Visa vs. Status
Please note that the following information is meant to be used only by Florida State University faculty, staff, students, and potential visitors to Florida State University and only in the context of international visits to FSU specifically. It is not intended to be used and should not be construed as general legal advice.
There is often confusion over the difference between visa and status. In many countries, a visa is directly tied to one’s immigration status. In the U.S., the visa simply allows a foreign national to apply for admission at a U.S. Port of Entry. The U.S. Port of Entry actually grants one’s legal immigration status in the U.S. through their endorsement of one’s I-94 arrival/departure card.
This endorsement and granting of one’s status is done each time one enters the U.S. It is for this reason that it is essential that one is completely prepared each time they travel with documentation of their current legal status (transcripts, funding, valid travel signature). It is also important that the scholar carefully reviews the I-94 for accuracy at the Port of Entry (be certain the Port grants the current legal status), and that the scholar provides the International Center with updated copies of the I-94 each time they travel.
For J-1 scholars, the Port of Entry will mark J-1 as the visa status and D/S for duration of status. This D/S indication allows the sponsoring institution or agency to extend or transfer one’s legal immigration status as a J-1 scholar without any additional applications to U.S. Citizenship and Immigration Services.
Changes of status (to a different immigration status, such as H or F) while remaining in the U.S., do require additional applications to U.S. Citizenship and Immigration Services (USCIS). A change of status is not complete until USCIS issues a new I-94 card showing one’s new status. The two-year residence rule may effect changes in status.
In situations where one has extended their J-1 status or changed to a different status while remaining in the U.S., they may have a valid and legal immigration status without having a valid visa in their passport. Although a scholar may have their status extended, transferred, or changed and still be “legal” while remaining in the U.S., they often will not have a visa valid for travel outside the U.S.
If one’s visa is no longer valid or they have changed status in the U.S., the only way to obtain a new visa for travel is to apply at a U.S. consulate abroad the next time one travels. There is currently no way to apply for a visa inside the U.S. If one does not have a valid visa showing their current status, they should not travel into the U.S. on a tourist visa or in the Visa Waiver Program and continue to work or conduct collaborative research or training. Tourist status is short-term and does not allow full-time salaried work or full-time training. There are some situations where a valid visa is not necessarily required for travel, see Automatic Visa Revalidation under Travel and Visas on our web site. This type of travel is very limited.