You are admitted to the United States for "duration of status (D/S)," defined as the period during which you are pursuing a full course of study in a bachelor's or master's degree, doctoral or post-doctoral program, and any periods of authorized practical training, plus 30 days within which to depart from the U.S. If you fail to comply with the immigration regulations that apply to J-1 status, you may be liable to expedited removal from the U.S., and your eligibility for employment authorization will be seriously affected.
Upon completion of your J-1 activity, you and your J-2 dependents may remain in the U.S. for an additional 30 days. This 30-day grace period is given to you so that you may pack your belongings and travel in the U.S. before you leave this country. Unless you are eligible to apply for a change of status and do so within the 30-day grace period, you cannot remain in the U.S. beyond the 30-day grace period. Staying in the U.S. beyond the 30-day grace period without a pending application for a change of status is considered illegal and will have a negative effect on your ability to come to the U.S. in the future.
Please note that you are not allowed to work in the U.S. during the 30-day grace period. If you exit the U.S. during the 30-day grace period and wish to reenter, you must do so as a tourist with a B-1/B-2 visa or on a visa waiver.
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Definition of J-1 Status
A J-1 visa and J-1 status may be granted to an alien "who is a bona fide student qualified to pursue a full course of study" at an academic or language institution authorized to admit international students. When applying for a J-1 visa, the individual must prove to a U.S. consular official that he or she wishes to enter the United States temporarily and solely for the purpose of study and that the applicant has a permanent residence in a foreign country which he or she does not intend to abandon.
J-1 Regulations
Once you are admitted to the U.S. in J-1 status, you must meet certain obligations in order to maintain your status:
- Report to International Student and Scholar Services (ISSS) for validation of program participation in Student and Exchange Visitor Information System (SEVIS) upon arriving at the University of Miami.
If you have been admitted to the University of Miami to begin an academic program and the University of Miami is your J-1 program sponsor, you must report to ISSS for validation of program participation in SEVIS. This process will change your SEVIS status from "initial" to "active."
If you have been admitted to the University of Miami to begin an academic program and an organization other than the University of Miami is your program sponsor, i.e., AMIDEAST, Fulbright, LASPAU, OAS, etc., you must still report to ISSS. However, you must also report to your program sponsor for validation of program participation in SEVIS to change your SEVIS status from "initial" to "active."
- Have a passport that is kept valid at all times.
- Enroll for a full course of study.
The U.S. Department of State (DoS) requires that you be enrolled full-time (12 credits, if undergraduate; 9 credits, if graduate) each academic semester, except during the semester you are graduating, when you need to enroll only for the credits still needed. Completing an "Incomplete" does not count towards enrollment. In order to be enrolled part-time during an academic term, you must have valid justification such as illness. Be sure to check with your ISSS Advisor before dropping any courses. You must also pursue the academic program described on your Form DS-2019, i.e., Bachelor's Degree in Mechanical Engineering, Master's Degree in Computer Science, etc. at the institution listed on your Form DS-2019, i.e., the University of Miami.
- Apply for an extension of stay if you need to remain in the U.S. longer than the period of time specified on your Form DS-2019.
Since most Forms DS-2019 are issued for a period of only one year, you must extend your stay annually by having your J-1 program sponsor update your SEVIS record and issuing updated Form(s) DS-2019 for yourself (and your J-2 dependents, where applicable).
- Follow certain procedures to transfer to another exchange visitor program.
If you are transferring from one J-1 program sponsor to another, certain transfer procedures must be followed. Check with your ISSS Advisor if you are planning to transfer between program sponsors.
- Follow certain procedures to seek reentry to the U.S. after travel abroad.
If you travel abroad and seek to reenter the U.S. during the course of your J-1 program, you must have a valid passport, an unexpired J-1 visa, and a valid Form DS-2019. Once you have used your Form DS-2019 for initial entry to the U.S., the document must be endorsed for travel validation by your J-1 program's Responsible or Alternate Responsible Officer if you wish to travel abroad and reenter the U.S. again. For students in J-1 programs other than the University of Miami's Program P-1-00212, i.e., AMIDEAST, Fulbright, LASPAU, OAS, etc., please be sure to allow time to mail your Form DS-2019 to your sponsor for signature. Before making travel plans, be sure to check with your ISSS Advisor that your passport, Forms I-94, and current Form DS-2019 are in proper order.
- Follow certain procedures to apply for authorization to engage in Academic Training.
Academic Training is employment that is related to your major field of study, which is an integral or critical part of your academic program. Academic training is available to students in J-1 status for a total of up to 18 months, either before and/or after completion of studies. Students who have completed a Ph.D. are eligible for a total of up to 36 months of post-doctoral training.
This is a very general description of academic training, and does not include all criteria involved. Be sure to check with your ISSS Advisor before accepting any employment.
- Follow certain procedures to apply for authorization to engage in other employment (Non-Academic Training).
Students in J-1 status may engage in part-time (20 hours per week or less) employment if
- the employment is pursuant to the terms of a scholarship, fellowship, or assistantship; or
- if the employment is on-campus; or
- if off-campus, the employment is necessary because of serious, urgent, and unforeseen economic circumstances.
The student must also be enrolled full-time and be in good academic standing. The Responsible or Alternate Responsible Officer of the student's J-1 sponsoring program must approve the employment in advance and in writing. Keep in mind that your program may be sponsored by an organization other than the University of Miami, i.e., AMIDEAST, Fulbright, LASPAU, OAS, etc. It is from these agencies that you must request employment authorization.
- Maintain adequate medical insurance coverage for full duration of J-1 program.
The J-1 regulations require adequate medical insurance with specific items of coverage, not only for the J-1 student, but also for any J-2 dependents, for the full duration of the J-1 program. The University of Miami Health Service will have available an acceptable policy for purchase, or will determine if other policies meet requirements. Failure to maintain proper medical insurance coverage may result in termination of the student's J-1 status.
- Provide updated local and foreign address to UM Student Records.
All international students in J-1 status are required to keep U.S. Citizenship and Immigration Services (CIS) informed of their local and foreign addresses. You must update local address (must be a street address; P.O. Box not allowed) in UM Student Records within 10 days of moving. You must also update your foreign address in UM Student Records. Both can be easily accomplished through the University of Miami's myUM system. This requirement applies for the duration of your J-1 program including any period of authorized Academic Training. If your J-1 program sponsor is an organization other than the University of Miami, i.e., AMIDEAST, Fulbright, LASPAU, OAS, etc., you must also inform your J-1 program sponsors Responsible or Alternate Responsible Officer of any change in your local address within 10 days of moving.
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When to extend
Your permission to stay in the United States ends on the expiration date of your Form I 94 Departure Record card, unless the card is marked "Duration of Status" or "D/S." In that case your permission to stay will expire 30 days after the date shown in item #3 of your Form DS-2019, "Certificate of Eligibility for Exchange Visitor (J 1) Status."
Your J-1 Responsible Officer (RO) or Alternate Responsible Officer (ARO)
To extend your permission to stay in the United States, you must first obtain a new Form DS-2019 from your J 1 Responsible Officer (RO) or Alternate Responsible Officer (ARO), who will need proof of your eligibility before issuing the Form. If your J 1 sponsor is the University of Miami (UM), apply at International Student and Scholar Services (ISSS). If your J 1 sponsor is an agency, and if you are uncertain how to reach your RO, your ISSS Advisor will help you find out.
Eligibility
You are eligible to apply for an extension of stay if you are either studying full time at the school named on your Form DS-2019 and making satisfactory academic progress and have adequate funding; or are about to complete your program of study and want to participate in Academic Training; or are currently participating in an authorized Academic Training program and, within the established time limits, need an extension to finish the program.
Government regulations do not limit the time you may take to finish your program of study as long as you are making academic progress, but you may be subject to limitations imposed by your school on the time allowed to complete your degree, and by your J 1 sponsor (if your sponsor is not UM) on the number of years you may spend in the United States.
Procedures to apply for Extension of Stay
- At least two months before your permission to stay expires, contact your J 1 RO/ARO about an extension. Ask for forms and for instructions on how to proceed.
- Your J-1 RO/ARO will determine if have you maintained J-1 program status. If so, your RO/ARO will update your J-1 Student and Exchange Visitor Information System (SEVIS) record with the extended program information, including new end date and financial information. This must be done before the expiration of your current Form DS-2019. Your RO/ARO will print and sign the updated Form DS-2019. If you have J-2 dependents in the U.S., your RO/ARO will also print and sign updated Forms DS-2019 for your J-2 dependents.
- Your J-1 RO/ARO will give you the updated Form(s) DS-2019 for you to sign and retain. Once you have received your new Form DS-2019 from your J 1 RO/ARO, your extension of stay is completed.
Travel and Reentry to U.S. after Extension of Stay
After you have extended your stay inside the country, avoid a common mistake if you travel abroad. Do not assume that with an approved extension of stay you can reenter this country without an unexpired J 1 visa stamp in your passport (unless you are Canadian). If your J 1 visa stamp has expired, you have to apply at a consulate for a new one in order to reenter the United States as a J 1 student except if you see to reenter through a procedure referred to as "automatic revalidation of visa" described in the next paragraph.
"Automatic revalidation of visa" benefit: Under certain circumstances, you may reenter the US with an expired visa as though the visa were still valid. An expired J-1 visa may be considered to be automatically extended to the date of application for readmission to the US (and therefore the visa in the passport need not have an expiration date that is in the future), provided you do the following:
- Apply for readmission to US after an absence not exceeding 30 days in contiguous territory (Canada or Mexico) or adjacent islands (Saint Pierre, Miquelon, the Dominican Republic, Haiti, Bermuda, the Bahamas, Barbados, Jamaica, the Windward and Leeward Islands, Trinidad, Martinique, and other British, French, and Netherlands territories or possessions in or bordering on the Caribbean Sea other than Cuba);
- Maintain lawful J-1 status and intend to continue doing so;
- Present a valid passport containing Form I-94 which authorizes a stay beyond the date of entry (e.g., D/S);
- Present a properly endorsed SEVIS Form DS-2019.
Under these circumstances, you may be saved the necessity of applying for a new J-1 visa even if your visa has expired. An exchange visitor whose visa has been canceled or voided is not eligible for automatic revalidation of visa benefit. Citizens of "state sponsors of terrorism" cannot take advantage of the automatic revalidation benefit. Any non-immigrant who chooses to apply for a new visa while in contiguous territory is not eligible for the automatic revalidation benefit during the course of that trip, but has to wait until the visa is granted in order to enter the U.S.
A Word of Caution
Extension of your permission to stay is your responsibility. If you forget the deadline and apply late, you risk denial. If you are employed and overlook the date, you will be working illegally. Since such mistakes can have serious consequences, you should make certain that you apply well in advance (two months time is recommended) if you need to extend your stay.
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