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J-1 Visa Information
When an Exchange Visitor in J-1 status is admitted to the United States, he or she is issued a Form I-94 (Arrival/Departure Record), marked D/S for duration of status.Section 6 of Form DS-2019 is also annotated D/S. J-1 exchange visitors may remain in the United States 30 days after the ending date on the Form DS-2019. The D/S notation means that INS considers exchange visitors to be in status as long as their Forms DS-2019 are valid and they engage only in activities permitted by the Form DS-2019. They may file for extension of stay, if that is necessary for the accomplishment of program objectives.
Exchange visitor categories
When a form DS-2019 is prepared for an exchange visitor, a particular category of activities is indicated on the form. This designation of a category helps to establish and define a program objective. For example, the student category indicates a formal program of study leading to a degree, certificate, or other similar educational objective while the research scholar category indicates the objective of academic research. In general, a change of category represents a change of objective and is not permitted. Following is a brief description of student employment and Professor and Research Scholar categories.
Student
A college or university student is defined as an individual who is studying in the United States, pursuing a full course of study leading to or culminating in the award of a U.S. degree. College and university students shall register for and complete a full course of study as defined by the accredited educational institution in which the student is registered.
A student must continue in a full course of study except in the following circumstances:• During official school breaks and summer vacations if the student is eligible and intends to register for the next term.
• If the student is compelled to reduce or interrupt a full course of study due to an illness or medical condition and the student presents to the responsible officer a written statement from a physician requiring or recommending reduction in studies.
• If the student is compelled to pursue less than a full course of study for a term and the student presents to the responsible officer a written statement from the academic dean that recommends the student to reduce his or her academic load to less than a full course of study due to an academic reason.
• If the student is participating in authorized Academic Training in accordance with Academic Training regulations.
• If the student needs less than a full course of study to complete the academic requirements in his or her final term.
Professors and Research Scholars
A professor is an individual primarily teaching, lecturing, observing, or consulting at post-secondary accredited educational institutions, museums, libraries, or similar types of institutions. A professor may also conduct research.
A research scholar is an individual primarily conducting research, observing, or consulting in connection with a research project at research institutions, corporate research facilities, museums, libraries, post-secondary accredited educational institutions, or similar types of institutions. Research scholars may also teach or lecture.
Professors and research scholars may be sponsored as exchange visitors only if they have appropriate academic or similar credentials, will be participating in a program that furthers the objectives (to foster the exchange of ideas between U.S. and foreign nationals and to stimulate international collaborative teaching and research efforts), and have activities that are compatible with those objectives. The exchange visitor's appointment to a position shall be temporary, even if the position itself is permanent. The individual shall not be a candidate for a tenure-track position. Temporary is an important characteristic of this sponsorship. Although the individual may be in a position that is by nature or definition a permanent one in the institution, the intention of the sponsor and the exchange visitor as to the participant's stay must be temporary.
J-1 visa requirements
Limitations of stay - Student status
The length of time an exchange visitor in student status may remain in the United States in J-1 status is determined by the general limitations for the category and the length of time needed to complete the exchange objective,Research Scholars and Professors may not exceed 3 years, and Short-term Scholars may not exceed 6 months. These limitations apply to the total length of stay as an exchange visitor. INS allows exchange visitors an additional grace period of 30 days to prepare for departure from the United States. It is important for the exchange visitor to be aware that the exchange activity and any related employment are permitted only until the ending date on the Form DS-2019. The additional 30 days is a status very much like that of a tourist in that one may remain to travel in the United States, but may not undertake activities usually impermissible to a tourist. The exchange visitor is still considered to be in J-1 status for purposes of extension of stay and change of status.
Limitations of stay - Prefossors and Research Scholars status
The Form DS-2019 may be issued initially for the period of the exchange up to a maximum of 3 years. Under certain circumstances, extensions may be granted for an additional 36 months. The first 6 months of the 36-month period may be granted by the responsible officer if the extension is for good cause and the purpose of providing necessary time to complete teaching and research responsibilities. These might include teaching the final quarter or semester of courses, completing and writing up the results of a research project, or presenting findings at a professional or scientific meeting. The USIA must approve any extension beyond 6 months.
Maintenance of status
All exchange visitors must maintain J-1 status by engaging only in activities permitted under the program and the category, filing timely and appropriate transfer and extension notification, refraining from unauthorized employment, and maintaining required health insurance coverage. An exchange visitor who violates or falls out of status loses eligibility for extension, transfer, employment, and change of status. A student who drops out of school or fails to carry a full course of study or a researcher whose research is terminated but who remains in the United States has violated status. Both are deportable. Unlike the F-1 student, the J-1 has no provision for reinstatement and the United States Information Agency (USIA) has expressed opposition to any such provision.
Transfer of program
An exchange visitor who transfers from one program sponsor to another cannot use that transfer to prolong his or her stay in the United States beyond the limitations of the pertinent category, but he or she will be subject to the time limitations for the specific category. An exchange visitor must have special permission from USIA to change from one category to another and may not do so if it is apparent that the reason for the attempted change of category is principally to delay departure from the United States. An exchange visitor in any category may transfer from one program sponsor to another if the purpose of the transfer is to complete the objective for which he or she was admitted - and if the exchange visitor remains within the same category.
Termination of program
• Fails to pursue the activities which he or she was admitted to the United States.
• Is unable to continue unless otherwise exempted pursuant to these regulations.
• Violates the Exchange Visitor Program regulations and/or the sponsor's rules governing the program if, in the sponsor's opinion, termination is warranted.
• Willfully fails to maintain the insurance coverage required under the Exchange Visitor regulations.
• Engages in unauthorized employment, it is the responsibility of USIA, not the sponsor or responsible officer, to determine when unauthorized work has occurred and to terminate the exchange visitor's program.
Upon termination from a program the individual has 30 days from the effective date of termination to depart the United States and surrender Form I-94 confirming departure. The individual is considered to be in status during that 30-day period.
Twelve months bar for professors and research scholars
Professors and research scholars who have been physically present in the Untied States in J status for all or part of the 12 month period immediately preceding the date of program commencement set forth on his/her Form DS-2019 is subject to the 12 month bar. The professor or research scholar must be absent from the U.S. for a period of 12 months before participating in another J-1 program.
Two years home country physical presence requirement
The 2-year home country physical presence requirement is one of the most important special characteristics of J-1 status and should be thoroughly understood by the exchange visitor. The determination as to whether an exchange visitor is subject to the 2-year home country physical presence requirement by virtue of the need for his or her specialized knowledge or skills in the home country is made by reference to the Exchange Visitor Skills List, an official list of fields of specialized knowledge and skills needed in each country, as determined by the governments of those countries.
The exchange visitor is subject to the 2-year home country physical presence requirement only if participation in an exchange program began after his or her field of study appeared on the skills list. The 2-year home country physical presence requirement may be waived for any one of four reasons. The Office of International Programs has handouts on procedures for the waiver application.
Inviting dependents or guests to the United States
Dependents
To invite dependents (wife, husband, and/or children) to the U.S. after your arrival, you need to send them an I-20A/B or DS-2019 issued in your name so they may obtain their U.S. visas. Dependents of those students holding F-1 status will receive F-2 visas; dependents of J-1 visa holders will receive J-2 visas. Requests for these documents must be made in the OIP (or to your sponsor for those on DS-2019's from other agencies). Proof of adequate financial support (as indicated on the Declaration and Certification of Finances) for the family's stay will be required in order to obtain an I-20A/B or DS-2019 from the OIP. There is a $50 processing fee for this purpose.
Once in the U.S., those on F-2 visas may not accept employment of any type, at any time. Those on J-2 visas may accept full or part-time employment with permission from INS if a job can be found and is not needed to support the person on the J-1. Students should plan very carefully for the increased financial obligation which the family will incur (health insurance and care, schooling for children, higher rent and utilities, etc.) before deciding to bring their family members to Akron.
Note: J-2 employment handouts are available in OIP.
Temporary visitors
Those who wish to invite friends or family members other than spouse/children for atemporaryvisit to the U.S. need not send any forms, but rather a personal letter to the prospective guest inviting them to visit you for a specified period of time. This will enable the visitor to obtain atourist visaat the U.S. Embassy/Consulate abroad. If you need a letter stating that you are a current student, go to the Registrar's Office, Spicer Hall, Room 117 and request a Current Enrollment Letter
Timetable to produce needed documents
For your convenience, we have provided a timetable which tells how long it takes to process routine documents.
Please follow the timetable to be sure your request will be granted by the time you need it.
| Sign I-20A/B or DS-2019 for travel |
2 days |
| New I-20A/B or DS-2019 |
7 days |
| I-539 (Extension of Stay) |
7 days |
| Extension of Stay (DS-2019) |
7 days |
| I-20A/B or DS-2019 for family to come* |
7 days |
| Transfer letter for other U.S. college |
14 days |
| Replacing lost I-20A/B or DS-2019* |
14 days |
(*) Note: There is a $50 fee for dependent I-20A/B or DS-2019's, and also for replacing lost documents
It is extremely important that you keep certain documents in a safe place. You should keep all I 20A/B or IAP-66's issued to you, as well as a copy of any immigration forms you might have completed during your stay in the United States (i.e. an application for Practical Training). You should also keep important items such as copies of income tax returns, apartment leases, important correspondence, validated financial statements for tuition, registration slips, etc. These items may become important at a later date. You should not rely on the Office of International Programs to provide you with copies of important documents.
Comparison with other visa classes
The visa class most often compared with the J-1 professor or research scholar is the H-1B temporary worker. The chief differences between the J-1 and H-1B are intent and purpose. The J-1 is for the purpose of exchange and requires temporary intent while the H-1B is for the purpose of employment and permits dual or future permanent intent. The H-1B, unlike the J-1, requires approval by the Department of Labor and a petition to and approval by the INS with accompanying lengthy delays. The H-1B does not carry the 2-year home country physical presence requirement, which may accompany the J-1.
Short-term scholars
A short-term scholar is defined as a professor, research scholar, specialist, or a person with similar education or accomplishments coming to the United States on a short-term visit for the purpose of lecturing, observing, consulting, training, or demonstrating special skills at research institutions, museums, libraries, post-secondary accredited educational institutions, or similar types of institutions. Examples include educators, scientists, research fellows, writers, and museum administrators.
A short-term scholar is permitted to participate in activities such as conferences, workshops, seminars, and other events if these activities are stated on his or her Form DS-2019. The 3-week minimum duration of stay requirement is lifted for this category of participate. The maximum duration of stay is limited, however, to 6 months. A short-term scholar is not permitted to extend his or her stay.
Re-entering the United States
An exchange visitor making a temporary visit outside the United States must have the following documents in order to re-enter the United States in exchange visitor status: a valid passport and visa (unless exempt from passport and visa requirement) and a current copy of the Form DS-2019 (pink copy) signed on the reverse by the responsible officer or alternate responsible officer at The University of Akron.
If the exchange visitor's visa is no longer valid, or if the number of authorized entries has already been used, he or she must apply to a U.S. consulate or embassy outside the United States for a new visa. For this purpose, the pink copy of the Form DS-2019 is acceptable to some consular officers. However, it is advisable to have a new completed Form IAP-66 in order to avoid possible difficulties at the consulate.
Mandatory health insurance
J-1 visa holders are required to have medical insurance in effect for themselves and any accompanying spouse and/or dependents on J visas
• Minimum Coverage - At a minimum, insurance shall cover (1) medical benefits of at least $50,000 per person per accident or illness; (2) repatriation of remains in the amount of $7,500; and (3) expenses associated with medical evacuation in the amount of $10,000.
• Additional Terms - A policy secured to fulfill the insurance requirements shall not have a deductible that exceeds $500 per accident or illness, and must meed other standards specified in the regulations.
• Maintenance of Insurance - Exchange visitors must maintain the required insurance during the duration of their programs.
The University of Akron is responsible for making the exchange visitors aware of insurance requirements and for terminating the participant from the program if he/she willfully fails to meet those requirements. The exchange visitor is responsible for purchasing the correct amount of insurance. The University of Akron advises the exchange visitor of the insurance requirements in the prearrival information.
Travel
In-Country
If you intend to travel within the U.S. during your stay, there are no special documents necessary. However, be sure to carry your passport, I-94, and DS-2019 with you so that you will have legal, identifying documents in your possession should any problems arise.
Out-of-U.S.
If you intend to travel temporarily out of the U.S. and return, you will need to have a valid DS-2019 for re-entry (see below). You will also need to have a valid U.S. visa to re-enter and, of course, your passport must be valid. If necessary, make sure you obtain a new U.S. visa at the U.S. Embassy/Consulate abroad before returning, as you will not be permitted entry to the U.S. without it.
A valid DS-2019 is either a properly endorsed pink copy of a previously issued DS-2019 with an expiration date valid at least 30 days beyond the date you will re-enter the U.S. or a new DS-2019 issued by your program sponsor. If your documents were issued by The University of Akron, please come to the Office of International Programs at least one week before you travel, to have the pink copy of your DS-2019 endorsed.
Travel to Canada
Please refer to the F-1 section. SubstituteDS-2019 wherever reference is made to I-20.
When traveling to Canada or any other country all regulations of that country apply.You may need to secure a visa for the country(ies) you intend to visit before departing. The Office of International Programs has addresses and phone numbers of foreign embassies/consulates for your reference.
Note: U.S. immigration regulations are subject to change. Be sure to check with the Office of International Programs before traveling outside the U.S. or transferring to another school.
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