How does ISSS determine whether or not a DS-2019 can be issued for a permanent position?

The University’s Exchange Visitor program may not be used for tenured or tenure-eligible faculty positions under any circumstance. J-1 status is not appropriate for permanent employment, including individuals in Professional Research Assistant positions. J-1 status is only suitable for temporary positions with a specified end date.

The following are factors that could allow us to bring an individual in on a J-1 when it would not otherwise be appropriate:

  1. Is the individual already in the U.S. in J status?
  2. Will the individual hold a position with us that is not tenured or tenure-eligible?  
  3. Will the individual continue to be involved in activities for which their current Subject/Field Code is appropriate?
  4. Can we demonstrate that the exchange visitor’s activities at the University of Colorado Denver | Anschutz Medical Campus are a continuation of their previous J program?
  5. Is the Exchange Visitor subject to 212(e), the two-year home residence requirement? 
    • If subject, where are they in the waiver application process?
  6. If a transfer, what is the requested or necessary timing (because a previous position will be ending, for example)?
    g.
    • Is there a plan in place to transition from J-1 to another visa category appropriate for a “permanent” position such as H1B?


Based on ISSS’ eligibility analysis and the totality of the circumstances, we may conclude that a J-1 is warranted.  

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