International Student and Scholar Services

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Current International Scholars

Immigration Information

 



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Document Processing Times



By Appointment with your ISSS Advisor:

  • DS-2019 travel validation for J-1 scholar and/or J-2 dependent

3 Business Days:

  • DS-2019, new document (applications for DS-2019 to begin a new program, to extend a current program, or to amend a current program must be submitted to ISSS by the scholar's academic department)
  • DS-2019, new document for J-2 dependent
  • Letter of certification to
    • apply for new visa
    • invite family members to US
  • Authorization for occasional lectures or consultations
  • J-2 employment authorization
  • Transfer to another J-1 program
  • Home government or other organizations forms

5 Business Days:

  • Change to J-1 status

 

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Documents Needed for Your ISSS File



You are required by law to provide International Student and Scholar Services (ISSS) with copies of the following documents (yours as well as documents of any dependents in J-2 status, if applicable) for your file:

  • Passport
  • Form I-94
  • Form DS-2019
  • J-1 visa

You must bring these documents to ISSS when you come to ISSS to attend your scholar orientation.

You must provide ISSS with any updates to the information contained in the documents listed above throughout your J-1 program at the University of Miami. You are also required to update ISSS with information pertaining to your program termination date and reason (transfer, dismissal, withdrawal), and other information such as financial status necessary for document issuance. Also, be certain to inform ISSS via e-mail within 10 days of moving if you change your local address during the course of your J-1 program at the University of Miami and to update your local address in the University Records or you will fail to receive important information from the University of Miami. You can update your address information in the University's Records through the myUM system.

ISSS is located at 5600 Merrick Drive, Building 21-F, and is open Monday through Friday from 8:30 a.m. to 5:00 p.m.

 

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Letter of Certification Application



You may need a letter of certification for certain purposes, for example, in order to invite a relative to visit you in the U.S.  International Student and Scholar Services (ISSS) can provide you with a letter certifying your current status as a J-1 scholar at the University of Miami and your anticipated program end date.  To request a letter of certification, e-mail your ISSS advisor with the information you wish to have included in the letter.  Your letter will be ready for pick-up at the ISSS reception in three business days.

 

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Adding a J-2 Dependent to Your SEVIS Record



The following information will guide you on how to add a dependent spouse or minor child to your SEVIS record and Form DS-2019. 
Required Documents:

  • Proof of relationship: If you wish to add your spouse or minor child to your SEVIS record, you will have to provide proof of this relationship to International Student and Scholar Services (ISSS) either in the form of a copy of your marriage certificate translated into English, or in the form of your child's birth certificate, also translated into English.
  • Proof of Funding: If your current Form DS-2019 does not include sufficient funding for you to support your dependent, you will also have to provide ISSS with proof of funding to cover not only you, but also your dependent until the expiration date on your Form DS-2019. The proof of funding must be submitted in the form of a bank letter that is less than six months old, or a letter from your sponsoring department that is less than six months old. If a third party is sponsoring you, such as a family member, they will have to provide a letter from their bank that is less than six months old.
  • Biographical Information: You also need to provide ISSS with the following information for your new dependent: Last name, first name, middle name, gender, relationship to you, date of birth, city of birth, country of birth, country of citizenship, and country of permanent residence.

Issuance of Form I-20 or Form DS-2019:  Once you have provided the required documents to add a new dependent to your SEVIS record via e-mail, and the documents have been reviewed and approved, new Forms DS-2019 will be issued for you and your dependent.  Your Forms DS-2019 will be ready for pick-up at the ISSS reception in three business days.

Applying for a J-2 Visa:  With the Form DS-2019, the original proof of relationship, original proof of funding documents, valid passport, and current photograph, your dependent will be able to apply for his/her J-2 visa from the U.S. Embassy in your home country. Please check the Department of State website to inquire what other documents your dependent may need to submit. 

After entering the U.S.:  Once your dependent has entered the U.S., you must immediately provide ISSS with copies of the newly stamped immigration documents: Passport biographic and expiration date pages, passport page bearing stamp from the last entry to the U.S., J-2 visa page, Form I-94, and Form DS-2019.  If your J-2 dependent needs a DS-2019 travel validation for future reentries to the U.S., please contact your ISSS advisor for an appointment so that she can validate the J-2 DS-2019 for travel.

It is important to note that J-2 dependents are allowed to apply for employment authorization for a period of up to one year at a time.

 

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Maintaining J-1 Status



You are admitted to the United States for "duration of status (D/S)," defined as the period during which you are engaged in full-time, nonclinical research, teaching, consultation or long-term observation at the University of Miami, plus 30 days within which to depart from the U.S.  If you fail to comply with the immigration regulations that apply to J-1 status, you may be liable to expedited removal from the U.S., and your eligibility to engage in your J-1 activity will be seriously affected.

Definition of J-1 Status

A J-1 visa and J-1 status may be granted to an alien who is a bona fide scholar qualified to pursue full-time, nonclinical research, teaching, consultation or long-term observation at an academic institution authorized to host international scholars.  When applying for a J-1 visa, the individual must prove to a U.S. consular official that he or she wishes to enter the United States temporarily and solely for the purpose of the approved J-1 activity, and that the applicant has a permanent residence in a foreign country which he or she does not intend to abandon.


J-1 Regulations

Once you are admitted to the U.S. in J-1 status, you must meet certain obligations in order to maintain your status:

  1. Report to International Student and Scholar Services (ISSS) for scholar orientation and validation of program participation in Student and Exchange Visitor Information System (SEVIS) upon arriving at the University of Miami.
  2. If you have been accepted to engage in a J-1 program at the University of Miami, and the University of Miami is your J-1 program sponsor, you must report to ISSS for validation of program participation in SEVIS.  This process will change your SEVIS status from "initial" to "active."

    If you have been accepted to engage in a J-1 program at the University of Miami, and an organization other than the University of Miami is your J-1 program sponsor, i.e., AMIDEAST, Fulbright, LASPAU, OAS, etc., you must still report to ISSS.  However, you must also report to your J-1 program sponsor for validation of program participation in SEVIS to change your SEVIS status from "initial" to "active."

  3. Have a passport that is kept valid at all times.


  4. Engage in your approved J-1 activity on a full-time basis.
  5. The U.S. Department of State (DoS) requires that you engage in your approved J-1 activity on a full-time at the location listed on your Form DS-2019.

  6. Obtain an extension of stay if you need to remain in the U.S. longer than the period of time specified on your Form DS-2019.
  7. If the University of Miami is your J-1 program sponsor and you wish to have your J-1 program extended, you need to discuss this matter with your supervisor in your academic department.  If you still have time left in your J-1 program category and can provide sufficient proof of funding for the extension, then your academic department needs to initiate the paperwork to request an extension Form DS-2019 for you from ISSS.  If ISSS approves the extension of your program, ISSS will issue extension Forms DS-2019 for you and your J-2 dependents (if applicable).

    If an organization other than the University of Miami is your J-1 program sponsor, then you need to contact your J-1 program to inquire about the possibility of and procedure for a program extension.

  8. Follow certain procedures to transfer to another exchange visitor program.
  9. If you are transferring from one J-1 program sponsor to another, certain transfer procedures must be followed.  Check with your ISSS Advisor if you are planning to transfer between program sponsors.

  10. Follow certain procedures to seek reentry to the U.S. after travel abroad.
  11. If you travel abroad and seek to reenter the U.S. during the course of your J-1 program, you must have a valid passport, an unexpired J-1 visa, and a valid Form DS-2019.  Once you have used your Form DS-2019 for initial entry to the U.S., the document must be endorsed for travel validation by your J-1 program's Responsible or Alternate Responsible Officer if you wish to travel abroad and reenter the U.S. again.

    For scholars in the University of Miami's J-1 program, your Form DS-2019 will be automatically validated for travel during scholar orientation.

    For scholars in J-1 programs other than the University of Miami's J-1 Program, i.e., AMIDEAST, Fulbright, LASPAU, OAS, etc., please be sure to allow time to mail your Form DS-2019 to your sponsor for signature.  Before making travel plans, be sure to check with your ISSS Advisor that your passport, Forms I-94, and current Form DS-2019 are in proper order.

  12. Follow certain procedures to apply for Authorization for Occasional Lectures or Consultations.
  13. Under specific circumstances, J-1 scholars may be eligible to receive authorization for occasional lectures or consultations with a U.S. employer besides their University of Miami department.  This authorization can only be provided by your J-1 program sponsor and requires written approval before you engage in the occasional lecture or consultation.  This is a very general description and does not include all criteria involved.  Be sure to check with your ISSS Advisor before accepting any offer to engage in an occasional lecture or consultation.

  14. Maintain adequate medical insurance coverage for full duration of J-1 program.
  15. The J-1 regulations require adequate medical insurance with specific items of coverage, not only for the J-1 scholar, but also for any J-2 dependents, for the full duration of the J-1 program.  The University of Miami Health Service provides access to an acceptable policy for purchase.  Failure to maintain proper medical insurance coverage may result in termination of the scholar's J-1 status.

  16. Provide updated local address to your J-1 program sponsor and the University of Miami.
  17. All international scholars in J-1 status are required to keep U.S. Citizenship and Immigration Services (CIS) informed of their local and foreign addresses.  You must provide your ISSS advisor with updated local address information (must be a street address; P.O. Box not allowed) via e-mail within 10 days of moving.  You must also update your local address in the University's Records.  The latter can be easily accomplished through the University of Miami's myUM system.  This requirement applies for the duration of your J-1 program.

    If your J-1 program sponsor is an organization other than the University of Miami, i.e., AMIDEAST, Fulbright, LASPAU, OAS, etc., you must also inform your J-1 program sponsor's Responsible or Alternate Responsible Officer of any change in your local address within 10 days of moving.

 

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Local Address Update



J-1 immigration regulations require that you inform your J-1 program sponsor when you change your local address in the U.S. while you participate in the J-1 program. You must provide your J-1 program sponsor with your updated local address within 10 days of changing local addresses. Your J-1 program sponsor then automatically updates your local address information with U.S. Citizenship and Immigration Services (CIS) and the U.S. Department of State (DoS) through the Student and Exchange Visitor Information System (SEVIS). You are not required to file any additional paperwork with CIS or DoS.

If your Form DS-2019 was issued by International Student and Scholar Services (ISSS) at the University of Miami, please make sure to notify ISSS of your updated local address by sending an e-mail to Claudia Zitzmann, Associate Director, ISSS, at czitzmann@miami.edu. Please include your complete local address, including house number, street, city, state and zip code. Also, please make sure to update your local address information in the University's records through www.miami.edu/myum or through your department.

If your Form DS-2019 was issued by a J-1 program sponsor other ISSS, please make sure to notify your J-1 program sponsor and ISSS of your updated local address. You notify ISSS by sending an e-mail to Claudia Zitzmann at czitzmann@miami.edu. Please include you complete local address, including house number, street, city, state and zip code. Also, please make sure to update your local address information in the University's records through www.miami.edu/myum or through your department.

 

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Extension of Stay



When to extend

Your permission to stay in the United States ends on the expiration date of your Form I-94 Departure Record card, unless the card is marked "Duration of Status" or "D/S." In that case, your permission to stay will expire 30 days after the date shown in item #3 of your Form DS-2019, "Certificate of Eligibility for Exchange Visitor (J-1) Status."


Your J-1 Responsible Officer (RO) or Alternate Responsible Officer (ARO)

To extend your permission to stay in the United States, you must first obtain a new Form DS-2019 from your J-1 Responsible Officer (RO) or Alternate Responsible Officer (ARO).  If your J-1 sponsor is the University of Miami (UM), and your UM academic department wants you to continue your current J-1 program beyond the expiration date on your current Form DS-2019, then your UM academic department needs to request an extension of your J-1 program by filing certain paperwork and submitting it to International Student and Scholar Services (ISSS) prior to the DS-2019 expiration date. 

If your J-1 program sponsor is an agency, please contact your UM academic department and your J-1 RO/ARO to inquire if and how your J-1 program can be extended


Eligibility

You are eligible for an extension of stay if you continue to maintain your J-1 status, have adequate funding, have not obtained a recommendation for waiver of the two-year home country physical presence requirement from the U.S. Department of State, and have not yet reached the limit for maximum program duration in your J-1 program category:

  • Short-term scholar: 6 months

  • Research scholar: 5 years

  • Professor: 5 years

  • Specialist: 12 months


Procedures to apply for Extension of Stay

  1. At least two months before your permission to stay expires, contact your UM academic department and J-1 RO/ARO about an extension.  If your J-1 program sponsor is the University of Miami and your UM academic department wants you to continue your current J-1 program beyond the expiration date on your current Form DS-2019, then your academic department needs to request an extension of your J-1 program by filing certain paperwork with ISSS.

  2. Your J-1 RO/ARO will determine if have you maintained J-1 program status and are eligible for an extension of stay. If so, your RO/ARO will update your J-1 Student and Exchange Visitor Information System (SEVIS) record with the extended program information, including new program end date and financial information. This must be done before the expiration of your current Form DS-2019. Your RO/ARO will print and sign the updated Form DS-2019. If you have J-2 dependents in the U.S., your RO/ARO will also print and sign updated Forms DS-2019 for your J-2 dependents.

  3. Your J-1 RO/ARO will give you the updated Form(s) DS-2019 for you to sign and retain. Once you have received your new Form DS-2019 from your J-1 RO/ARO, your extension of stay is completed.


Travel and Reentry to U.S. after Extension of Stay

After you have extended your stay inside the country, avoid a common mistake if you travel abroad. Do not assume that with an approved extension of stay you can reenter this country without an unexpired J 1 visa stamp in your passport (unless you are Canadian). If your J-1 visa stamp has expired, you have to apply at a U.S. consulate for a new one in order to reenter the United States as a J-1 scholar except if you seek to reenter through a procedure referred to as "automatic revalidation of visa" described in the next paragraph.


"Automatic revalidation of visa" benefit:  Under certain circumstances, you may reenter the U.S. with an expired visa as though the visa were still valid. An expired J-1 visa may be considered to be automatically extended to the date of application for readmission to the US (and therefore the visa in the passport need not have an expiration date that is in the future), provided you do the following:

  1. Apply for readmission to US after an absence not exceeding 30 days in contiguous territory (Canada or Mexico) or adjacent islands (Saint Pierre, Miquelon, the Dominican Republic, Haiti, Bermuda, the Bahamas, Barbados, Jamaica, the Windward and Leeward Islands, Trinidad, Martinique, and other British, French, and Netherlands territories or possessions in or bordering on the Caribbean Sea other than Cuba);
  2. Maintain lawful J-1 status and intend to continue doing so;

  3. Present a valid passport containing Form I-94 which authorizes a stay beyond the date of entry (e.g., D/S);

  4. Present a properly endorsed SEVIS Form DS-2019.

Under these circumstances, you may be saved the necessity of applying for a new J-1 visa even if your visa has expired. An exchange visitor whose visa has been canceled or voided is not eligible for automatic revalidation of visa benefit. Citizens of "state sponsors of terrorism" cannot take advantage of the automatic revalidation benefit. Any non-immigrant who chooses to apply for a new visa while in contiguous territory is not eligible for the automatic revalidation benefit during the course of that trip, but has to wait until the visa is granted in order to enter the U.S.


A Word of Caution

Extension of your permission to stay is your responsibility. If you forget the deadline and apply late, you risk denial. If you are employed and overlook the date, you will be working illegally. Since such mistakes can have serious consequences, you should make certain that you apply well in advance (two months time is recommended) if you need to extend your stay.

 

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Transfer between J-1 Program Sponsors



A transfer between J-1 program sponsors means changing from J-1 program sponsor in the U.S. to another for the purpose of continuing a current J-1 program. For example, you would require a program transfer if you were a J-1 scholar at Duke University and were accepted to continue your current J-1 program at the University of Miami (UM).

A transfer to new J-1 program sponsor should not be construed as the beginning of a new program of activity with a new allotment of time.

You remain subject to the time limitations set for your particular J-1 program category (short-term scholar: 6 months; research scholar: 5 years; professor: 5 years; specialist: 12 months) and will not be eligible for a transfer DS-2019 if the time limit has been reached.


Eligibility Requirements

A J-1 scholar in any program category may transfer from one J-1 program sponsor to another if the following conditions are met:

  • The scholar has maintained his/her J-1 status; and

  • The scholar has not yet reached the maximum program duration for the J-1 program category in which he/she participates; and

  • The scholar remains within the same J-1 program category; and

  • The purpose of the transfer is to continue the objective for which he/she was admitted to exchange visitor status; and

  • The current J-1 program sponsor agrees to the program transfer and releases the scholar's SEVIS record in the Student and Exchange Visitor Information System (SEVIS) to the new J-1 program sponsor.

The transfer is accomplished through correspondence between the Responsible Officers (RO) of the two program sponsors and U.S. State Department notification through SEVIS, and the issuance of a transfer Form DS-2019 by the new J-1 program sponsor.

If a J-1 scholar has not maintained his/her J-1 status or fails to complete a transfer prior to the expiration date in item #3 on the current Form DS-2019, he/she is considered to be out-of-status and must apply for reinstatement to J-1 status through the J-1 program sponsor. Please consult with your International Student and Scholar Services (ISSS) Advisor for further information on reinstatement to J-1 status.


Program Transfer Procedure from another J-1 Program Sponsor to the University of Miami's J-1 Program

In order to transfer in to UM, you must inform your International Scholar Advisor at your current school and your J-1 program sponsor (in case they are different) of your intention to transfer to UM.  If you are accepted by a UM academic department to transfer to UM for the purpose of continuing your current J-1 program, then your UM academic department must initiate and submit to ISSS certain required paperwork to request a transfer DS-2019 for you.

Upon receipt and review of the required documentation, ISSS contacts your current J-1 program sponsor to request that your SEVIS record be released to the University of Miami on a specific date.  Please note that the transfer release date must be prior to the current program expiration date in item #3 on your Form DS-2019.  A transfer cannot be authorized after the current program expiration date in item #3 on your Form DS-2019.  If your current J-1 program sponsor agrees to the program transfer and releases your SEVIS record to UM, then your SEVIS record will become available to UM on the date of the approved transfer release.  ISSS will contact you via e-mail to schedule an appointment for you to bring your Form DS-2019, passport, Form I-94, and local address information to ISSS.  If you have any J-2 dependents in the U.S., you will also be asked to bring their Forms DS-2019, passports, and Forms I-94 to the appointment.  During the appointment, your ISSS advisor will complete your transfer to UM's J-1 program and print transfer Form DS-2019 for you and your J-2 dependents (if applicable).

Upon receipt of your transfer DS-2019, you will be directed to the appropriate office to complete Form I-9 (Employment Eligibility Verification), which is required of all J-1 scholars at UM prior to the start of your J-1 activity at UM.  Form I-9 must be completed at the following office:

  • For scholars in academic departments at the Coral Gables Campus: Coral Gables Faculty Affairs

  • For scholars in academic departments at the Rosenstiel School of Marine and Atmospheric Science (RSMAS):  RSMAS Dean's Office

  • For AO-2 (faculty) scholars in academic departments at the Miller School of Medicine: Medical Faculty Affairs

  • Form AO-6 (research) scholars in academic departments at the Miller School of Medicine: Medical Human Resources


School Transfer Procedure from UM's J-1 Program to another J-1 Program Sponsor

If you are currently participating in the University of Miami's J-1 Exchange Visitor Program and wish to transfer to another J-1 program sponsor in the United States, you must do the following prior to the expiration of your current Form DS-2019:

  1. Inform your departmental sponsor at the University of Miami of your desire to transfer to another J-1 program sponsor in the United States and request his/her approval for the transfer. If your departmental sponsor does not agree to the transfer, then you cannot transfer to another program sponsor.

  2. If your departmental sponsor agrees to the transfer, contact the department in charge of J-1 SEVIS records at the program sponsor you wish to transfer to and ask them to contact Claudia Zitzmann, Associate Director, ISSS, at czitzmann@miami.edu to request a transfer release of your SEVIS record to the new J-1 program sponsor. If your department has agreed to the transfer, and if ISSS determines that you are eligible for a transfer, your SEVIS record will be released to the new J-1 program sponsor at an agreed upon date. The new program sponsor will not be able to access your SEVIS record and will not be able to issue a transfer Form DS-2019 for you until this date has arrived.

  3. Once your SEVIS record has been released to the new J-1 program sponsor, you must meet with a program officer of the new J-1 program sponsor to obtain your transfer Form DS-2019 and to have your SEVIS record activated by the new J-1 program sponsor.

 

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Reinstatement to J-1 Status



What It Means to be "Out-of-Status"

If you are admitted to the U.S. in J-1 status and fail to comply with J-1 immigration regulations, you will be considered "out of valid program status." In order to regain valid J-1 program status, you must request and obtain a reinstatement from U.S. Department of State (DoS).

While out-of-status, you are subject to expedited removal from the U.S. and ineligible for any type of employment.

As a J-1 scholar, you may lose your program status for any of the following reasons:

  • Failing to engage in the approved J-1 program activity.
  • Failing to complete a timely transfer procedure if transferring to or from another J-1 program sponsor.
  • Entering the U.S. with a Form DS-2019 for one institution but engaging in your J-1 activity at another institution without prior approval from your J-1 program sponsor.
  • Failing to complete a program extension in a timely manner.
  • Having an expired passport.
  • Failing to obtain or maintain the required health insurance at all times while in the U.S.*
  • Working off-campus without prior authorization if such employment cannot be authorized retroactively.*
  • Being suspended or terminated from the most recent exchange visitor program.*
  • Failing to maintain valid J-1 program status for more than 270 calendar days.*
  • Receiving a favorable recommendation from DoS on an application for waiver of the two-year home country physical presence requirement of the U.S. Immigration and Nationality Act.*
  • Failing to pay the SEVIS Form I-901 fee.*

* In all of these cases, you are ineligible for reinstatement and must leave and reenter the U.S. with a new SEVIS record, J-1 visa and Form DS-2019 to regain J-1 program status.


Procedures for Reinstatement to J-1 Program Status

If you have failed to maintain J-1 program scholar status, you must contact your J-1 program sponsor for assistance.  If your J-1 program sponsor is the University of Miami, International Student and Scholar Services (ISSS) will assist you in preparing the documentation required to request reinstatement from the DoS in case you are eligible to apply for reinstatement.

J-1 scholars who have failed to maintain valid program status for 120 days or less must provide the following documents to ISSS:

  • Copies of all prior Forms DS-2019;
  • Evidence of payment of the $180.00 SEVIS fee;
  • Check or money order for $246.00 made payable to the "University of Miami"

J-1 scholars who have failed to maintain valid program status for more than 120 but less than 270 days must show inadvertence or circumstances beyond their control and unusual hardship if reinstatement were not granted.  All other elements of the reinstatement application are the same.

DoS expects to act on the reinstatement request within 45 days from their receipt of the request.  If DoS approves the reinstatement, it will notify your J-1 program sponsor via e-mail, at which point your J-1 program sponsor should access your SEVIS record and print a new Form DS-2019 for you (as well as for any J-2 dependents you may have).  If the reinstatement request is denied, DoS will notify the J-1 program sponsor regarding the denial.

 

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Ending J-1 Program Early



You are admitted to the United States for "duration of status (D/S)," defined as the period during which you are engaged in full-time, nonclinical research, teaching, long-term observation or consultation at the University of Miami (UM), plus 30 days within which to depart from the U.S. 

Your Form DS-2019 lists your J-1 program start and end dates in item #3 of the document. Unless your program is extended, the program end date on your Form DS-2019 indicates the date when your UM academic department currently expects you to complete your J-1 activity.

If you complete your J-1 activity before the expected program end date, you must inform your UM academic department and your J-1 program Responsible Officer (RO) or Alternate Responsible Officer (ARO) that you are ending the program early and provide the exact last date for your activity.  If UM is your J-1 program sponsor, then you need to provide your International Student and Scholar Services (ISSS) advisor with this information.  If your J-1 program sponsor is an agency, then you need to provide your J-1 RO/ARO with this information.

The J-1 regulations allow you to stay in the U.S. for an additional 30 days beyond the date when you complete your J-1 activity.

 

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30-Day Grace Period after Completion of J-1 Program



Upon completion of your J-1 activity, you and your J-2 dependents may remain in the U.S. for an additional 30 days. This 30-day grace period is given to you so that you may pack your belongings and travel in the U.S. before you leave this country. Unless you are eligible to apply for a change of status and do so within the 30-day grace period, you cannot remain in the U.S. beyond the 30-day grace period. Staying in the U.S. beyond the 30-day grace period without a pending application for a change of status is considered illegal and will have a negative effect on your ability to come to the U.S. in the future.

Please note that you are not allowed to work in the U.S. during the 30-day grace period. If you exit the U.S. during the 30-day grace period and wish to reenter, you must do so as a tourist with a B-1/B-2 visa or on a visa waiver.

 

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24-Month Bar on Repeat Participation in J-1 Research Scholar and Professor Category



Under the terms of the two-year bar on repeat participation in the research scholar and professor categories, an individual who has participated in the J-1 Exchange Visitor Program as a research scholar or professor becomes subject to a two-year bar on repeat participation in these categories if the exchange visitor completes a full five years of program participation with one or more program sponsors or if the exchange visitor completes a particular exchange visitor program, and the Student and Exchange Visitor Information System (SEVIS) record becomes Inactive before the full five-year period is over. In either case, the individual is not eligible to begin a new program as a J research scholar or professor for a period of two years. This rule applies to individuals in the J-1 research scholar or professor categories whose programs ended on November 18, 2006 or thereafter. It also applies to their J-2 dependents.

The purpose of the two-year bar on repeat participation in the research scholar and professor categories is to prevent research scholars and professors who have completed a program in J-1 status from exiting the United States and immediately re-entering for a new J-1 program in these two categories.

 

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Two-Year Home Country Physical Presence Requirement



A Word of Caution

The following should be used for information, it is not a legal document.  It was prepared by non-attorneys for use by non-attorneys.  Instead of assuming that you are or are not subject to the two-year home country physical presence requirement, you should consult a specialist to consider this issue in light of your own circumstances.

  1. Question: What is the purpose of the two-year home country physical presence requirement?
  2. Answer: The intent of the two-year home country physical presence requirement is to have your home-country benefit from your experience in the United States.  As an exchange visitor you come to the U.S. for a specific objective such as a program of study or a research project.  If you are subject, the requirement is intended to keep you from staying longer than necessary to complete your objective, and to make sure that you will spend at least two years in your home country before you return to the U.S. for a long-term stay.

  3. Question: Who is subject to the two-year home country physical presence requirement?
  4. Answer: The requirement applies only to the following exchange visitors in J-1 status (and their J-2 dependents):

    • Exchange visitors who have received U.S. or foreign government funding, directly or indirectly, for the purpose of international exchange;
    • Exchange visitors whose skills are in a field which their home governments requested be included on the U.S. Department of State's Exchange Visitor Skills List; and
    • Exchange visitors who come to the U.S. to receive graduate medical education or training.


  5. Question: Government funding?  I am a researcher in the lab of a professor who pays my salary out of his grant from the U.S. Department of Agriculture.  Is my salary indirect funding?  Does it make me subject to the two-year home country physical presence requirement?
  6. Answer:  This funding does make you subject to the requirement if the purpose of the faculty member's grant is international exchange, for example to bring foreign scientists to the U.S. for a research experience in his lab so that they can apply what they learned in the home country.  But if the purpose of the grant was research, and the faculty member hired you only to participate in that research, then your salary does not make you subject to the two-year home country physical presence requirement.

  7. Question: What is the Exchange Visitor Skills List?
  8. Answer: The Exchange Visitor Skills List is a long list of fields of specialized knowledge and skills.  About 30 years ago, the U.S. government sent the list to foreign governments and asked each one to indicate skills that were in short supply in their respective countries.  The resulting list appeared in the Federal Register, and official government bulletin published daily and available in most libraries.  The most recent full text appeared in the Federal Register on April 30, 2009.

    Your J-1 program's Responsible Officer (RO) or Alternate Responsible Officer (ARO) can help you determine whether you field of study or skills is on the list for your country.

  9. Question: One of my Forms DS-2019 indicates that I am subject to the two-year home country physical presence requirement.  However, I have another Form DS-2019 that indicates that I am not subject to the two-year requirement.  Which form is correct?
  10. Answer: Visa officers in U.S. consular posts and immigration inspectors at U.S. ports-of-entry make preliminary assessments as to whether or not you are subject to the two-year home country physical presence requirement.  They usually indicate their preliminary assessment by putting an annotation on your visa stamp an/or by checking the "preliminary endorsement" box on your Form DS-2019.  Please note that these are preliminary, not final assessments.  Only the U.S. Department of State can make a final determination as to whether or not you are subject to the two-year requirement.  You can request the U.S. State Department's advisory opinion on this matter through your J-1 RO/ARO or an immigration attorney.

  11. Question: If I am subject to the two-year home country physical presence requirement, what am I required to do?
  12. Answer: If you are subject to the two-year home country physical presence requirement, then you are required to spend two years in the country of your permanent residency or the country of your citizenship after you have completed your exchange visitor program.  Until you have fulfilled this requirement, there are certain things you cannot do.  You cannot hold status in the U.S. as an H (temporary worker, trainee, or dependent), L (intracompany transferee or dependent), or immigrant (U.S. permanent resident).  And inside the U.S., you cannot change your immigration status to any category except A (your government's representative to the U.S., such as a diplomat, or the dependent of an A status holder) or G (your government's representative to an international organization, such as the United Nations, or the dependent of a G status holder).

  13. Question: If I cannot change status inside the U.S., can I exit the U.S., apply for an F-1 visa, and return to the U.S. as an F-1 student?
  14. Answer: You can apply for an F-1 visa, and if you are approved, you can return to the U.S. as an F-1 student.  However, you would still be subject to the two-year home country physical presence requirement unless you spend two years in your home country or apply for and obtain a waiver of the two-year requirement.

  15. Question: What is the waiver of the two-year home country physical presence requirement?
  16. Answer: J-1 exchange visitors who are subject to the two-year home country physical presence requirement must apply for a waiver of that requirement if they seek to remain in the U.S. beyond the end date of their program or if they seek to submit an application for a change in visa status.  A waiver may be requested based on five statutory grounds:

    • A claim of exceptional hardship to a U.S. citizen or legal permanent resident spouse or child of an exchange visitor if the exchange visitor is required to return to the country of residence;
    • A claim that the participant will be persecuted due to race, religion, or political opinions if he/she returns to the country of residence;
    • A request from an interested U.S. government agency on the participant's behalf;
    • A no objection statement from the exchange visitor's government; and
    • A request by a designated State Health Department or its equivalent.


  17. Question: Is it true that if I am subject to the two-year home country physical presence requirement, I cannot come back to the U.S. for two years once I finish my program and leave the U.S.?
  18. Answer: There is no regulation that states that you cannot return to the U.S. for two years if you are subject to the two-year requirement and have exited the U.S. upon program completion.  However, if you are subject to the requirement, you remain subject until you have either spent two years in your home country or have obtained a waiver of the requirement.  If you are returning to the U.S., the visa that you use to enter the U.S. depends on the purpose of your trip to the U.S.  The only visas that you cannot use for two years if you are subject to the two-year requirement are H, L and immigrant visas.

  19. Question: If I am subject to the two-year home country physical presence requirement and I come back to the U.S. for a two-week visit after one year at home, will I loose the year I already spent at home as far as the two-year requirement is concerned?  Do the two years at home have to be without interruption?
  20. Answer: No, the two years you need to spend in your home country to fulfill the two-year requirement do not have to be uninterrupted.  Once you accumulate a total of two years, you will have satisfied the two-year requirement.

  21. Question: If I am subject to the two-year home country physical presence requirement, what happens if I marry a U.S. citizen?  Would I still be subject to the two-year requirement?
  22. Answer: Marriage to a U.S. citizen or permanent resident has not effect on the two-year requirement.  You would still be subject to the two-year requirement.

  23. Question: I am subject to the two-year home country physical presence requirement.  If I return home, get married, and my spouse is sponsored to work in the U.S. in H-1B status, can I enter the U.S. with her as her H-4 dependent?
  24. Answer: You will first need to fulfill your two-year requirement or obtain a waiver of the requirement before you can come to the U.S. in H-4 status.

  25. Question: Are J-2 dependents ever subject to the two-year home country physical presence requirement?
  26. Answer: Yes, if the J-1 exchange visitor is subject to the two-year requirement, then his/her J-2 dependents are also subject to the requirement.

 

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Health Insurance Requirement for J-1 Scholars and J-2 Dependents



As soon as you arrive in the US, you and your dependents are required by law to have medical insurance with the provisions outlined below. This insurance must be paid in full to cover you and your dependents for the duration of your Form DS-2019. Within two weeks of your arrival, you must sign and provide the Exchange Visitor Program P-1-00212 Health Insurance Requirement Certification (HIRC) to International Student and Scholar Services (ISSS), thereby certifying that you have obtained health insurance coverage for yourself and your dependents during your stay in Exchange Visitor Program P-1-00212, and that your health insurance meets the minimum requirements outlined below. By signing the HIRC, you also certify that you understand and accept that your participation in this Exchange Visitor Program will be terminated if ISSS determines that you or any accompanying J-2 dependent willfully fails to remain in compliance with the U.S. State Department's regulations governing required health insurance coverage for Exchange Visitor Program participants.

(a) Required Coverage - At minimum, insurance coverage shall include the following basic benefits:

  1. Coverage period: the complete time the insured person will be affiliated with the University of Miami as an exchange visitor or dependent of an exchange visitor;

  2. Medical benefits: at least $50,000 per accident or illness;

  3. Deductible: should not exceed $500 per illness or injury;

  4. Repatriation: $7,500 (coverage to return remains to home country);

  5. Medical evacuation; $10,000 (expenses associated with the medical evacuation of the exchange visitor or dependent thereof to the home country).

(b) Maintenance of Insurance - Exchange visitors must maintain the required insurance during the duration of the program. Due to the high costs of medical care in this country, we also encourage the exchange visitor to purchase insurance that will cover him or her and dependents for the trip to the U.S.

  1. 1. Exchange visitors who need to purchase insurance in the U.S. may purchase the required coverage designed for University of Miami visitors from United Health Care (UHC) or other insurance company (To purchase UHC coverage, complete the Visiting Scholar Insurance Enrollment Form, available at www.miami.edu/student-health).

  2. 2. If the exchange visitor will be insured through one of the University's employee insurance plans, it is important to keep in mind the following:
    • The University's employee health insurance plans do not cover the required repatriation and medical evacuation coverage. The exchange visitor will need to purchase the required coverage to supplement the University's employee health insurance plans. The exchange visitor may purchase this coverage from UHC or other insurance company (To purchase UHC coverage for medical evacuation and repatriation, complete the Medical Evacuation and Repatriation Insurance Enrollment Form, available at www.miami.edu/student-health).

    • The University's employee health insurance plans do not go into effect until 60 days after the date of acceptance or the date of hire. Between the date of arrival and the date the insurance goes into effect, the exchange visitor must have or obtain the required health insurance for exchange visitors and dependents. The exchange visitor may purchase this coverage from UHC or other insurance company.

It is recommended that you have any necessary dental work completed prior to coming, as this tends to be expensive in the United States. It is also recommended that you bring an extra pair of eyeglasses or contact lenses and your prescription. If you take regular medications, it is advised that you bring a large enough supply to cover your intended stay while in the United States. Sometimes these medications are not available and therefore this may affect your health status.

 

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J-1 Scholar Immunization



It is recommended that international scholars hosted by departments on the Coral Gables and Rosenstiel School of Marine and Atmospheric Science campuses have the required immunizations as listed on the University of Miami Exchange Visitor Immunization Record. Please complete the form prior to your arrival at the University of Miami and return the completed form to the Student Health Service by mail (5513 Merrick Drive, Coral Gables, FL 33146, U.S.A.), fax (305-284-6463) or e-mail (studenthealth@miami.edu). If you have any questions regarding immunizations requirements or the immunization form, please contact Jackie Ledon, Manager, Student Health Center, by phone (305-284-5921) or e-mail (jledon@miami.edu).

 

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Change to J-1 Status



In order to apply for a change to J-1 status, you must complete and submit the following documents to International Student and Scholar Services (ISSS), and ISSS will forward them to the appropriate U.S. Citizenship and Immigration Services (USCIS) Center for adjudication.  CIS takes three months or more to adjudicate an application for change of status to J-1.

  1. Receipt for payment of $180.00 SEVIS fee.  The SEVIS fee must be paid online through use of a credit card, locally using the Western Union Quick Pay service, or by mail through use of a check or money order.  ISSS highly recommends that you file and pay the required SEVIS fee online with a credit card or in person through the Western Union Quick Pay service instead of by mail with a check or money order since the online option as well as the Western Union Quick Pay service option result in speedier processing of your required fee payment.
  2. Online payment option: To pay the SEVIS fee online and obtain the required receipt for payment, you must (1) complete and submit the Form I-901 online at www.fmjfee.com with the required Visa, MasterCard or American Express information for payment of the $180.00 SEVIS fee (please make sure to write your name exactly as it appears on your Form DS-2019); and (2) print a copy of the online payment receipt for your records and for submission of your application for change of status.

    Western Union Quick Pay Option: To pay the SEVIS fee through Western Union Quick Pay and obtain the required receipt for payment, you must (1) print out and bring a copy of the instructions for SEVIS Form I-901 fee payment by Western Union Quick Pay along with a copy of the sample form, Form DS-2019, and the $180.00 SEVIS fee, to a local participating Western Union Agent location (instructions and sample form can be found online; the nearest Western Union Agent location can be found online; (2) request and complete the Blue Form at the Western Union Agent location according to the instructions provided on the SEVIS website; (3) submit the Blue Form and $180.00 SEVIS fee to the Western Union Agent who will transmit the payment and information on your behalf; and (4) obtain the properly completed Western Union receipt for your records and for submission of your application for change of status.

    Mail payment option: To pay the SEVIS fee by mail and to obtain the required receipt for payment, you must (1) download and print Form I-901, available at www.fmjfee.com; (2) complete Form I-901 (please make sure to write your name exactly as it appears on your Form DS-2019); (3) prepare a check or money order in the amount of $180.00 payable to the "Department of Homeland Security;" (4) mail the completed Form I-901 and payment to I-901 Student/Exchange Visitor Processing Fee, P.O. Box 970020, St. Louis, MO 63197-0020, or, for expedited delivery of your payment, mail the completed Form I-901 and payment to I-901 Student/Exchange Visitor Processing Fee, 1005 Convention Plaza, St. Louis, MO 63101, United States, Phone number: 1-314-418-8833 (U.S. country code: 011); and (5) wait for Form I-797 receipt notice for your records and for submission of your application for change of status.

    Please note that payment coupons are generated only when you complete your Form I-901 online and choose to pay by check or money order, in which case you should print and mail the coupon with your payment.  You will not need to fill in a paper Form I-901 as well.  When your payment is received at the Student and Exchange Visitor Program (SEVP), the coupon will be used to match your payment to the information you entered.

    Whether you pay online with a credit card, in person through the Western Union Quick Pay service, or by mail through of check or money order, please note that the website dedicated to the I-901 fee (www.fmjfee.com) allows you to verify online that your SEVIS I-901 fee payment has been received and when the official receipt for the payment was issued.

    For detailed and helpful information on the SEVIS fee, required Form I-901 information, payment options, processing times and other related issues, please read the information provided through the SEVP website

  3. Form I-539 (Rev. 02/26/09; available from ISSS).
  4. Original Form DS-2019 (you must sign and date the exchange visitor certification section on the bottom of page 1 of your Form DS-2019).
  5. Photocopy of your Form I-94 and copies of Forms I-94 of any dependants.
  6. Photocopy of financial support documents for yourself and any dependants.
  7. Letter addressed to U.S. Citizenship and Immigration Services (USCIS) requesting the change of status, and explaining why the change is needed.
  8. Photocopy of your passport and passports of any dependents (include photo page, biographical page, expiration date page, entry visa page and page bearing stamp of last entry to the U.S.).
  9. Copy of current registration, if available.
  10. Money order for $300.00 made payable to the "Department of Homeland Security."

If you are in a status in which you are not authorized to work (e.g., F-2), you may not be employed in any capacity until you receive notification from USCIS that your status has been changed to J-1. This process can take several months.

If your change of status application is denied, you may be required to leave the United States on short notice and obtain an J-1 visa (usually in your home country), and re-enter the U.S.


Please note:

Change from B-2 Status to J-1 Status

If you request a change from B-2 (tourist) status to J-1, be aware that this change is normally denied, unless the B-2 visa bears the notation "prospective student." If your request is denied, you must leave the U.S. and obtain a J-1 visa (usually in your home country), and re-enter the U.S.  You are not permitted to enroll in classes until such time as USCIS has approved your change of status to J-1 or you have obtained a J-1 visa and entered the U.S. in J-1 status.


Visa Waiver Program "WT"

Also, if you entered the U.S. under the Visa Waiver Program, designated "WT," you may not request any change of status in the U.S., but must follow the same procedure described above in case of denial of the change of status from B-2.  The Visa Waiver Program allows nationals of some countries to enter the U.S. without a tourist visa and to remain for 90 days without being able to extend their stay, change status, be employed or enroll in classes in the U.S.


Change from a Dependent (J-2) Status to J-1 Status

If you request a change from a nonimmigrant dependent (e.g., J-2 spouse) to J-1 status, you must provide additional documents to USCIS such as copies of your spouse's (e.g., J-1 status) Form I-94, Form DS-2019, school transcript, proof of enrollment, passport and visa entry page.  Please note that a J-2 dependent who has been in J-2 status for more than six months is not eligible for a change of status to J-1 or J-1 visa in the research scholar or professor program categories.  Also, a J-2 dependent who is subject to the two-year home country physical presence requirement is not eligible for a change of status to J-1.

If your change of status application is denied, you may be required to leave the United States on short notice and obtain an J-1 visa (usually in your home country), and re-enter the U.S.

 

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Authorization for Occasional Lectures or Consultations



Under certain circumstances, J-1 scholars may be eligible to engage in occasional lectures or consultations for a U.S. employer other than their sponsoring department, and to receive compensation for these occasional lectures or consultations.

If you are not participating in the University of Miami's J-1 program but are sponsored by another J-1 program sponsor and receive an offer from a U.S. employer other than your department to engage in occasional lectures or consultations, then you need to contact your J-1 program sponsor to request authorization to engage in occasional lectures or consultations. Only your J-1 program sponsor can provide you with this authorization.

If you are participating in the University of Miami's J-1 program and receive an offer from a U.S. employer other than your department to engage in occasional lectures or consultations, please provide the following letters to International Student and Scholar Services (ISSS) at least two weeks before you wish to engage in the occasional lecture or consultation:

  • A letter from the offeror setting forth the terms and conditions of the offer to lecture or consult, including the duration, number of hours, field or subject, amount of compensation, and description of such activity; and

  • A letter from your department head or supervisor at the University of Miami recommending such activity and explaining how it would enhance your J-1 program at the University of Miami, and stating that engaging in the activity would not delay the end of your J-1 program at the University of Miami.

Your ISSS advisor will review both letters. Provide that the proposed occasional lecture or consultation and the letters meet the criteria listed above, ISSS will provide you with written authorization to engage in the occasional lecture or consultation for a U.S. employer other than your department, and you will need to take the authorization to the offeror. Please allow three business days for processing of your request for authorization to engage in occasional lectures or consultations.

 

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J-2 Dependents Work Permission



Conditions of J-2 Work Authorization

  1. You must hold valid J-2 status, and the exchange visitor must hold valid J-1 status, as shown on your Form I-94 Departure Records.

  2. Your income may not be used to support your J-1 spouse or parent.

  3. You may not begin to work until you have received your Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services (CIS).  The EAD is an identification card laminated in plastic, with your photograph, and the expiration date of your permission to work.

  4. You may work part-time or full-time, at any job, for any employer (except that you may not practice medicine, even if you have a license).  There is no legal limit to the amount that you may earn.

  5. CIS can authorize J-2 employment for as long as the J-1 exchange visitor has permission to stay.  Permission to stay expires on the date shown on Form I-94.  If Form I-94 shows "Duration of Status" or "D/S," permission to stay expires on the program end date shown in item #3 of Form DS-2019.  CIS practice is to limit issuance of all EADs to no more than one year at a time.  Please note that J-2 employment authorization is valid only if the J-1 exchange visitor is maintaining status.

How to apply for J-2 Work Authorization
You will need the following items in order to apply:

  1. Form I-765, "Application for Employment Authorization." (Rev. 10/30/2008, available at International Student and Scholar Services; enter eligibility code (c)(5) in item #16).

  2. Two photos as specified in the Form I-765 instructions (with name and I-94 number written on back in pencil)
  3. (Please note that it is your responsibility to ensure that the photographs comply with the I-765 instruction.  ISSS does not assume any responsibility for CIS's decision as to whether your photographs meet the I-765 specifications.).

  4. Previous EADs (if applicable).
  5. CIS mailer in which previous EAD was received (if applicable).
  6. Copies of the J-1 exchange visitor's and your biographical passport pages, passport expiration date pages, J-1 and J-2 visa pages, and passport pages bearing entry stamp from last entry to U.S.
  7. Copies of both sides of the J-1 exchange visitor's Form I-94 and your Form I-94.
  8. Copies of the J-1 exchange visitor's Form DS-2019 and your Form DS-2019.
  9. Evidence of your relationship to the J-1 exchange visitor (i.e., J-2 spouse of a J-1 exchange visitor must include a copy of the marriage certificate and English translation).
  10. Money order for $340.00 made payable to "Department of Homeland Security."
  11. A letter (see sample in handout) from you, the J-2 dependent, to CIS requesting work permission.  The point of the letter is not to demonstrate need; it is to show CIS that the J-1 exchange visitor has sufficient resources for his or her own expenses, and will not depend on your earnings.  In the letter you should indicate the sources and amount of the J-1 exchange visitor's support, and include a short budget or statement of family expenses to show that his or her resources are adequate without any income from your employment.  You should give a reason for wanting to work, some worthwhile interest or activity that might include family travel or recreational or cultural activities.  In your letter you must say specifically that income from your earnings will not be used for the J-1 exchange visitor's support.

After review by International Student and Scholar Services, applications for J-2 employment authorization must be sent to the CIS Regional Service Center, Mesquite, Texas, for processing and adjudication.

It is estimated that it will take CIS a minimum of 120 to 150 days to process these applications.  You may not begin employment until you receive your Employment Authorization Document (EAD).


Authorization to Work

CIS Form I-9, "Employment Eligibility Verification."  When you begin work, your employer will ask you to complete Form I-9, which requires you to document your work authorization.  For Form I-9, your EAD card is acceptable proof both of your identity and your permission to work.

If your permission to stay expires, so will your EAD.  Your spouse's (or parent's) J-1 Responsible Officer or Alternate Responsible Officer will explain how to extend permission to stay for the J-1 exchange visitor and all J-2 dependents.  A pending application for extension of stay, or for a new EAD, does not authorize you to continue working.  When you have the new EAD, you will have to update Form I-9 with your employer.

A 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.  After you have obtained an EAD, please take your passport (if you are Canadian, you may use another form of photo-bearing identification), Form I-94, the J-1's Form DS-2019 and your Form DS-2019, and your EAD to an office of the Social Security Administration to apply for a Social Security card.


Taxes

The earnings of J-2 dependents are subject to applicable federal, state and local taxes, and Social Security, and employers are required by law to withhold those taxes from paychecks.  By April 15, you must file an income tax return, Form 1040NR, with the Internal Revenue Service (IRS), covering the prior calendar year.  The return determines whether you owe more taxes or the IRS owes you a refund.  With Form 1040NR, you must also file a "Required Statement."  Please consult IRS Publication 519, "U.S. Tax Guide for Aliens" for further information.

 

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Form I-9 Information for J-1 Scholars



Every employer in the United States must require each new employee to prove that he or she is eligible to work in this country by completing Form I-9 and providing appropriate documentation.

Form I-9 must be completed within three business days of the date you begin employment.


Form I-9

All J-1 scholars at the University of Miami (UM) must complete Form I-9, regardless of whether or not they will receive funding from UM.  Upon your arrival in Miami, you need to contact Coral Gables Faculty Affairs (all Coral Gables scholars), the Dean's Office at RSMAS (all RSMAS scholars), Medical Human Resources (scholars in the AO-6 research category at the Miller School of Medicine) or Medical Faculty Affairs (scholar in the AO-2 faculty category at the Miller School of Medicine) immediately to schedule an appointment to complete Form I-9.  Contact information for these offices is provided on the Form I-9 Completion Reminder included with your prearrival information.


Suggestions for Completing Form I-9

The suggestions which follow assume that you are a J-1 scholar and that you can produce only those documents which J-1 scholars normally have or can obtain.  However, if you have other documents which meet the requirements of Form I-9, you are free to use them, and are not required to complete the Form in the manner described below.

Section 1.  Employee Information and Verification.  Section 1 asks for factual information about you, the new employee.  Complete this section in full. In the part that asks for your status in this country ("I attest..."), check the box beside "An alien authorized to work until..."  Then indicate the date that your work authorization will expire.  In order to determine this date, refer to your J-1 documents, all three of which must be current.  (The visa stamp in your passport, whether it has expired or not, and whether its category is J-1 or not, has no relevance whatever to Form I-9.)

  1. Form I-94, the white card, approximately 9 by 11 centimeters, issued to you when you entered the United States.  Form I-94 should show an expiration date of "D/S" for "Duration of Status" for your J-1 status.
  2. Form DS-2019, which shows beginning and ending dates of your J-1 program in item #3.

Enter your admission number from Form I-94.  Your admission number is eleven digits long, and appears as a serial number on your Form I-94.  Sign and date the form in the spaces provided.

Section 2. Employer Review and Verification.  On the Form I-9, there are three lists of acceptable documents.  Those in List A establish both the identity and the employment eligibility of the person who wants to work.  Those in List B establish only identity, and those in List C establish only employment eligibility.  Your employer cannot hire you until you have completed Form I-9 accurately and appropriately, but cannot stipulate which documents are acceptable from you and which are not.  Whichever documents you submit, they must be originals, not photocopies.

If, as a J-1 scholar, you choose to document your eligibility to work with item #5 in List A (your "foreign passport with Form I-94"), then, as attachments, you should present your passport, Form I-94, and Form DS-2019.


Updating Form I-9

If your authorization expires and you wish to continue your employment without interruption, consult your UM academic department and J-1 RO/ARO about extending your stay and work permission.  When the permission is extended, you and your employer will have to update your original Form I-9.  This must be done on or before the date your current employment authorization expires.

 

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Form I-9 Information for Employers of J-1 Scholars



Every employer in the U.S. is required to determine the work eligibility of each new employee. This is done with a document called the "Employment Eligibility Verification" form, U.S. Citizenship and Immigration Services' (CIS)  Form I-9.  The purpose of this form is to (1) verify the worker's identity and (2) evaluate the employee's eligibility to work.  Form I-9 must be completed within three business days of the date the employee begins employment.  Each employer should have copies of this form.  If you do not have the form available, you can download the form from the following site: http://www.formi9.com/i-9.pdf


Suggestions for Completing CIS Form I-9

Section 1.  Employee Information and Verification. Section 1 is at the top of the form and asks for factual information about your new employee.  The suggestions which follow assume that he/she is a J-1 scholar and that he/she can produce only documents which J-1 scholars normally have or can obtain.  If your new employee has other documents which meet employment eligibility verification requirements, he/she is not required to use his/her J-1 documents and is not required to complete the form in the manner described below.

a.  Have the scholar complete this section in full.

b.  In the part of this section which asks for the scholar's status in this country, the scholar may place a check mark or an "X" in the small square beside "An alien authorized to work until..."

c.  In the blanks beside that small square, the scholar may enter numbers representing the month, day and year until which he/she is authorized to work.  In order to determine this date, he/she should refer to the following document:

U.S.Department of State Certificate of Eligibility for Exchange Visitor (J-1) Status. The scholar should enter the expiration date of this document, which can be found in item #3.

d.  The scholar should sign and date the form in the spaces provided.


Section 2.  Employer Review and Verification. You are required to complete this section of Form I-9 but the scholar must provide certain original documents (not photocopies) in order for it to be properly completed.  On the back of Form I-9, you will find a list of acceptable documents.  You cannot require that the scholar provide any particular documents on this list; he/she may produce any documents which meet eligibility verification requirements.

While the scholar cannot be required to provide any particular documents, since he/she is a J-1 scholar, he/she can present to you the same document he/she used to determine the expiration date of his/her employment permission in Section 1.  If this document was the scholar's Form DS-2019, he/she could also present his/her passport as identification.  You may make photocopies of any documents the scholar presents for employment eligibility verification.


Updating CIS Form I-9

If the scholar's current permission to work has an expiration date and you wish to continue to employ the scholar beyond that date, you must apply for an extension of his/her work permission.  The Department of International Student and Scholar Services can assist you with this process if the scholar meets eligibility requirements for an extension.  The scholar and you must then update the original Form I-9.  This must be accomplished on or before the date his/her current employment authorization expires. 

 

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