J-1 Scholars
To maintain J-1 Exchange Visitor status, the following documents must be valid and reflected accurately in the SEVIS system:
Passport must be valid at least 6 months into the future for re-entry into the U.S. Exchange Visitors' governments issue passports, and specific information about passport renewal procedures are available from your country's embassy or consulate in the United States .
Form DS-2019 expires on the date noted in box 3 of that form. Exchange Visitors are then given a 30-day grace period to depart the U.S. All extension requests should be submitted to our office 10 weeks in advance of the expiration date. In the event the program ends prior to the date indicated on Form DS-2019, the Exchange Visitor must leave the U.S. or apply for a change of status. A 15-day grace period to depart the U.S. may be requested before ending the program. If no application for the grace period is made, the J-1 Scholar must leave the U.S. on the day s/he quits the program or the program ends.
Form I-94 (Arrival/Departure Record) must be valid for duration of status, “D/S”. An Immigration Inspector at a port-of-entry into the U.S. records your date of admission into the U.S., your admission number and the approved length of stay in the U.S. on this small, white card that gives you “J-1 status” in the U.S. This important document must be retained until it is collected upon your departure from the U.S. Duration of status is defined below.
Exchange Visitors are required to present these documents in the International Services office within 10 days of every entry or re-entry into the U.S., so that their program can be revalidated in SEVIS.
What is the visa? - A visa stamp is issued by a U.S. consular officer outside of the U.S., based on qualifications for entry into the U.S. in a particular category. A visa permits a citizen of another country to arrive at a port-of-entry into the U.S. to be inspected by an Immigration Inspector, who issues Form I-94 granting “non-immigrant status”. The duration of visa validity and the number of entries allowed is based on reciprocal agreements between the U.S. and other governments. A visa stamp need only be valid for entry into the U.S. However, the Form I-94 and DS-2019 must remain valid for the entire length of stay in the U.S. Once the visa has been issued, the visitor may be allowed to enter the U.S. as much as 30 days before the program start date.
What is “duration of status”? - Duration of status (D/S) is defined as the amount of time required to complete a specific program, plus 30 days to depart the U.S. The amount of time is initially defined on Form DS-2019 in box 3, plus any approved extension of stay. Exchange Visitors who end their participation in a program prior to expiration of Form DS-2019, must apply for a 15-day grace period to depart the country from the date of completion of the program, not from the end date on Form DS-2019.
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Program Activity – You must be engaged in the program noted in box 4 of Form DS-2019. An evaluation form should be completed by the Exchange Visitor and certified by the department sponsor every 6 months and submitted to the International Services office. The Responsible Officer (RO) or an Alternate Responsible Officer (ARO) must validate the program activity in the SEVIS system at least once every 6 months.
Any proposed change of activity must be approved in advance and in writing by the RO or ARO. A new SEVIS DS-2019 will be issued.
Employment – Exchange Visitors cannot work unless specifically authorized on the SEVIS Form DS-2019, without specific, written authorization from the RO or ARO in advance. To work, J-1 visitors need a letter of authorization from the RO or ARO and a Social Security card.
Professors/Researchers/Scholars are not allowed other employment with occasional exceptions for honoraria and expenses at conferences, which must be approved by the RO or ARO in advance. You must present an offer letter noting the location and nature of the engagement, the dates and the terms/amount of remuneration in advance, and be issued authorization before you begin. The supervisor of your program must also approve this, by indicating that this is part of the program and in the interest of educational/scientific exchange.
J-2 family dependents will need to apply for an EAD (Employment Authorization Document) and a Social Security card prior to beginning employment.
Maximum Length of Stay for J-1:
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Insurance Requirement – All J-1 Exchange Visitors and their J-2 dependents MUST be covered by health insurance that includes coverage for medical evacuation and repatriation of remains, and meets other minimum standards as set forth in 22CFR sect. 534.14. Participation in the SUNY International Student and Scholar insurance plan is mandatory, unless the International Services office or the Health Insurance office grants a waiver. Your program may be terminated for failure to maintain continuous coverage meeting these minimum standards for yourself and your J-2 dependent family members.
Addresses – Exchange Visitors and dependents are required to maintain a permanent address outside the U.S. AND must report changes to their local and mailing addresses to International Services within 10 days. Exchange Visitors subject to provisions for Special Registration must both report to International Services within 10 days and file Form AR-11SR to the U.S. Citizenship and Immigration Services (USCIS, formerly BCIS, formerly INS). Report changes of LOCAL and/or MAIL address to the university on the SOLAR system, and complete an address change in the International Services office within 10 days of the relocation. Your program may be terminated for failure to comply with this reporting requirement.
Finances – All changes in financial support for your program must be noted on Form DS-2019. On-campus employment must be noted on Form DS-2019 and/or approved in advance by the RO or ARO.
Travel – A signature from the RO or an ARO is required for re-entry into the U.S. following travel. Please request travel signatures at least 2 weeks before planned departure. To obtain a travel signature, you must bring a “letter of good standing” from your department and proof of insurance for yourself and your J-2 family members. Refer to separate instructions for more information on travel outside the U.S.
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Income Tax Obligation – All J-1 and J-2 Exchange Visitors are required to submit U.S. income tax returns for the prior calendar year, to the U.S. Internal Revenue Service (IRS) by April 15th. Income tax forms are available at http://www.irs.gov/ When you depart the U.S. after completing your J-1 program, you should complete your obligation by filing a tax return for that calendar year before April 15th of the next. You may also have an obligation to file a tax return with New York State.
Most nonimmigrants are required to obtain “Certificate of Compliance with Income Tax Laws by Departing Aliens” (IRS Form 1040C or 2063, also called “Sailing Permit”). It certifies that the taxpayer has filed all tax returns and paid all tax due to the U.S. government through the date that the certificate is issued. Many exchange visitors are not required to apply for the “Sailing Permit” if their only income is from employment authorized under J-1 regulations. The web site above includes more information about the “Sailing Permit”, as well as taxpayer assistance; be sure that you understand how the regulations apply to you and your dependent family members.
22 CFR 212(e) Two-year Home-country Physical Presence Requirement - Certain Exchange Visitor Program participants and their accompanying J-2 dependent family members are required to return to and reside in their home countries for at least two years after completing their U.S. stay before they can adjust status or return to the U.S. in other statuses that include certain work authorizations (L, H and permanent resident status). This requirement applies to those whose
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[Immigration and Nationality Act, section 212(e)]
Waiver of 212(e) – Those Exchange Visitors subject to 212(e) may be eligible to receive a waiver of the requirement. Please make an appointment to speak with the RO or an ARO before beginning a waiver application.
SEVIS - The Student and Exchange Visitor Information System is a web-based tracking system administered by the Immigration and Customs Enforcement to track ALL J-1, J-2, F-1 and F-2 non-immigrants. All forms issued after 1/30/03 must be created in SEVIS, and the Immigration and Customs Enforcement (ICE) receives the information and events reported instantaneously. Many “events” must be reported in SEVIS, and failure to do so in a timely manner can result in termination of a visitors program – instantaneously. This database is shared with consulates, ports of entry, FBI, CIA, and other agencies.
Special Registration – Non-immigrant citizens and “nationals” from a growing list of countries are required to special register with USCIS. The program specifically targets males over 14 years of age from countries including Iran, Iraq, Libya, Sudan, Syria, Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates, Yemen, Pakistan, Saudi Arabia – this list can and has changed periodically. USCIS may subject other non-immigrant nationals if they made unexplained trips to any of the aforementioned countries, or for a variety of reasons at the discretion of the inspecting officer. In addition to an initial “interview”, those subject to this provision may enter and depart the U.S. only through designated port of entry, must report annually for re-inspection, and must report any changes of local or mailing address to USCIS within 10 days, using Form AR-11SR.
Dependents - Dependents must be issued separate Forms DS-2019 for entry into the U.S., and are subject to all provisions of law governing the J-1 Exchange Visitor program, including the insurance requirements, 212(e), and the need to report changes of address, etc. They may be subject to provisions for Special Registration independently of the J-1 principal. Dependents can be authorized for employment by applying for the EAD from USCIS, and will need to also apply for a Social Security card once they have the EAD in-hand.
Extension of Stay - J-1 Professors and Research Scholars requiring additional time to complete their original program objective should apply for an extension of stay approximately 10 weeks before the end date on their DS-2019. An extension of stay is affected when new Forms DS-2019 with an extended end date is created in SEVIS and issued to the Exchange Visitor and his/her J-2 dependent family members. To prepare From DS-2019 for extension of stay, evidence of satisfactory participation in the original program objective, proof of financial support, a completed request form and verification of insurance must be submitted to International Services
Transfer - J-1 Exchange Visitors may transfer to another sponsor's program, if the new program is in keeping with his/her original program objective. Please see separate instructions for transfer.
Change of Status - J-1 Exchange Visitors may be ineligible for a change of status within the U.S. if they are subject to provisions of 212(e). However, if 212(e) does not apply, they may apply for a change of immigration status that will allow them to remain in the U.S. and participate in another immigration status, under regulations devised for that category. To discuss whether a change of status is appropriate for you, or to receive further instructions, please contact the International Services office to arrange a meeting with an International Student and Scholar Adviser.
Departure - All Exchange Visitors should report their imminent departure to the RO or ARO by completing a “Departure Record” available in the International Services office. This departure date must be recorded in SEVIS by the RO or ARO.
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CHANGE OF ADDRESS:
USCIS regulations require that all J-1 exchange visitors and scholars report a change of address within 10 days of moving.
Click to submit a change to International Services. Our Office will update your new address in SEVIS.
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If you have further questions regarding Stony Brook's Exchange Visitor Program, you may visit our website for regularly updated information. You may also call (631) 632-INTL or contact:
Elizabeth A. Barnum, Responsible Officer
ebarnum@notes.cc.sunysb.edu
Elsy Arieta-Padro, Alternate Responsible Officer
epadro@notes.cc.sunysb.edu
Nancy A. Lannak, Alternate Responsible Officer
nlannak@notes.cc.sunysb.edu