IMMIGRATION STATUS

Here are various links to detailed information to help you know the many regulations regarding your legal status:

General Information about J-1 Exchange Students/ Scholars

 

A J-1 visa is issued to a participant who can be in one of the following categories: Professor and Research scholar, short-term scholar, Specialist, Student Non-degree, or trainee.

 

Please note that you may not change categories, i. e. from J-1 "Research Scholar" to J-1 "Student" or from "Short Term Scholar" to "Research Scholar." Please also note that your period of stay in the United States is cumulative and that you are restricted to the period of time allowed to your category for the duration of your J-1 program in the United States.

 

"Professor" and "Research" Scholar categories

 

The total stay in the United States for Exchange Visitors in the "Professor" and "Research Scholar" category is limited to five years.

 

"Short-term Scholar" category

 

The total stay in the United States for Exchange Visitors in the "Short Term Scholar" category is currently limited to six months. No extension beyond this time limit is possible.

 

"Specialist" category

 

The total stay in the United States for Exchange Visitors in the "Specialist" category is limited to one year. No extension beyond this time limit is possible.

 

“Student Non-Degree” category

 

Total stay limited to 2 years. No extension beyond this time limit is possible. This category is used for Visiting Researchers.

 

 

Visa Information

 

This section is designed to provide visa information to international scholars who
have been invited to CSUB for studying, teaching, or research as J-1 Exchange
Visitors.

 

To obtain a J-1 visa, an individual must be accepted by a U.S. institution and then issued the Certificate of Eligibility (DS-2019) by the sponsoring agency. The California State University, Bakersfield (CSUB) is authorized to issue the DS-2019 to students who qualify to enter the United States under CSUB’s J-1 exchange program. CSUB also receives students sponsored by other agencies such as ISEP, CSUIP, IREX, and others.

 

The form DS-2019 is your certificate of eligibility for J-1 status at CSUB. These instructions explain the necessary steps.

 

If you are not yet in the United States, Part I will tell you how to enter the country in J-1 status.

 

If you are already in the United States as a J-1 scholar affiliated with another school, and if that school issued your current Form DS-2019, then Part II will tell you how to transfer your J-1 sponsorship from that school to this one. But if you hold J-1 documents from an agency, such as LASPAU or the Fulbright Commission, these instructions do not apply to you, and you should consult that agency's J-1 Responsible Officer (RO) about changing schools.

 

PART I. IF YOU ARE NOT YET IN THE UNITED STATES

 

Visa stamp To enter the United States as a J-1 Exchange Visitor under CSUB's sponsorship, you must have a valid J-1 visa stamp in your passport. Please follow the instructions below:

  1. Once you receive your DS-2019 form, make an appointment with your local US consulate or embassy. You may find a list of US consulates and embassies at
    http://travel.state.gov/travel/tips/embassies/embassies_1214.html. Canadian citizens do not require a visa stamp.
  2. Most initial J-1 visa applications now require pre-payment of a SEVIS fee in addition to the visa fee. For further information please go to
    http://www.stanford.edu/dept/icenter/sevis/sevisfee.html. You may pay the fee on-line at https://www.fmjfee.com
  3. After your appointment with the consulate, you will be issued a J-1 visa stamp in your passport. You may now enter the US as early as 30 days before the "From" date specified in Section 3 of the DS-2019 form.

The Visa Officer may ask you to document funding that does not come directly from the University (with such items as a letter of award or support, a bank statement, proof of income, etc.). If your dependents will be accompanying you, they will need J-2 visas, and you should take their passports with you to the consulate and be prepared to show proof of marriage to your spouse and parenthood of each child.

 

I-94 Departure Record card; Form DS-2019 When you arrive in the United States, an immigration officer will give you these two important documents, which you should keep in your passport. They are your only proof of your J-1 status, and you will need them for such purposes as extending your permission to stay in the United States and reentry to this country after temporary trips abroad during the period of validity of Form DS-2019. You should keep all copies of Form DS-2019 permanently. It is also advisable, after your arrival, to photocopy the identification pages of your passport, your visa stamp, I-94 Departure Record card, and the Form DS-2019 and keep them separately from the originals, for use in applying for replacements if the originals should be lost or stolen.

 

Key Guidelines: It is important to communicate regularly with your advisor regarding any changes in your major or program of study, travel outside the United States or possible transfer to another institution. Also, if you intend to work during your program of study, you will need to contact your advisor for employment authorization.

 

A. ON-Campus Employment BEFORE Graduation On-campus employment is permitted for registered full-time foreign students for no more than twenty hours per week during the regular academic year. Full- time on-campus work is allowed during summer vacation and during breaks between quarters. J-1 students must first obtain approval in writing from your Responsible Officer (RO).

 

B. OFF-Campus Employment BEFORE Graduation Off-campus employment (Academic Training) prior to graduation is available to J-1 visa holders.


Academic training is flexible in its format and offers a variety of employment situations to supplement your academic program in the United States. As long as you stay within the stipulated time limits, it lets you work part-time while classes are in session and full-time, during vacation periods. Academic Training may not exceed the period of full course of study or 18 months, whichever is shorter. Any Academic Training approved before completion of your program will be deducted from your total remaining time of Academic Training.

 

To qualify for Academic Training you must first obtain approval in writing from your sponsor (Responsible Officer). After your proposed employment has been evaluated in terms of your program of study and your individual circumstances, it is then decided whether it would be appropriate or not.

 

C. Off-Campus Employment AFTER Graduation For Academic Training during and after completion of a program the limit is 18 months which includes all Academic Training, whether before or after completion of studies, and the training period may not exceed the amount of time spent in the full course of study. The student must submit a written offer of appropriate employment to the Responsible Officer (RO) within 30 days after the date of graduation, or lose eligibility for Academic Training.

 

D. Employment of Dependents (J-2 visa holders) J-2 visa holders (dependents of J-1 visa holders) may apply to the INS for employment authorization provided that they can demonstrate that their earnings are not needed to support the J-1 visa holder. J-2 visa holders do not need a job offer in order to apply for the Employment Authorization Document.

 

E. Other Issues to Be Considered *If a J-1 student is not able to graduate before the expiration date in section #3 of the DS-2019, he or she must apply through his or her sponsor for a program extension before the expiration date. *The Immigration & Naturalization Service (INS) does NOT allow students (under the same visa sponsor) to change visa types (from F-1 to J-1 or J-1 to F-1) within the United States

 

F. J-1 Insurance requirement As an Exchange Visitor in the United States, under a rule effective September 1, 1994, you must carry health insurance for yourself and your J-2 dependents for the full duration of your J program. Exchange Visitors are
required, as a condition of their J-1 status in the U.S., to carry health insurance for themselves and their accompanying family members in J status. By government regulation, minimum insurance coverage must provide the following:

Failure to comply with the government's health insurance regulation may result in termination of the Exchange Visitor's program.

 

G. Duration of Status (D/S) The Exchange Visitor's permission to stay is defined as "Duration of Status". It appears on the I-94 as D/S and relates to the expected date of program completion (check item #3 on the DS-2019). Exchange Visitor's must file for an extension of program at least one month before this date.

 

H. Length of Stay The student on a J-1 Exchange Visitor visa is admitted to the U.S. for what is called duration of status. The ending date on the Form IAP-66 controls the ending date of authorized stay. All J-1 students must be pursuing a full course of study, be making satisfactory advancement towards the completion of the academic program or be on authorized academic training following their course of study.

 

J-1 students can continue their studies uninterrupted through several degree programs and academic training or post-doctoral training as long as timely notifications of extensions of stay and authorizations for academic training or post-doctoral training have been filed according to regulations.

 

I. The home-country physical-presence requirement The purpose 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. Not all Exchange Visitors are subject to the requirement, which 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. For the terms of the requirement please see item 1 (a) on the back of Form DS-2019.

 

For information about J-1 and J-2 visas, visit the U.S. Department of
State website.