In this section, we will review matters associated with being an international student with a J-1 exchange visitor visa in the U.S. There are 5 topics discussed below:
(A) documents
(B) getting your visa
(C) arriving in the U.S.
(D) travel abroad and re-entry
(E) maintaining legal immigration status.
It is important to know that since September 11, 2001, many changes have occurred in U.S. immigration law and enforcement. The former "Immigration and Naturalization Service" (INS) moved into the Department of Homeland Security (DHS). Services and benefits are now housed in U.S. CIS (U.S. Citizen and Immigration Services), while the electronic tracking system "SEVIS" (Student and Exchange Visitor Information System) is housed in U.S. ICE (U.S. Immigration and Customs Enforcement).
SEVIS is a computerized U.S. federal government system that maintains and manages data about foreign students and exchange visitors during their stay in the United States. For more than 50 years, U.S. educational institutions have been required to maintain such information about foreign students studying at their facilities. In the past, this was a decentralized, inefficient, and paper-driven system. SEVIS, for the first time, automates and centralizes this data. SEVIS allows for real-time access to this information and helps students comply with the terms of their visas.
(A) DOCUMENTS
First, you will need to obtain (1) a passport from your country of citizenship. Next, you'll use (2) the SEVIS DS-2019 that has been mailed to you by Allegheny College to obtain (3) a J-1 visa at the appropriate U.S. Consulate in your home country. Please make sure you have the latest information on visa applications (see section B(4) below).
(1) Passport
Passports provide proof of citizenship and are issued by the appropriate government
ministry in a person's home country; passports enable people to travel internationally and to re-enter their home country. In place of passports, some people hold a certificate of identity. For students, it is best that passports have an expiration date at least six months after the amount of time required to complete the course of study in the United States (this time period is also known as the "duration of status" in the United States). However, students whose passports will expire before their course of study is complete in the U.S. will have to renew their passport either in their home country or at the embassy of their home country in Washington, D.C. This should be done several months before the passport expires.
(2) SEVIS Form DS-2019 (for J1 visas)
The DS-2019 is the form that certifies your eligibility to apply for a J-1 visa and to obtain exchange visitor status. You may be a J-1 exchange student, professor, specialist or researcher at Allegheny. Each of these categories of exchange visitors carries a J-1 visa designation, even though the categories describe different exchange program activities.
You will be issued a DS-2019 by Allegheny College's International Office. As soon as you receive your DS-2019, verify that the following information on the DS-2019 is valid and correct:
a. the spelling of your name: make sure that it is in the same form and spelling as on your passport;
b. the date and country of birth, exchange visitor category, reporting date, completion date,
financial information. Exchange visitors who do not have a specific starting time in the US e.g., first day of orientation, first day of classes, may arrive up to 30 after the start date of their program, ONLY if the program sponsor at Allegheny has worked this out with you!!;
c. the college "Responsible Officer" has signed the DS-2019 (at Allegheny, it is Danuta Majchrowicz, Director, International Office).
Please also make sure that you have FORM I-901 with the all the correct information attached to your DS-2019. More on the I-901 below in (b) GETTING YOUR VISA.
The DS-2019 is one of the documents necessary to obtain the J-1 visa stamp at the U.S. Consulate, and to enter the U.S. You will also need it to leave and re-enter the U.S., as well as to prove your legal status in the country. When your application to obtain a J-1 visa has been approved by the U.S. Consulate, the DS-2019 will be placed in a sealed envelope by the consular officials and returned to you. When you arrive at the U.S. port-of-entry, the envelope will be opened and the DS-2019 will be processed (see below). Item #3 of the DS-2019 indicates the date by which J-1 students are required to enter the U.S.; make sure you enter the U.S. by that date!
(3) U.S. Visa Stamp
In order to enter the United States, exchange visitors who have been nominated to participate in an exchange program are required to apply for and obtain a J-1 non-immigrant visa at a U.S. consulate/embassy in their home country. The J-1 visa is stamped or otherwise affixed in your passport (see more information on obtaining the visa below). The visa DOES NOT determine how long you are allowed to stay in the U.S.; the J-1 visa indicates only the time period during which you are allowed to enter the U.S. as a J-1 exchange visitor. It is the DS-2019 that provides the basis for your length of stay, and the I-94 that confirms your status once you enter the U.S. (for more information about the I-94, see section "C. Arriving in the U.S" below).
(B) GETTING YOUR VISA
(1) Contact the U.S. Consulate under whose jurisdiction you fall to make sure you have the appropriate documents for your visa application, and that you are clear on application procedures.
(2) Below is the URL for the general listing of U.S. embassies and consulates on-line: www.usembassy.state.gov/
(3) The U.S. Department of State is now charging $100 SEVIS fee for persons applying for F, J and M visas with I-20 or DS-2019 forms with an issue date of September 1, 2004 or later. Applicants whose I-20 or DS-2019 was issued before September 1, 2004 to begin a new program or issued for a continuation of an on-going program are not subject to the fee regardless of when they apply for their visa. Persons sponsored by the U.S. Federal Government are also exempt from payment of the fee.
Please note that this fee must be paid before you can apply for or obtain a J-I visa. For exchange visitors, Allegheny College will pay the fee online. The form I-901 is the official receipt of the $100 SEVIS fee. To learn more about this fee, visit the Department of Homeland Security (DHS) website: http://www.ice.gov/graphics/sevis/i901/index.htm
(4) This is a list of documents that you MAY need for your visa application (check the US Consulate website for current instructions relevant to your country):
· current, valid passport
· I-901 SEVIS fee payment receipt
· a completed and correct form DS-2019
· evidence of financial support for the amount indicated on the DS-2019
· proof that you have a permanent residence outside the U.S.
· one or more passport-type photographs
· nonimmigrant visa application forms DS-156, DS-157 and DS-158; these forms are available on-line (www.state.gov/m/a/dir/c4456.htm) and should also be available at the U.S. Consulate where you are applying for a visa; make sure you know which of these forms are required for your application.
· evidence of English proficiency, if appropriate
· school records to verify academic preparation, if appropriate
· additional evidence of strong ties to your home country
(5) In order to issue your visa, the Consular Officer must be satisfied on three counts (please note the section below is written for exchange STUDENTS; however, it might provide useful information to any exchange visitor):
First, are you a bona fide student? The Officer will ask about your educational background and plans in order to assess how likely it is that you go the particular college you have been accepted to, and how likely it is that you will remain in school until graduation. Be prepared to discuss your reasons for studying at Allegheny, your anticipated major, and your career plans. Bring school transcripts, national examination results, and SAT or TOEFL scores (if these tests were required by your college), and anything else that demonstrates your academic commitment.
Second, is your sponsor financially capable? The U.S. government needs assurances
that you won't drop out of school or take a job illegally.
Your chances are improved if your parents are sponsoring any finances that are not covered by the exchange program provisions (e.g., meals, room, travel). If anyone other than your parents is sponsoring you, you should explain your special relationship with this person, justifying a commitment of thousands of dollars to your education. Having family that lives in the U.S. sponsor you might be detrimental to obtaining a visa.
Provide solid evidence of your sponsor's finances, especially sources and amounts of income. This assures the Consular Officer that adequate funds will be available throughout your exchange program. If your sponsor's income is from several different sources (such as salary, contracts, consulting fees, a farm, rental property, and investments), have the sponsor write a letter that lists and documents each source of income.
Third, are your ties to home so strong that you will not want to remain permanently in the United States? Under U.S. law, all applicants for nonimmigrant visas are viewed as intending immigrants until they can convince the consular officer that they are not. You must be able to show that your reasons for returning home are stronger than those for remaining in the United States.
The law states that you must demonstrate sufficient economic, family, and social ties to your place of residence to ensure that your stay in the United States will be temporary.
Economic ties include your family's economic position, property you may own or stand to inherit and your own economic potential when you come home with a U.S. education. The Consular Officer will be impressed to see evidence of your career planning and your knowledge of the local employment scene.
For family and social ties, the Consular Officer may ask how many close family members live in your home country, compared to those living in the States? What community or school activities have you participated in that demonstrate a sincere connection to your town or country? What leadership, sports, and other roles have distinguished you as a person who wants to come home and contribute your part?
Other Points to Remember When Applying for a Nonimmigrant Visa
i. ENGLISH. Anticipate that the interview will be conducted in English and not in your native language. If you are coming to the United States solely to study intensive English, be prepared to explain how English will be useful for you in your home country.
ii. SPEAK FOR YOURSELF. Do not bring parents or family members with you to the
interview. A negative impression is created if you are not prepared to speak on your own behalf.
iii. KNOW THE EXCHANGE PROGRAM AND HOW IT SUITS YOUR CAREER PLANS when you return home.
iv. BE CONCISE. Because of the volume of applications received, all consular officers are under considerable time pressure to conduct a quick and efficient interview. They must make a decision, for the most part, on the impressions they form during the first minute or two of the interview. Consequently, what you say first and the initial impression you create are critical to your success. Keep your answers to the officer's questions short and to the point.
v. SUPPLEMENTAL DOCUMENTATION. It should be clear at a glance to the consular
officer what written documents you are presenting and what they signify. Lengthy written explanations cannot be quickly read or evaluated. Remember that you will have 2-3 minutes of interview time, if you are lucky.
vi. NOT ALL COUNTRIES ARE EQUAL. Applicants from countries suffering economic
problems or from countries where many students have remained in the United States
as immigrants will have more difficulty getting visas. Statistically, applicants from those countries are more likely to be intending immigrants. They are also more likely to be asked about job opportunities at home after their study in the United States.
vii. EMPLOYMENT. Your main purpose of coming to the United States should be to study, not for the chance to work before or after your exchange program. You must be able to clearly articulate your plan to return home at the end of your program.
viii. MAINTAIN A POSITIVE ATTITUDE. Do not engage the consular officer in an argument.
If you are denied a student visa, ask the officer for a list of documents he or she would suggest you bring in order to overcome the refusal. If your application is refused, the Consular Officer is required to give you an explanation in writing. You do have the right to apply a second time, but if you reapply, make sure to prepare much more carefully. The Consular Officer will want to see fresh evidence sufficient to overcome the reasons for the first denial.
If you have given careful thought to your educational goals and if you have reasonable career plans, you will find the visa interview an opportunity to prove you are ready to take the next big step in your education and your life: university in the United States.
(C) ARRIVING IN THE U.S.
(1) I-94. Form I-94 (arrival and departure record) is usually distributed on the airplane prior to landing at the airport; however, it may be issued electronically once you reach immigration inspection at the port-of-entry (POE). When you pass through the immigration check station, the agent will stamp the date of entry on your I-94, and make a notation of "J-1 D/S" (D/S = duration of status) on the card, indicating that you have been lawfully admitted as a J-1 exchange visitor and that you may stay in the U.S. until you have completed your program. Check to make sure that the immigration officer stamps/lists "J-1 D/S" on your I-94. If a specific date is noted on this form instead of D/S, please contact the Allegheny International Office as soon as you arrive to campus.
The I-94 number is also your "admission number".
(2) DS-2019. The Immigration inspector will also make the same notations (admission number, J-1 stamp, D/S) on your DS-2019 that are made on the I-94.
The DS-2019 should not be collected by the immigration inspector; you should retain the original. However, on occasion, the inspector will keep the original, give you a copy and then send the original to Allegheny International Office; we'll pass it on to you.
(3) Temporary Admission with Form I-515
Sometimes an exchange visitor arrives at the U.S. port-of-entry only to find that there is a signature missing on one of their immigration documents, or that something else might be incorrect. If the immigration inspector can see that this visitor arrived "in good faith," that is, the error is not intentional, the inspector might issue a form I-515 and admit the visitor to the U.S. for
30 days. The visitor must take the form I-515 to the International Student Advisor at Allegheny immediately so that the error can be corrected as soon as possible and the visitor's admission status is corrected. This is a different case than when exchange visitors who did not acquire the appropriate visa or do not have their DS-2019. Immigration officials will not consider these visitors as arriving in good faith.
(D) TRAVEL ABROAD AND RE-ENTRY
When you leave the U.S., you will surrender your I-94 to the immigration inspector. The next time you return, you'll be issued a new I-94, and you will use the same admission number as previously issued.
In order to re-enter the U.S., you must have a valid passport; a current, validated DS-2019; and a valid J-1 visa.
The validating signature at the bottom of the first page of your DS-2019 is officially valid for one year, but it is STRONGLY recommended that you have it validated each semester. J-1 visitors needing a new signature/form for travel should bring their DS-2019 to the International Office at least one week PRIOR to departure.
Exception: Students traveling to Canada, Mexico, or adjacent islands (excluding Cuba) are not expected to surrender their I-94 cards if they plan to re-enter the U.S. within the 30-day time frame. Students may re-enter the country after a trip of 30 days or fewer, provided they have the above- mentioned documents and their I-94.
Once within the borders of the U.S., if your J-1 visa has expired, and you plan to go to Canada, Mexico or one of the Caribbean islands (other than Cuba), it will not be necessary to apply for a new visa to re-enter the U.S. It is always advisable that exchange visitors talk to the International Student Advisor before traveling outside the U.S.
ADDITIONAL INFORMATION: terms to know and processes to remember
EMPLOYMENT: You are NOT allowed to work in the United States without authorization. J-1 students might be allowed to work on campus up to 20 hours per week when school is in session (check with the Financial Aid Office). Other exchange visitors have authorization through the exchange program to work on campus.
CHANGE OF ADDRESS: IMPORTANT!! You must report any change of address or residence and/or any change of name directly to the International Office on Form AR-11 within 10 days of the change. The IO will then electronically notify USICE of the change, via SEVIS, within 21 days, as required by the new regulations.
PASSPORT: You must maintain a valid passport at all times, unless exempt from passport requirements.
TRANSFER TO ANOTHER SCHOOL: You must notify the International Office of your intent to transfer, obtain a release from your Allegheny departmental sponsor, obtain a DS-2019 from the new institution, and report to the Responsible Officer at the new school within 15 days of the program start date listed on the DS-2019.
PROGRAM EXTENSION: You must apply for an extension of your exchange program prior to the expiration date on your DS-2019 if you cannot complete your program by that date, or want to extend your program. You must make an appointment with the Director of the IO to begin the extension process 30-60 days prior to the expiration date of the DS-2019, so the extension can be completed prior to the expiration date on the document.
TRAVEL: You must notify the IO prior to traveling outside the U.S. so that your DS-2019 can be endorsed for travel or a new form can be issued, if required. Students must allow at least 1 week PRIOR to the travel date in order for the form to be endorsed or a new one to be issued. Due to SEVIS operations, we cannot guarantee that forms that are submitted less than one week prior to travel can be endorsed or new ones issued.
DEPENDENTS: You must notify the IO of any accompanying dependents in J-2 status and provide biographical information (e.g., full name, address, country of birth) and immigration information (e.g., passport information, visa information) regarding those dependents using the IO "Dependent Information Form." The IO is required to report information to USICE regarding your dependents.
IMPORTANT NOTE: This information is not exhaustive and is subject to change without notice. International students and scholars should contact the International Office at 814/332.4891 to arrange an appointment to discuss any questions or concerns related to your legal status in the United States.
Legal immigration status can be jeopardized if proper procedures are not followed, so it is always best to consult with the International Student Advisor in matters of immigration before taking any action.
We would like to thank Mary Lee Carter, President, International Student/Scholar Resources, Phoenix, AZ, (mcarter01@cox.net) for advice and comments for this handout.
Portions of the section on visa application were produced by NAFSA: Association of International Educators. NAFSA would like to credit Gerald A. Wunsch , Esq., 1997, then a member of the Consular Issues Working Group, and a former U.S. Consular Officer in Mexico, Suriname, and the Netherlands and Martha Wailes of Indiana University for their contributions to this document. NAFSA also appreciates the input of the U.S. Department of State.
