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Last Updated: April 18, 2008->
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Immigration Regulations for J-1 Status

 

 

Academic Training

Academic Training is paid or unpaid work training or experience related to J-1 students' major field of study. Academic Training is permitted while students are pursuing a program of study or after completion of that program. The total training period may not exceed the amount of time spent in the full course of study (maximum of 18 months). For computation of Academic Training, part-time is counted as full-time.

Bachelor's and Master's students are permitted an overall limit of 18 months of Academic Training related to their field of study.

After completion of a Doctoral degree, J-1 students may pursue Academic Training for an initial period of 18 months. Prior to the end of the first 18-month period, J-1's can extend their employment authorization for an additional 18 months. Another DS-2019 must be issued to reflect the extension of employment along with a new authorization letter.

Employment is employer specific, so any change in employment requires a new recommendation from the Adviser/DGS and a new authorization from the Responsible Officer.

Please note: Students who are subject to the 2-year home-country residency requirement (212(e)) and have received a waiver recommendation from the Department of State (DOS) are no longer eligible for an extended DS-2019. However, their current DS-2019 is valid for the period of time indicated in "Box 3."

To obtain authorization for Academic Training, students must submit to the Responsible Officer (RO) or Alternate (ARO), 211 Bradley Hall, the following:

  1. "Academic Adviser's Recommendation for Academic Training"
  2. "Academic Training Information" (completed by student)
  3. Unofficial transcript from myUK
  4. Copy of the prospective employer's job offer letter.

Upon receipt of all documents, the ARO in 211 Bradley Hall will review documentation listed above. If the student is eligible, a letter of employment authorization with the specific employer and a DS-2019 will be issued to the student. Employment may not begin prior to this authorization.

While on academic training a change of status, new address, or departure from the United States must be reported to OIA Data Manager

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Address Reporting

Students must update their address within 10 days of their move in order to comply with immigration regulations. For UK students, this is done via myUK

Reporting to the Post Office: Although this is not required by law, it is advisable so first class mail can be forward to the new address.

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Authorization to Work

Social Security Number:
To put you on the payroll, your employer will need your Social Security number, which you can obtain by applying for a Social Security card. (UK employment will allow you to begin work using your Student I. D. number.)

Documents to present to Social Security Officer:

Form I-9, "Employment Eligibility Verification." When you begin work, you and your employer must complete Form I-9, which requires you to document your identity and work authorization according to directions on the back of the Form. Of the various items acceptable as documentation, you may find that the most convenient combination is your passport (or other photo-bearing identification if you are Canadian), I-94 Departure Record card, your DS-2019, and your J-1 Responsible Officer's written work authorization. Your employer, who keeps Form I-9, will make copies of the documents you submit, and return the originals to you. Since your Alternate Responsible Officer's authorization is valid for no more than a year, you will have to obtain a new one annually, and update your Form I-9.

Note of caution:
As a J-1 student you are eligible for a variety of work opportunities in the United States, but employment without proper authorization is a serious violation of your status. Remember that before you start any kind of employment, you must first consult your J-1 Alternate Responsible Officer (ARO), whose written approval is necessary in advance.

If you do not intend to continue further study in the U.S., you may not be employed on campus after you have completed a program of study unless you have been granted employment authorization for Academic Training by the Alternate Responsible Officer (ARO) who issued your DS-2019. This is limited only to employment related to your field of study.

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Change of Category

While in the U.S., all J-1 students are prohibited from changing categories within the J-1 status. For example, a J-1 student may not change to J-1 research scholar or vice versa.

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Change of Academic Program

Students in J-1status are only allowed to change their academic program to higher degree. Master students, for example, may only change to a Doctoral degree, they cannot change to a Bachelor's. J-1 students cannot change their major field of study. For example, a student pursuing a chemistry degree cannot switch to a physics degree.

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Change of Status to J-2

Submit Application for Dependent(s) I-20 to 211 Bradley Hall

Required documentation to be sent to USCIS:

Mail all documents listed above to the address noted on the I-539 instructions:

Upon notification from USCIS, bring approval or denial to 211 Bradley Hall

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Credit Hours

Individuals in the United States on student visas are required to be enrolled in a full program of study each semester: A minimum of 12 hours for undergraduates and a minimum of 9 hours for graduate students.

Reduced Course Load: If it is necessary for students to drop below full time for the very limited and specific reasons allowed by immigration regulations, students MUST receive PRIOR APPROVAL from the Alternate Responsible School Official (ARO) in 211 Bradley Hall.

Students who drop below a full course of study without the prior approval of the ARO will be considered out of status.

For undergraduate students enrolled for less than 12 hours, a Reduced Course Load must be completed by the academic adviser and submitted to 211 Bradley Hall with an unofficial transcript from myUK.

For graduate students enrolled for less than 9 hours, a Reduced Course Load must be completed by their DGS and submitted to 211 Bradley Hall with an unofficial transcript from myUK.

Acceptable reasons for reduced credit load include:

  • Initial academic difficulties due to unfamiliarity with American teaching methods, English difficulties, or improper course level placement (one semester only).
  • Undergraduate students in their final semester of study before graduation.
  • Graduate students in their final semester of course work.
  • Students who have a medical problem certified by a physician or clinical psychologist (maximum of two semesters; number of course hours determined by physician).

**Remember, ONLY the RO or ARO has the authority to authorize a reduced credit load.

Suspension from School:
Students who are suspended from the University for any reason may not stay legally in the U.S. during the duration of suspension. Students who suspect that they might be suspended at the end of the academic term should check their academic status with their respective colleges before leaving the country on vacation, as they may not be permitted to re-enter the U.S.

In addition, if they do re-enter the U.S. and discover that they have been suspended, they will lose their student status, and their stay in the U.S. will be considered illegal. A student on suspension can regain their student status by being issued a new DS-2019 and re-entering the country after the suspension was lifted.

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Departure Notification

Prior to leaving the University of Kentucky, please complete the Departure Notification Form and submit it to 211 Bradley Hall. It is required by Immigration Law that you notify our office prior to departing permanently from the University of Kentucky.

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Duration of Status

This is a notation made at the port of entry on your DS-2019 and form I-94 Departure Record. You are admitted to the U.S. for "duration of status", which is defined as the time during which you are pursuing a full course of study and making normal progress, plus the time you may be working in authorized Academic Training after you complete studies (if you qualify and are so authorized), plus 30 days grace to depart the country.

The "ending" date in Item #3 on your most recent Form DS-2019 is the date by which the Department of State expects you to complete requirements for your current program. If you are unable to complete your program of study by that date, come to 211 Bradley Hall at least 30 days before reaching the Ds-2019 completion date. If you are eligible for an extension of your time limit, the Alternate Responsible Officer will assist you in complying with extension requirements.

Immigration regulations refer to the date you complete all requirements for a program of study, not to the date you participate in graduation ceremonies and receive a certificate or diploma. The Service ignores your graduation ceremony because it realizes that many students, especially graduate students in thesis or dissertation programs, may complete requirements for a degree any time during the year. This means that the last day of an academic term may not be the date you complete program requirements.

Your lawful J-1 status expires 30 days after the date you complete degree requirements and you are expected to leave the country by that date unless you have filed a timely application for Academic Training or made other arrangements to remain lawfully in the US.

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Extension of Stay

If you are unable to complete your program within the period specified on your DS-2019, you must apply for an extension prior to the expiration date. Failure to do this will be a violation of your status.

Application Deadline for Program Extension:

You should come to 211 Bradley Hall at least 30 days before your DS-2019 completion date so there will be sufficient time to process the application and issue a DS-2019. Please note that there is no filing fee. If you do not extend in a timely manner, you will be "out of status" (illegal).

Some acceptable reasons for an extension:

Bring the following documents to 211 Bradley prior to the expiration of your stay:

Failure to Comply with Extension Regulations
It is your responsibility to comply with all immigration regulations that apply to J-1 students, including the extension of study program regulations. If you fail to comply with program extension regulations, you will be out of status and not eligible to continue (or to apply for) benefits provided to J-1 students, such as employment (even on-campus employment through a scholarship, fellowship or assistantship), school transfer, practical training or other J-1 benefits.

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Insurance Requirement

The Reason for the Requirement:
All J-1 students and their dependents are required to have health insurance for the full duration of their program. Government regulations stipulate that if students willfully fail to carry health insurance for themselves and their dependents, the University must terminate their program and report the termination to the Department of State in Washington DC.

Where to Purchase Insurance:
If you are on a J-1 student visa, you are automatically enrolled in the student insurance plan when you register for classes. The charge for this insurance is applied directly to your student bill. To add your dependents (spouse and children) to this policy, you will need to visit the Health Insurance Coordinator in room 203 Bradley Hall Ph: 859-257-4067 ext. 238. Payment for dependents is due at the time of enrollment.

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Employment (On-campus)

Whatever type of employment you are considering, you must first obtain approval in writing from your J-1 Alternate Responsible Officer (ARO), the one who issued your DS-2019. Before approval, your ARO is required by regulation to evaluate the proposed employment in the context of your program and your personal circumstances, and then decide whether it would be appropriate or not.

If the University of Kentucky has issued your DS-2019, your J-1 ARO is in 211 Bradley Hall. If your J-1 sponsor is an agency , and if you are uncertain how to reach your J-1 ARO, call 257.4067 ext. 240 or come to 211 Bradley Hall.

Eligibility
You are eligible for student employment, provided you (1) are registered and studying full-time, (2) are in good academic standing at the school that your J-1 sponsor has authorized you to attend, and (3) your J-1 Responsible Officer has approved the specific employment in advance, in writing.

Limitations
If authorized, you may work a total of 20 hours per week while school is in session. You may work full-time during official school breaks and vacation periods, including summer vacations, provided you are eligible and intend to register for the next school term. The 20-hour-per-week work limit while school is in session applies to and includes all types of student employment. A 20-hour-per-week graduate assistantship, for example, would exhaust your academic-year on-campus and off-campus work eligibility.

How to apply for work permission
First you should talk to your J-1 ARO about why you want or need to work, whether it is advisable, and what type of job would suit you best. If your J-1 ARO agrees that it would be appropriate for you to work, obtain a job offer letter and an unofficial transcript . Your ARO will approve your job in writing, and you will be eligible to start.

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Employment (Off-campus)

Off-campus employment, not to exceed 20 hours per week while school is in session and full time during school recesses, may be authorized by the Alternate Responsible Officer who issued the DS-2019 only when it is deemed necessary because of serious, urgent, and unforeseen economic circumstances which have arisen after acquiring J-1 status. The following must be submitted to the Alternate Responsible Officer:

  1. J-1 Student Request for Work Authorization Due to "Economic Necessity"
  2. Letter explaining the unforeseen circumstances causing the financial need
  3. Unofficial transcript from myUK
  4. Job offer letter

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I-94 Departure Record

This form is used by the Immigration Service to record your entry into and departure from the U.S. Your J-1 status is noted on this document, along with port of entry, date of entry, bio sketch, and notation D/S (Duration of Status).

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Letter Request

A Letter Request is used to request a letter for relatives seeking visitor's visa or a letter verifying your enrollment at the University of Kentucky. Complete this form and submit it to 211 Bradley Hall with an unofficial transcript.

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Maintaining Legal Status

  1. Keep your passport valid at all times.
  2. Attend the school you are authorized to attend.
  3. Continue to pursue a full course of study.
  4. Follow Department of State procedures for moving from one educational level to another (e.g., from Master's to Ph.D.), and for transferring from one school to another.
  5. Limit on-campus employment to 20 hours per week while school is in session.
  6. Refrain from off-campus employment without authorization.
  7. Submit application for extension of DS-2019 at least 30 days prior to expiration date, when necessary.

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Passport Validity

Students must insure that their passport is always valid. It should be sent to the Consulate of their home country for validation three to six months before the expiration date. Addresses and telephone numbers for foreign consulates can be found on the Internet.

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Reinstatement of Status

An application can be made to the State Department for reinstatement only if the violation resulted from circumstances beyond a student's control, BUT reinstatement is intended to be a rare benefit for exceptional cases. If the State Department does not approve the reinstatement, the decision may not be appealed. There is a fee of $300 for the service.

To be eligible for reinstatement, students must provide a detailed explanation of the circumstances that led to their violation of status, and indicate the following:

  1. They are currently pursuing, or intend to pursue, a full course of study at the school that issued their DS-2019.
  2. They have not been employed without authorization.
  3. Their failure to maintain student status was due to circumstances beyond their control or that failure to receive reinstatement would result in "extreme hardship.
  4. They are not deportable on any ground other than overstaying or failing to maintain status.

Students should make an appointment to discuss the reinstatement procedure with the Alternate Responsible Officer (RO) in Room 211 Bradley Hall. Please call 257-4067 x 240

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Social Security Number

Social Security Office hours:
Monday- Friday - 9:00 am to 4:00 pm
Phone: 294-5633

To obtain A Social Security Number you MUST apply in person to the Social Security Office located at 2260 Executive Drive (near the intersection of I-75 and I-64 on Winchester Road).

Documents to present to Social Security officer:

After application, allow 2 weeks before receiving the card in the mail.

Students must not confuse a true Social Security number with the student identity number given in their admission letter. Once students receive their Social Security number, they should have all their university records listed under this new number. This is done by taking their Social Security card to the Registrar's office in the Funkhouser Building to request the change.

Dependents in J-2 status are eligible for a Social Security number only after they have received an Employment Authorization Document (EAD). They may apply to the Internal Revenue Service (IRS) for an Individual Taxpayer Identification Number (ITIN) by completing form W-7 if they have no plans to apply for an EAD.

International students are not eligible for federal student loans, food stamps, Aid for Dependent Children, Medicaid and commercial driver's licenses.

For more information 24 hours a day, you may call 1.800.772.1213. You can call for an appointment or to speak to a service representative between the hours of 7 a.m. and 7 p.m. on business days. The lines are busiest early in the week and early in the month, so if your business can wait, it is best to call at other times.

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Skill List

Some J-1 students are subject to the two-year home residence requirement if they are pursuing a skill that appears on their home government's Skills List. This list contains the fields of specialized knowledge and skills needed in each foreign country, as determined by the governments of those countries.

The first portion of the skills list states the designated fields of specialized knowledge or skill. The second part lists each country and the fields it has specified as required. If an exchange visitor's country is not listed, or if the country is listed but the exchange visitor's particular skill is not listed, he or she is not subject to the home residence requirement based on the skills list.

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Transfer to UK from Other Schools

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Transfer from UK to Other Schools

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Two-Year Home Country Physical Presence Requirement

Specifications:
Certain Exchange Visitors are not eligible to change status in the U.S. until they have resided and been physically present in their country of nationality or last permanent residence for at least two years following departure from the U.S. This restriction applies to:

  1. Those Exchange Visitors whose programs were financed in whole or part, directly or indirectly, by the U.S. government or the government of their home country; or
  2. Those Exchange Visitors who, at the time of the acquisition of Exchange Visitor status, were nationals or residents of countries designated by Department of State in which their particular specialized knowledge or skills are needed (see Skills List); or
  3. Those Exchange Visitors who came to the U.S. or acquired Exchange Visitor status in order to receive graduate medical education or training.

The Consular office will indicate on the visa and the bottom left-hand corner of the Form DS2019 whether the Exchange Visitor is subject to the two-year home country physical presence requirement or not.

Waiver:

The two-year home-country physical presence requirement may be waived for any of the following four reasons:

  1. Exceptional hardship to a U.S. citizen or permanent resident spouse or child of the Exchange Visitor which would be caused by the Exchange Visitor's departure from the U.S. and residence abroad.
  2. Persecution because of race, religion or political opinion if Exchange Visitors were forced to return to their country of last residence or nationality.
  3. Interest of a U.S. Government Agency. If Exchange Visitors are engaged in a program of interest to a U.S. Government Agency.
  4. Statement of no objection by the home government. A waiver may be granted if the home government provides a statement of no objection to the Exchange Visitor's remaining in the U.S., and if the Department of State agrees that a waiver is justified.

Important: Before seeking to apply for a waiver, it is advisable for the Exchange Visitor to discuss the matter with Alternate Responsible Officer in 211 Bradley Hall. Once granted a waiver, those in J-1 status cannot have their stay as a J-1 extended.

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Visa Validity

The J-1 visa is issued by a U.S. consulate or embassy. Since the visa is for entry purposes only, it does not need to be renewed while in the U.S. However, if you leave the U.S. temporarily (with the intention of returning to school), you must be sure you possess a valid visa. If you do not have one, you must obtain a new one at the U.S. consulate or embassy in the foreign country you are visiting.

There is a difference between having a J-1 visa and being in J-1 visa status . A student is given J-1 status upon entry to the U.S. with a J-1 visa . The visa allows one to enter; status is maintained by compliance with Department of State regulations (i.e. full-time enrollment, un expired DS-2019, etc).

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