VISA INFORMATION FOR J-1 EXCHANGE VISITOR STUDENTS

Transcription

1 VISA INFORMATION FOR J-1 EXCHANGE VISITOR STUDENTS Introduction All foreign nationals must apply for visas at American Embassies and Consulates to enter the United States. Admission of aliens is controlled by the U.S. Bureau of Customs and Border Protection which is an agency of the U.S. Department of Homeland Security. Once in the U.S. Citizenship and Immigration Services administers immigration regulations and procedures for non- U.S. citizens. The U.S. Department of State (DOS) and the U.S. Department of Homeland Security (DHS) oversee and administer the regulations governing exchange visitor programs. The East-West Center has been designated by the U.S. Department of State (DOS) as an exchange visitor program. All EWC degree students who are not U.S. citizens or U.S. permanent residents are required to use the J-1 exchange visitor visa under the terms of our exchange visitor program and U.S. Government funding. All exchange visitor and DHS regulations must be observed. Failure to comply with exchange visitor and DHS regulations jeopardizes your legal status and could make you liable to deportation from the United States. The EWC visa policies and procedures described below are based on current exchange visitor program and DHS regulations. The Visa Officer is the East-West Center staff member responsible for all visa matters concerning EWC participants. If you have questions about visas (J or otherwise), however vague or small, please feel free to consult with the Visa Officer, Burns Hall Room 2067, phone (808) THE EXCHANGE VISITOR (J-1) VISA All EWC international students are required to come to the United States on the J-1 exchange visitor visa and are considered to be participants in the Center's exchange visitor program. The East-West Center is your program sponsor and issues you a Form DS-2019 which you use to apply for the J-1 visa to enter the U.S. in the student category for a specific educational objective and for a specified length of stay, extendable until completion of your degree program. The Two-Year Home Country Residence Requirement The purpose of the Exchange Visitor Program is to bring qualified individuals to the United States to acquire knowledge, skills, and experience that will benefit themselves and their home country. Upon completing their program, exchange visitors are expected to return to their country of citizenship or permanent residence (as indicated on the Form DS-2019) to apply and share the knowledge and experience gained during the program. As is stated on the DS-2019 [Certificate of Eligibility for Exchange Visitor (J-1) Status] that you sign, you may be subject to a two-year home country residence requirement by virtue of the U.S. Government or your home country funding of the East- West Center program or if your field of study is on the Exchange Visitors Skills list (a list of field of specialized knowledge and skills and those countries which require the services of persons engaged in one or more of such fields). This means that you are required to return to your country of citizenship or permanent residence upon completion of your J-1 program for an aggregate of two years before you are eligible for immigrant status (permanent residence) or temporary work visas H or L. Residence in another country will not fulfill this requirement. While you are not eligible to re-enter the U.S. on the H or L visa or as an immigrant without completing the residence requirement, you may apply for most other nonimmigrant visas, such as B-1 (business), B-2 (tourist), F-1 (student), or J (exchange visitor or dependent), subject to meeting the

2 requirements of the specific visa classification and approval by an American consular officer. However, temporary entry on another nonimmigrant status does not indicate release from the residence requirement. Change of Status J-1 exchange visitors who are subject to the foreign residence requirement cannot change from J visa status to any other nonimmigrant visa status within the U.S. One must depart the U.S., apply for another visa at an American embassy or consulate abroad, and re-enter on the new visa. The only exceptions are for change of status to the A (diplomatic) visa and G (international organization) visa, to which one may change without departing the U.S. Again, a change of status or temporary entry on another visa does not indicate release from the residence requirement. Change of Category You may not change from one exchange visitor category to another. For example, you may not change from student to professor or research scholar/specialist. A change of exchange visitor category is considered a change in program objective and can only be authorized by the U.S. Department of State (DOS). If you are beginning a new exchange visitor program in a different category, you must depart the U.S. and re-enter under your new program. MAINTENANCE OF J-1 STATUS In the U.S. it is your responsibility as an exchange visitor to comply with the following DHS regulations: 1. Full-time Student Status: You must be registered as a full-time student during the fall and spring semesters. For graduate students, the definition of "full-time student" is given under Enrollment Requirements and Credit Hours in the Graduate Education section of the University of Hawaii catalog. Full-time graduates carry a minimum of 8 credit hours per semester. If you are unable to register for a full-time load for a bonafide academic reason, you must complete a EWC Request for Authorization to Drop Below Full-Time Enrollment with input/approvals from your UH department advisor and EWC Scholarship Coordinator indicating the reason(s) for a reduction of academic load to less than a full course of study. If the reason is due to an illness or medical condition, a written statement from a physician is required. The East-West Center expects you to pursue your program objective in a timely and sustained manner. Visa sponsorship can be terminated prior to expiration of the authorized stay shown on your Form DS-2019 and Form I-94 due to unsatisfactory academic progress or termination of your program by the sponsor. 2. Authorized Employment: J-1 students may be authorized for employment only by the Responsible Officer of the exchange visitor program (i.e., the EWC Visa Officer) upon the recommendation of the appropriate Scholarship Coordinator. While on grant, EWC students are not permitted to work (engage in any income-producing activity), unless employment is approved under EWC policy. While on leave of absence or after completion of the EWC grant, J-1 students may request employment authorization from the EWC Visa Officer if employment is in accordance with exchange visitor regulations (see J-1 Student Employment Procedures). Unauthorized employment is considered a violation of nonimmigrant status. 3. Passport Validity: DHS requires your passport to be valid at the time of application for extension of stay and you must maintain the validity of your passport throughout your stay. An application for extension of stay cannot be processed without the required passport validity. Do not wait until the last minute to extend an expiring passport; it may take several months for your country's embassy or consulate to revalidate your passport or issue a new passport. You can obtain information on the procedures for passport renewal from your country's embassy or consulate in the U.S. Addresses and telephone numbers are available from the EWC Visa Office.

3 4. Timely applications for extension of stay: Your Form I-94 will indicate that you are authorized to stay in the U.S. for "Duration of Status" (D/S). This is the period of your Form DS-2019 plus 30 days. If you do not complete your program within the period indicated in your DS-2019, you may request an extension of visa sponsorship. For more details, see Procedures for Extensions of EWC J-1 Exchange Visitor Students. 5. Report Changes of Address: You must report to the EWC Visa Office within 30 days of your program start date and provide a residential address and contact information. If you change your residence in the United States, you must report the change and provide your new address (and updated contact information) within 10 days of the change CHANGE IN FIELD OF STUDY OR DEGREE OBJECTIVE J-1 students are admitted to the U.S. to engage in a specific educational objective. A change in field of study must be to a closely related field for the purpose of accomplishing your original objectives for academic study in the U.S. and must be approved by the East-West Center. If a change in field of study or degree objective is approved by EWC, a new DS-2019 and justification for the change will be issued to notify the U.S. Department of State (DOS) of the change. If you are applying to change your field of study or to change your program objective and you are here on deputation, study leave, or some other kind of leave of absence from employment in your home country, you are required to have your home country employer's approval of the proposed change in writing before the EWC can give final approval of the change in field or degree objective. If required, program representative approval must also be requested by the Center. TRAVEL AND RE-ENTRY TO THE U.S. DURING PROGRAM If you leave the U.S. temporarily during your program, please be sure you have all the documents required for re-entry to the U.S. You must also notify your Scholarship Coordinator and leave an address where you can be contacted in case of emergency. For re-entry to the U.S. you will need: 1. A valid DS-2019 endorsed by the EWC Responsible Officer/Alternate Responsible Officer for travel. Travel endorsements are generally valid for one year. 2. A passport valid for 6 months beyond the expiration date of the DS-2019; and 3. A valid J-1 entry visa stamp. If your entry visa has expired, you will need to take the DS-2019 to an American consulate abroad and apply for a new visa since it is not possible to obtain a J visa within the U.S. Also, make sure you have any visas required for the countries you will visit. Please see instructions for Travel Abroad and Re-Entry to the U.S. for detailed information. COMPLETION OF PROGRAM 1. Departure Information: For visa clearance upon completion of your program objective and final departure from the U.S., please inform the Visa Officer of your departure date, port of departure (if not Honolulu), airline, and flight number. 2. Early Termination of Program: If your grant is terminated prior to the anticipated completion date, either by you or the Center, visa sponsorship will be terminated effective the date of grant termination unless you meet the requirements for visa sponsorship explained in Procedures for Extensions for EWC J-1 Exchange Visitor Students. You are required to depart the U.S. immediately after termination of visa sponsorship. If a sponsor terminates an exchange visitor's participation in an exchange program or an exchange visitor ceases to maintain exchange visitor status and remains in the U.S. beyond the period of authorized stay, the program sponsor is required by federal regulation to report the termination of visa sponsorship and the circumstances involved to the U.S. Department of State (DOS).

4 TRANSFER TO ANOTHER EXCHANGE VISITOR PROGRAM The East-West Center does not sponsor visas beyond the date of program completion. The Center strongly encourages participants to return home upon completion of the specific program objective for which they came. Requests to transfer to another exchange visitor program may be considered under the following circumstances: 1. It is necessary to enable you to meet your original academic objectives as stated in your initial application to the Center; 2. Your current academic program at the University of Hawaii and the East-West Center cannot meet your educational objectives for reasons beyond your control; 3. It has the strong support of your home country employer (if applicable) and home country program representative (if required); 4. You are not changing field of study or academic objectives, or specializing in such a way that you cannot apply the additional or advanced degree in your home country; 5. Transfer is to be made to a university with an exchange visitor program. It is not possible for exchange visitors subject to the two-year home country residency requirement to change from J- 1 status to F-1 student status within the U.S.; AND 6. Requests for transfer should be submitted at least 45 days before planned departure for the new program (at least 60 days is recommended). The Center will not consider any transfer requests submitted after expiration of the final period on the Center's DS Conclusion If you have any questions or problems in complying with these regulations, please consult the Visa Officer immediately. EWC staff are available to advise and assist you in maintaining your legal status to enable you to complete your educational objective while under our program sponsorship. However, it is also our responsibility by law to report to the U.S. Department of State (DOS) and U.S. Department of Homeland Security (DHS) when an exchange visitor ceases to maintain his/her nonimmigrant status. As your program sponsor, the East-West Center will make every attempt to assist you with any problems related to your visa status in the U.S. Please feel free to consult the Visa Officer about even the smallest questions which might have an impact on your legal status in the U.S. info/visa/student.doc - 05/12/2009

5 VISA APPLICATION PROCEDURES FOR J-1 DEGREE STUDENTS This information sheet is for international students who have received East-West Center degree fellowships. To enter the U.S. as J-1 student under EWC sponsorship, you must have a valid J-1 visa stamp in your passport. The enclosed Form DS-2019 is your Certificate of Eligibility for J-1 student status. In your award packet you will find information on the J-1 exchange visitor visa. Please read it carefully. If you have any questions, please contact the EWC Visa Officer. If you decline the award, do not use this form for entry to the U.S. Please return it to the EWC Visa Officer immediately at the address below. Failure to do so may jeopardize any future visa applications and participation in Center programs. The East-West Center has issued you a Form DS-2019 for the total anticipated period of your award. Your EWC award is issued initially for 12 months and is subject to annual review. The DS-2019 is not a contractual agreement that obligates the Center to financial support for the entire period indicated. Continuation and/or extension of your award and visa sponsorship by the Center beyond the first 12 months is contingent upon satisfactory academic performance, EWC participation requirements, and maximum award length. Your J-1 status may be extended after your initial DS-2019 expires in order to complete your degree program, contingent on availability of funds. The Center will continue to sponsor your visa as long as you have EWC funding or adequate alternate funding. Visa sponsorship can be terminated upon termination of your award and/or failure to comply with exchange visitor program and immigration regulations. The exchange visitor and immigration regulations as well as EWC visa policies and procedures will be explained in more detail during your orientation program after arrival. Applying for a J-1 Visa Apply for your visa appointment as soon as possible because consulates are required to interview all applicants. To obtain a J-1 visa, you must apply in person to the nearest American Embassy or Consulate. As specific requirements vary from consulate to consulate, please check with the consulate first to be sure you have all the required supporting documents. IMPORTANT: SEVIS Fee. An additional SEVIS Fee of $180 will be collected from all J-1 exchange visitors. EWC-sponsored visitors under P (noted on your DS-2019) are required to pay the fee. (If your EWC program is covering the fee, a confirmation of payment/receipt will be enclosed in this packet. If not, please refer to for instructions/payment options.) You will need to use the information on your DS-2019 including your SEVIS No., the 10-digit number preceded by an N on the top-right hand corner of the form. On-line payment of the fee will result in an immediate printed confirmation negating the need for expedited delivery of a receipt. Your visa application must include: 1. A current passport (valid for six months beyond your intended stay). 2. Nonimmigrant visa application Form DS-160 available via the U.S. Embassy/Consulate website or Please note that the DS-160 must be completed electronically. (over)

6 Digital 2 X 2 jpeg formatted passport-size photograph to be uploaded to Form DS-160. Guidelines: 3. Form DS-2019 After reading page 2, complete certification on bottom of page. 4. Evidence of financial support: your fellowship award agreement; and if you are receiving funding from other sources, submit letters from employers or granting agencies, bank statements, or affidavits of support. Originals (not copies) must be submitted. 5. Evidence of education and English proficiency: for example, degree certificates, TOEFL score report, etc. 6. Evidence of significant ties to your home country and that you are coming to the United States only for a temporary period: for example, registrations of residence, property, 7. Machine-Readable Visa Fee. The standard nonimmigrant visa application fee is US$140. The Center does not reimburse you for any visa fees. Special note: Canadians do not need visa stamps to enter the United States, but they must provide their Form DS-2019 at the port of entry to obtain status as a J-1 student. Admission to the United States: If your visa application is approved by the American Embassy or Consulate, the J-1 visa stamp will be placed in your passport and the processed DS-2019 form will be returned to you usually in a sealed envelope. You should present the DS-2019 envelope with your passport with the Form I-94-Arrival-Departure Record and CP-6059-Customs Declaration Form (the last two distributed in flight and to be completed before landing) to a Customs and Border Protection Officer at your port of entry to the United States. Both a valid J-1 visa stamp in your passport and the DS-2019 are required for entry to the U.S. Since you will go through inspection before you get your luggage in Honolulu, make sure that your passport, DS-2019 envelope, EWC participation agreement, and EWC Visa Officer s business card are in your possession (and not in your luggage) when you board the plane for the last part of your journey to the U.S. As of January 5, 2004, US-VISIT, a comprehensive entry-exit registration system, was implemented at all international airports in the United States. All non-immigrant visitors holding visas participate in the program which involves obtaining a scan of two index fingerprints and a digital photograph of an arriving visitor. The Custom and Border Protection Officer at the port of entry will return the DS-2019 to you, along with an I-94 Departure Record card. Keep Form DS-2019 and I-94 with your passport. They are your only proof of J-1 status, and you will need them for such purposes as extending your permission to stay in the United States, work permission, and reentry to this country after temporary trips abroad during the period of validity of Form DS Please note that you are required to report to the EWC Visa Office within 30 days of your program start date to validate your participation. If you have any questions or if you have difficulty in obtaining your visa, please contact the EWC Visa Officer: Valerie C.Wong, c/o Award Services, East-West Center, 1601 East-West Road, Honolulu, Hawaii 96848, USA. Telephone: (808) Fax: (808) wongv@eastwestcenter.org info/visa/j1stdapp.doc: updated

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