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Information and Procedures for J-1 Students

Please choose the relevant topic below to obtain more information:

A description of the Program in Which the Exchange Visitor is Participating

 Immigration Regulations

 School Transfer

 Extension of Program

 Employment and Training

 Two-Year Home Country Physical Presence Requirement

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A Description of the Program in Which the Exchange Visitor is Participating

The Exchange Visitor Program purpose is to enhance understanding between the people of the United States and the people of other countries through educational and cultural exchanges. Both the sponsor (FGCU) and the individual participants are required to comply with all Exchange Visitor Program regulations and procedures. The academic colleges and departments who wish to bring a foreign national under this program will be required to follow these procedures in the screening and selection of participants, coordination and approval of their formal invitation through the International Services Office (ISO), the monitoring of the exchange visitor's activities while they are in the US, filing periodic reports and complying with all regulations governing this program.

Florida Gulf Coast University's exchange visitor program will facilitate exchange of knowledge and foster greater cultural understanding between citizens of the US and other nations.

The program will mutually benefit participants through collaborative cultural and educational exchange in academic study, research, sharing of expertise, professional networking, social engagement, and exposure to the host community. Exchange Visitors (and reciprocating US Citizens) will be immersed in their host culture and engaged in their selected academic or educational pursuits with colleagues and peers. On return to the home country, they will further advance the Exchange Visitor Program goals by bringing an increased knowledge, education and cultural understanding back to the home country, to promote a continued sharing of ideas and information between the US and other nations.

Potential categories for Exchange Visitors:

Student

For foreign students to study at FGCU either degree or non-degree. Students in programs that meet any of the criteria below are eligible to participate :

·          The student , or their program, is directly or indirectly financed by the US government, the government of their home country, an international organization of which US is a member (by treaty or statute), or if they are substantially supported by funding from any source other than personal or family funds.

·          The student's program is pursuant to an agreement between American and foreign educational institutions or US Government and a foreign government

Short Term Scholar

For professor, research scholar or person with similar education or accomplishments who visits the US to lecture, observe, consult, train, or demonstrate special skills at research institutions, museums, libraries, post-secondary accredited educational institutions or similar types of institutions.

·          Maximum duration of 6 months.

·          Short term scholars may participate in conferences, workshops, seminars, or other events as indicated.

·          May sometimes lecture or consult at other institutions (outside of FGCU) if authorized.

Professor and Research Scholar

Foreign professors and research scholars engaged in research, teaching, and lecturing with their American colleagues.

·          Shall not be candidate for tenure track position

·          Some restrictions may apply if participant has previously been in US in J-visa status

·          May have option to engage in both research and lecture and short-term consultations with ISO approval.

·          Maximum duration 3 years

Specialist

Facilitates exchange among experts in scientific institutions, government agencies, museums, corporations, libraries, and similar institutions.

·          Experts in a field of specialized knowledge or skill, come to US to observe, consult or demonstrate special skills.

·          Maximum duration one year.

·          Professors, researchers, short term scholars and alien physicians excluded from this category

Immigration Regulations

Introduction

As a J-1 student attending a U.S. education institution, you are responsible for knowing and complying with the J-1 student immigration regulations. The immigration regulations are administered by the Department of State and the U.S. Citizenship and Immigration Services (USCIS). It is important for you to understand the immigration regulations. The Department of State does not consider ignorance of the law a legitimate reason for failing to obey it. This information is designed to assist you with your awareness of and compliance with the rules that regulate those in J-1 and J-2 (dependents) status.

Know your RO and ARO

Each sponsoring agency has a Responsible Officer (RO) and several Alternate Responsible Officers (ARO). RO and AROs are thoroughly familiar with the J-1 regulations. As RO and AROs, they can also assist you with traveling outside the United States, employment authorizations, extension of stay, and other regulations.

If you are sponsored by Florida Gulf Coast University, it will state this in #2 of your DS-2019. At Florida Gulf Coast University, the RO and ARO's work within the Office of International Services (ISO). If you are sponsored by an agency other than FGCU, you should contact your agency directly to find out the name of the RO and ARO.

The RO/ARO for Florida Gulf Coast University can be reached via phone at (239) 590-7925, fax (239) 590-7977 or by email.

Know your Immigration Documents

 Passport
A student subject to passport requirements must obtain one and maintain its validity at all times while enrolled as a student. If the passport will expire before the end of the period of stay, it is the student's responsibility to contact the Consulate or Embassy of his or her country to have the passport extended or renewed. Passport renewals generally require several weeks. Enough time should be allowed to complete this process before the passport's expiration. When the passport expires, students are in the United States illegally and are subject to deportation.


 Visa
A student subject to visa requirements must apply for one at a U.S. Consulate or Embassy. Most Embassies and Consulates now issue an electronic machine-readable visa, which contains your photograph. The visa is for permission to apply for admission to the United Sates for a specific purpose and period of time. The spouse and children of a student on a J-1 visa will be assigned J-2 visas. Since the visa is only important for entry or re-entry to the U.S., the visa may expire while the student is in the United States.


 Renewal
If the student plans to leave the U.S. temporarily with an expired visa, the coordinator of ISO should be contacted prior to departure to obtain the necessary documents so that you can apply for a new visa outside the U.S. for re-entry.

 Form I-94 (Arrival/Departure Record) The I-94 shows that you have been admitted to the U.S. The I-94 is usually stapled onto the US visa page or entry stamp page of your passport. It contains an eleven-digit identifying number the USCIS uses to keep track of your arrival in and departure from the U.S. A student on the J-1 visa should have "D/S" (duration of status) written on the I-94, which means that you are admitted for the length of your program of study plus 30 days (grace period).

 DS-2019
The DS-2019 is the official document that is returned to the student at the port of entry or as approval of an extension of stay or transfer of program. Please refer to Item # 3 of the DS-2019 for the end date of your program. If you plan on staying past this date, you are responsible for applying for your extension with the Coordinator of International Services. The form provides pertinent information about the Exchange Visitor Program on the back. The student should read and adhere to the information therein.

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Arrival Procedures and Information for Exchange Visitors

DEFINITIONS

J-1 Exchange Visitors are foreign nationals who have been selected by a Department of State (DOS) designated program sponsor to participate in an exchange visitor program in the United States. This program is designed to promote mutual understanding between the United States and other countries through the interchange of persons, knowledge, and skills.

ADVANCE PREPARATION PRIOR TO ENTRY

Careful planning and preparation can ensure that delays are minimal. If you are a non-immigrant exchange visitor, here are some things you should do:

ü        Before leaving your country, confirm that your passport and nonimmigrant visa are still valid for entry into the United States. The passport should be valid for at least six months beyond the date of your expected stay.

ü        Check to see that your visa accurately reflects your correct visa classification. (i.e. J-visa)

ü        When you receive your U.S. nonimmigrant visa at the Embassy or Consulate in your country, if the consular officer seals your immigration documents in an envelope and attaches it to your passport, you should not open this envelope! The Customs and Border Protection Officer at the U.S. port-of-entry will open the envelope.

ü        If the visa states the name of the institution you will attend or identifies the exchange program in which you are participating, verify that this information is accurate as well. If your review indicates any discrepancies or potential problems, visit the U.S. Embassy or Consulate to obtain a new visa.

ü        Students and exchange visitors entering the United States for the first time under their respective nonimmigrant visa classification may only be admitted up to 30-days prior to the program start date.

ü        When you travel, you should carry your documents on your person. Do not check them in your baggage because they may get lost or delayed and the Customs and Border Protection Officer will need to see them before you are able to enter the United States.

Documents you should carry on your person:

·          Passport (including attached envelope of immigration documents) with nonimmigrant visa;

·          SEVIS Form DS-2019;

·          Visa exempt nationals presenting a SEVIS Form DS-2019 issued on or after September 1, 2004, who are entering the United States for the first time should have a Form I-797, Receipt Notice or Internet Receipt verifying SEVIS Fee payment. Refer to the U.S Immigration and Customs Enforcement www.ice.gov/sevis website for additional SEVP/SEVIS Program Information;

·          Evidence of financial resources,

·          Invitation letter from FGCU.

·          Name and contact information for Responsible Officer (RO) at FGCU. Writing instrument (pen).

If you are traveling by aircraft, the flight attendants on board will distribute CF-6059 Customs Declaration Forms and Form I-94, Arrival-Departure Record for immigration, before you land at your initial point-of-entry in the U.S. Complete these forms while you are on the aircraft and submit them to the appropriate Customs and Border Protection Officer upon your arrival. If you do not understand a form, ask the flight attendant for assistance.

When you arrive:

  • Have your DS-2019 form, visa and passport in hand.
  • A U.S. Customs border protection officer will review your travel documents and ask you some questions about the nature of your stay in the U.S.
  • Your fingerprint will be electronically scanned and a digital photograph will be taken of you.

Upon arrival at the port-of- entry, proceed to the terminal area for arriving passengers for inspection. As you approach the inspection station, ensure that you have: passport, SEVIS Form DS-2019; completed Form I-94 Arrival-Departure Record; and, CF-6059 Customs Declaration Form available for presentation to the CBP Officer. The Form I-94 should reflect the address where you will reside (not the address of the school or program sponsor).

If you are entering through a land or designated seaport, the Customs and Border Protection Officer will provide the necessary CF-6059, Customs Declaration Form and Form I-94, Arrival-Departure Record at the port-of-entry. If you do not understand a form, ask the CBP Officer for assistance.

Like all entering visitors, you will be asked to state the reason you wish to enter the United States. You will also be asked to provide information about your final destination. It is important that you tell the CBP Officer that you will be a student or exchange visitor. Be prepared to include the name and address of the school or exchange visitor program where you will enroll/participate.

Once your inspection is complete, the inspecting officer will:

·          Stamp your SEVIS Form for duration of status ("D/S") for J-1 students;

·          Stamp the Form I-94 and staple it in the passport;

·          Return the SEVIS Form to you.

SECONDARY INSPECTION REQUIREMENTS

If the inspector cannot automatically verify your information or you do not have all of the required documentation, you may be escorted to an interview area know as "secondary inspection." Secondary inspection allows inspectors to conduct additional research in order to verify information. Verifications are done apart from the primary inspection lines so that an individual case will not cause delays for other arriving passengers.

It is recommended that you have readily available the name and phone number of the FGCU Responsible Officer for your J-1 Exchange Visitor Program in case your admission/participation needs to be verified. In the event you arrive during non-business hours (evenings, weekends, holidays), you should have a phone number where this individual can be reached during non-business hours.

Failure to provide proper documentation and to comply with entry/exit procedures is cause to refuse the student or exchange visitor admission into the United States. In limited circumstances, if a student or exchange visitor is mostly, but not fully in compliance, he/she may be issued a Form I-515A, Notice to Student or Exchange Visitor. This form authorizes temporary admission for 30 days into the United States and requires the student or exchange visitor to take immediate action to submit proper documentation. Noncompliance with the directions contained on these forms can result in future adverse action. If you are given form I-515A, please contact the RO at FGCU immediately on your arrival.

CONTINUING STUDENTS

Continuing students who are going to travel outside of the United States must see their foreign student advisor and obtain an endorsement from the DSO or RO. The endorsement will be made on page 1 of the DS-2019. When returning to the United States, a continuing student/exchange visitor must present a valid SEVIS Form DS-2019 with the RO signature showing that the student is active and in good standing with the school or program.

Traveling Outside of the United States

A student traveling outside the United States should be certain to have all necessary documents for entry into all countries he or she intends to visit and for re-entry into the United States.

For re-entry into the United States, the student needs:
 A valid passport (if subject to passport requirement)
 A valid J-1 visa (if subject to visa requirement)
 Responsible Officer (RO) or Alternate Responsible Officer (ARO) at ISO's signature on the back of a valid copy of the DS-2019 or a new DS-2019 for extension of stay, or transfer to a different program.

If a new visa is required, the student should take the valid passport, endorsed DS-2019 (or original as appropriate), and evidence of financial support to the United States Consulate or Embassy to apply.

What is automatic revalidation of visas?

 A student(except those from Cuba, Iran, Iraq, Libya, Sudan and Syria) can re-enter to the United States with an expired J-1 visa when the student:
 Travels to Canada, Mexico or the adjacent islands other than Cuba for less than 30 days; and
 Has maintained and intends to resume status as a student and the previously authorized stay is valid at the time of re-entry.

In such case, the student will need only a valid passport, with an affixed visa, an endorsed DS-2019, and a current Form I-94. The student should not surrender the I-94 when leaving the U.S. to travel to contiguous territory. Please consult with your for more information.

Maintaining Student Status


 Maintain a full course of study as defined by your academic division except: during vacation, documented medical problems presented to the ARO, bona fide academic reason in writing from the academic dean or advisor presented to the ARO, final term in which less than a full course of study is needed to complete the academic requirements.
 Satisfactorily pass the minimum required course work during each academic term.
 Engage only in employment authorized in writing by the RO or ARO.
 Comply with all local, state, or federal laws.
 Keep the Office of International Services and the Office of the Registrar informed of your current telephone number and address.
 Maintain adequate medical insurance for self and all accompanying dependents.


School Transfer

Eligibility
 The student is in good academic standing.
 The student has not worked without authorization.
 The student is within the time limits specified in part 3 of his/her current DS-2019.

Procedure
 A student brings the DS-2019 issued by the school to which s/he wishes to transfer to the Responsible Officer (RO).
 The RO fills out part #8 of the DS-2019 verifying the student's eligibility for transfer.
 The student mails the signed DS-2019 to the RO at the new institution as least 15 days prior to the expiration date on his/her current DS-2019.

Note:
If the student will depart the country between programs (accompanied by family members, if applicable), this process is unnecessary. Simply use the new DS-2019 provided by the new sponsor to re-enter to the United States.


Extension of Program

Eligibility
The student must:
 Have D/S written on his/her I-94 form (the small white card usually attached in your passport).
 Be a full-time student making satisfactory academic progress.
 Be maintaining valid J-1 status by not working illegally, by being covered by adequate insurance and by having filed timely and appropriate transfer and extension notifications where applicable.

Note:
The extension can't be granted after the end date on the DS-2019 so it is necessary to contact the ISO at least one month prior to the expiration date.

Procedure
 If sponsored by Florida Gulf Coast University, have your academic advisor fill out the DS-2019 Request Form for Students.

Note: Signature of the academic advisor and financial documentation is necessary to proceed. Return the completed DS-2019 Request Form to your Coordinator of International Services at ISO.
 If sponsored by another entity, please refer directly to your sponsor for extension procedures which may vary according to the specific sponsor.


Employment and Training

This information is relevant for J-1 visa holders in the student category who are sponsored by Florida Gulf Coast University. If Florida Gulf Coast University is not your sponsor, you need to ask your sponsor what, if any, employment you are allowed during your stay.

There are three different types of employment:

On Campus Employment

Eligibility
A J-1 student is eligible to assume any on-campus employment as long as s/he meets the following conditions:
 Remains in good academic standing.
 Continues to engage in a full course of study.
 Limits total employment to no more than 20 hours per week while in school, 40 hours per week during vacations.
 Has approval in writing from his/her Responsible Officer.

Procedure
Ask ISO Coordinator for letter of on-campus work authorization.

Off Campus Employment Due to Severe Economic Hardship

Eligibility


A J-1 Student is eligible to engage in off-campus employment as long as s/he meets the following conditions:
 Remains in good academic standing.
 Continues to engage in a full course of study.
 Limits total employment to no more than 20 hours per week while school is in session.
 Can document unforeseen changes in her/his economic circumstances.
 Has approval in writing from his/her Responsible Officer (RO).

Procedure
Submit the following documentation to the Coordinator of the International Services Office (ISO):
 A budget, showing that expenses are projected to exceed income.
 A letter explaining the unforeseen changes in economic circumstances.
 For graduate students: a letter from the student's advisor stating that the student's employment will not interfere with the student's academic obligations.

Academic Training

Eligibility
A J-1 student is allowed to engage in employment related to his/her major if s/he meets the following conditions. The student:
 Has primarily come to the U.S. to study, not to work.
 Will engage in employment directly related to his/her major field of study.
 Has completed all coursework required for the degree OR will work only during vacation periods or only part-time (20 hours/week) if still attending class.
 Will maintain health insurance coverage while working.
 Will obtain written Academic Training permission from his/her Responsible Officer (RO).

Procedure
 Obtain a letter of offer from your employer that includes all of these details:

 Job title
 A brief description of the goals and objectives of your employment
 The dates and location of the employment
 The number of hours per week
 Name and address of the training supervisor


 Give a copy of your employer's letter to your academic advisor or dean for use in filling out the
 Academic Training Request available in the ISO office and online.

 Give the completed employer's letter and the completed Academic Training Request  form to the Coordinator of International Services (your ARO) so he can write a letter of work authorization. You are not allowed to work without this authorization letter.

Time Limitations for Academic Training

 Academic Training employment may not exceed the period of full course of study or 18 months, whichever is shorter. However, if you receive a Ph.D. and acquire a post-doctoral training position, you are allowed a maximum of 36 months of Academic Training.

 Part-time Academic Training counts against the amount of full-time employment available. Example, if you are on a 12-month academic program, then you are eligible for 12 months of Academic Training. If you use 6 months of part-time Academic Training before you finished your academic program, then you only have 6 months of full-time Academic Training left after the academic program.

 Earning more than one degree does not increase your eligibility for Academic Training.

Authorization deadline: If you are going to complete your program, then you must receive your academic training authorization before the end of your last semester. For example, if you finish your studies on December 15th then the Academic Training must be authorized by the 15th to begin on the 16th. Any time not worked during the authorized Academic Training period is time lost. So, using the previous example, if your job officially begins on January 15th then you have lost one month of Academic Training.

 Academic Training Request Form


Two-Year Home Country Physical Presence Requirement

Intent of the Requirement


The intent of the requirement is to have the home country benefit from the exchange visitor's experience in the United States. Exchange visitors come to this country for a specific objective such as a program of study or a research project. The requirement is intended to prevent a participant who is subject from staying longer than necessary for the objective, and to ensure that he or she will spend at least two years in the home country before coming back to the United States for a long-term stay.

An exchange visitor is subject to the requirement if any of the following conditions apply:
 If the exchange visitor's participation in an exchange program was financed, directly or indirectly, by the United States government or a foreign government for purpose of exchange.
 If the skills that the exchange visitor is coming to develop or exercise are in a field which the exchange visitor's "home" government requested be included on the State Department skills list.
 The exchange visitor comes to the United States to receive "graduate medical education or training."

The exchange visitor can tell if he/she is subject by looking at the J visa page in the passport which would say "212e does apply" and/or the bottom box of the DS-2019.

If you are subject to the requirement, the exchange visitor can only change to A or G status within the United States. An exchange visitor subject to the requirement can change visa status outside of the United States at the discretion of the consular official but is NOT eligible for an H (temporary worker), L (intra-company transferee), or immigrant status until the two year home residency requirement has been completed or a waiver is granted.

Waiver of the Residency Requirement

An exchange visitor may request that the two-year home country physical presence requirement be waived only on the following bases:

 Statement from the exchange visitor's home country that it has no objection to the waiver
 Request for a waiver made by an interested U.S. government agency
 Interest of a state agency (only for alien physicians)
 Exceptional hardship to the U.S. citizen or permanent resident spouse or child of the exchange visitor
 Fear of persecution on account of race, religion, or political opinion

Waiver Application Process


 Complete a Waiver Review Application Data Sheet available for download in PDF format.
 Fill out two self-addressed, stamped, legal-size envelopes.
 Fee of $215 in the form of a cashier's check or money order payable to the U.S. Department of State (personal checks are not accepted). The cashier's check or money order must include the applicant's full name, date and country of birth, and Social Security number, if any.
 Mail the above items in a single package to one of the following addresses, depending on whether is being sent via regular mail or via courier or express service:

Postal Service:
U.S. Department of State
Waiver Review Division
P.O. Box 952137
St. Louis, MO 63195-2137

Courier or Express Service:
U.S. Department of State
Waiver Review Division
(Box 952137)
St. Louis, MO 63101-1200

After the fee is collected, the Waiver Review Division will open a file for the applicant, assign a case number, and then send the applicant his or her case number and instructions on how to proceed with the application.

Following the application instructions, once all the required information and documents are assembled, they must be returned to the Waiver Review Division for consideration. Applicants must write the full case number on any documentation they submit, as well as on the outside envelope of all correspondence with the Waiver Office. If the case number is not included on all correspondence and on the outside of the envelope, the documents submitted will be returned. All correspondence and responses concerning the case after receiving a case number are sent to the Waiver Review Division general mailing address:

U.S. Department of State
Visa Services, Waiver Review Division CA/VO/L./W
2401 E Street, NW, (SA-1)
Washington, DC 20533-0106

Please note that the waiver application is the exchange visitor's responsibility.