts rather than assuming that one filing works for every Au Pair.
Does Your Au Pair Agency’s Lawyer Represent You?
Not necessarily.
This is an important distinction for both Au Pairs and Host Families.
An attorney working for an Au Pair agency or sponsoring organization generally represents that organization, not automatically the individual Au Pair or Host Family.
The interests of the program’s sponsor, Au Pair, and Host Family can sometimes align—but they can also differ.
For example, an Au Pair may want independent advice about:
- Leaving the Au Pair program;
- Maintaining lawful immigration status;
- Changing to F-1 student status;
- Pursuing an employment-based visa classification;
- Participating in another J-1 program;
- Changing to B-1 or B-2 status;
- The consequences of termination of the existing J-1 program; or
- Whether INA §212(e) affects future immigration options.
Likewise, a Host Family may need independent legal advice when an Au Pair’s immigration plans affect the family’s responsibilities or future arrangements.
Independent immigration counsel can evaluate your legal interests separately from those of the Au Pair program sponsor or agency.
Au Pair Agencies Our Clients Have Worked With
Our firm has represented Au Pairs and/or Host Families whose Au Pair arrangements involved organizations including:
- Cultural Care Au Pair
- Au Pair in America / American Institute for Foreign Study (AIFS)
- AuPairCare
- Go Au Pair
- InterExchange Au Pair USA
- EurAupair
- Agent Au Pair
- Expert Au Pair
- Au Pair International
- GreatAuPair USA
- A.P.EX. American Professional Exchange
Our representation of individual Au Pairs or Host Families associated with these organizations does not imply that our law firm represents, is affiliated with, or is endorsed by any of these Au Pair agencies or sponsors.
J-1 Au Pair Immigration Questions Require Careful Timing
When an Au Pair’s plans change, immigration status should be addressed as early as possible.
Waiting until after a J-1 program has ended can significantly limit the options available.
Our immigration lawyers can review the Au Pair’s:
- Passport and J-1 visa;
- Form DS-2019;
- Form I-94;
- SEVIS and program history;
- Au Pair sponsor information;
- Intended school, employer, training program, or other future activity;
- Prior immigration filings; and
- Potential INA §212(e) two-year home-residence requirement.
We can then evaluate whether a change of status, new petition, different J-1 program, consular-processing strategy, departure from the United States, or another immigration option should be considered.
Frequently Asked Questions About J-1 Au Pair Change of Status
Can an Au Pair change from J-1 to F-1 student status?
Potentially. An eligible J-1 Au Pair who is admitted to a qualifying U.S. school may be able to pursue F-1 student status, but the applicant’s current status, program end date, Form I-20, immigration history, and possible INA §212(e) restrictions must be reviewed. USCIS has specific procedures governing changes to F-1 student status.
Can an Au Pair change from J-1 to H-1B?
Potentially. If the individual qualifies for H-1B classification and has a qualifying U.S. employer and position, an H-1B petition may be possible. H-1B eligibility, cap requirements or exemptions, timing, maintenance of status, and any INA §212(e) issues must be analyzed separately.
Can an Au Pair change from J-1 to H-2B?
Potentially. H-2B classification requires a qualifying U.S. employer, temporary employment, and compliance with the applicable H-2B petition process. The individual’s current J-1 status and any restrictions on changing status must also be reviewed.
Can an Au Pair change to B-2 visitor status?
B-2 may be available in appropriate circumstances for a genuine temporary visitor purpose, but it should not be treated simply as a way to remain in the United States indefinitely. Eligibility depends on the applicant’s facts, timing, immigration history, and temporary intent.
Can an Au Pair work after leaving the Au Pair program?
An Au Pair should not assume that leaving the Au Pair program gives permission to work for another employer. Employment authorization depends on the immigration classification and applicable authorization. A new job offer does not, by itself, provide authorization to work.
What is the J-1 two-year home-residence requirement?
Certain J-1 exchange visitors are subject to INA §212(e), commonly called the two-year foreign residence requirement. A person subject to §212(e) generally cannot change to most other nonimmigrant classifications from within the United States unless the requirement has been satisfied or an applicable waiver has been obtained. USCIS states that a J-1 exchange visitor subject to §212(e) generally may change status only to A, G, T, or U status unless the restriction is otherwise resolved.
When should an Au Pair speak with an immigration lawyer?
Ideally, before the J-1 Au Pair program ends or before making a decision to leave the program. Early legal review provides more time to evaluate immigration status, filing deadlines, school or employment opportunities, SEVIS consequences, and alternative strategies.
Speak With a U.S. Immigration Lawyer About Your J-1 Au Pair Options
If you are an Au Pair considering leaving your program, changing schools or careers, pursuing another visa classification, or moving into another J-1 exchange program, our immigration legal team can evaluate your options.
We also advise Host Families that need independent immigration guidance when an Au Pair’s status or future plans change.
With more than 29 years of U.S. immigration law experience, our firm helps clients understand their immigration options before important status deadlines are missed.
Schedule a consultation with our U.S. immigration legal team to review your J-1 Au Pair change-of-status options.
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