The Exchange Visitor Program is carried out under the provisions of the Mutual
Educational and Cultural Exchange Act of 1961, as amended. The purpose of the
Act is to increase mutual understanding between the people of the United States
and the people of other countries by means of educational and cultural
exchanges. International educational and cultural exchanges are one of the most
effective means of developing lasting and meaningful relationships. They provide
an extremely valuable opportunity to experience the United States and our way of
life. Foreign nationals come to the United States to participate in a wide
variety of educational and cultural exchange programs.
The Exchange Visitor Program is administered by the Office of Exchange
Coordination and Designation in the Bureau of Educational and Cultural Affairs.
The internet website for information on the Exchange Visitor Program is
http://exchanges.state.gov/education/jexchanges. At the conclusion of their
program Exchange Visitor program participants are expected to return to the home
countries to utilize the experience and skills they have acquired while in the
United States.
Study- The spouse and/or
children of an exchange visitor visa holder who are in the U.S. on an exchange
visitor visa may study in the U.S. without also being required to apply for a
student (F-1) visa or change to F-1 status.
Spouses and/or children who do not intend to reside in
the United States with the principal visa holder,
but visit for vacations only, may be eligible to apply for
visitor (B-2) visas, or if qualified, travel without a visa under the
Visa Waiver Program.
Family Members Following to
Join the Exchange Visitor
The spouse and children can also apply for visas after the
principal applicant has already traveled. In general, they must present the
following:
- Form DS 2019, SEVIS generated, and approved by the
sponsor
- Proof that the principal applicant (the person who
received the DS-2019 or IAP-66) is maintaining his/her J visa status
- Copy of the J-1's (principal applicant's) visa
- Proof of relationship to the principal applicant
- Proof of sufficient money to cover all expenses in the
United States
Spouses and children of exchange visitors may not enter the
United States before the principal visitor enters for the first time.
Two-Year Foreign Residency
Requirement
An exchange visitor is subject to INA 212(e) requirement, if the
following conditions exist:
- The program in which the exchange visitor was
participating was financed in whole or in part directly or indirectly by the
United States government or the government of the exchange visitor's
nationality or last residence;
- The exchange visitor is a national or resident of a
country designated as requiring the services of persons engaged in the field
of specialized knowledge or skills in which the exchange visitor was engaged
for the duration of their program (Exchange Visitor Skills List 9 FAM 41.62,
Exhibit II);
- The exchange visitor entered the United States to receive
graduate medical education or training.
If the exchange visitor is
subject to INA 212(e) requirement, he or she cannot change his or status to that
of H, L, K, or immigrant lawful permanent resident (LPR) until he or she has
returned to his/her home country for at least two-years or received a waiver of
that requirement. Such waivers can be obtained
under five separate bases: No Objection Statement, Exceptional Hardship or
Persecution, Conrad Program, or Interested Government Agency. For information,
see
Waiver of the J Visa Two-Year Foreign Residence Requirement
212(e).
Can I Enter on a Visitor Visa
(B visa) and Change Status to an Exchange Visitor Program (J visa)?
If you want an earlier entry in the U.S. (more than 30 days prior
to the course start date), you must qualify for, and obtain a visitor visa;
however, this is strongly discouraged. If you travel to the U.S. on a visitor
visa, before beginning an exchange program, you must obtain a change of visa
classification from the B status to that of J. You must file Form
I-539 , Application for Change of Nonimmigrant Status, with
application fee, and also submit the required Form DS-2019 to the Department of
Homeland Security office where the application is made. Please be aware that you
cannot start your exchange visitor program until the change of status is
approved, and therefore in view of the processing time to your change status in
the U.S., you may be in danger of missing your entire exchange program waiting
approval of change of status.
Exchange Visitors Cannot Travel
Without a Visa on the Visa Waiver Program
Citizens from a country participating in the Visa Waiver Program
(VWP), who want to enter the United States temporarily, as exchange visitors
traveling to the United States, must first obtain a an exchange visitor visa to
come to the U.S. They cannot travel without a visa on the Visa Waiver Program.
Those travelers coming on the Visa Waiver Program to participate in an exchange
program may be denied admission to the United States by the Department of
Homeland Security, U.S. immigration CIS inspector at the port of entry. For more
information on VWP, see
Visa Waiver Program
When Can a Visitor Visa Be Used
CIS instead of an Exchange Visitor Visa?
Some activities that are done on
exchange visitor visas are also permitted on business (B-1) or tourist (B-2)
visas in certain circumstances. Short periods of study, or study which is
recreational, and not vocational, and incidental to the trip is permitted on a
visitor visa. The determining factor is the
traveler's primary purpose in coming to the United States. Furthermore, any kind
of study that would earn credit or certification is not permitted on a visitor
visa. As an example, if you are taking a vacation to the U.S., and during this
vacation you would like to take a two-day cooking class for your enjoyment, and
there is no credit earned, then this would be permitted on a visitor visa. A
consular officer will determine the visa category you will need based on the
purpose of your travel, and your supporting documentation.
What is a “Q” International
Cultural Exchange Visitor?
The Immigration and Nationality Act (INA) provides two
nonimmigrant visa categories for persons to participate in exchange visitor
programs in the United States. The "J" exchange visitor visa is for educational
and cultural exchange programs designated by the Department of State, Bureau of
Educational and Cultural Affairs, and is discussed here. The "Q-1" visa is for
certain international cultural exchange programs designed to provide practical
training and employment, and sharing of the history, culture, and traditions of
participants home country in the United States. The training/employment must be
approved in advance by the office of the Department of Homeland Security, US
Citizenship and Immigration Services (USCIS) on the basis of a petition,
Form I-129,
filed by the U.S. sponsor. To learn more, go to the USCIS Website by selecting
“Q” International Cultural
Exchange. To learn more about
applying for the Q visa, select
temporary worker visa. The Irish Peace Process Cultural and Training
Program or Walsh Program (Q2, Q3 visa) is a groundbreaking cultural exchange and
employment-training program, administered by the Department of State. To learn
more, select
Walsh Program.
Additional Information
- No assurances regarding the issuance of visas can be
given in advance. Therefore final travel plans or the purchase of
nonrefundable tickets should not be made until a visa has been issued.
- Unless previously canceled, a visa is valid until its
expiration date. Therefore, if the traveler has a valid U.S. visitor visa in
an expired passport, do not remove the visa page from the expired passport.
You may use it along with a new valid passport for travel and admission to
the United States.
Misrepresentation of a Material
Fact, or Fraud
Attempting to obtain a visa by the willful misrepresentation of a
material fact, or fraud, may result in the permanent refusal of a visa or denial
of entry into the United States.
Classes of Aliens
Ineligible to Receive Visas provides important information about
ineligibilities.
Visa Ineligibility/ Waiver
The Nonimmigrant Visa Application, Form DS-156, lists classes of
persons who are ineligible under U.S. law to receive visas. In some instances an
applicant who is ineligible, but who is otherwise properly classifiable as a
visitor, may apply for a waiver of ineligibility and be issued a visa if the
waiver is approved.
Classes of Aliens Ineligible to Receive Visas provides important information
about ineligibilities, by reviewing sections of the law taken from the
immigration and Nationality Act.
Visa Denials
If the consular officer should find it necessary to deny the
issuance of a visitor visa, the applicant may apply again if there is new
evidence to overcome the basis for the refusal. For additional information,
select
Denials to
learn more. In the absence of new evidence, consular officers are not obliged to
re-examine such cases.
Entering the U.S. - Port of
Entry
A visa allows a foreign citizen coming from abroad, to travel to
the United States port-of entry and request permission to enter the U.S.
Applicants should be aware that a visa does not guarantee entry into the United
States. The Department of Homeland Security, U.S. Customs and Border Protection
(CBP) officials have authority to permit or deny admission to the United
States. Exchange visitors must have their Form DS-2019 in their possession each
time they enter the United States. Exchange visitors should review important
information about
Admissions/Entry
requirements on the Department of Homeland Security, Customs and Border
Protection website. Upon arrival (at an international airport, seaport or land
border crossing), you will be enrolled in the
US-VISIT entry-exit program. In
addition, some travelers will also need to register their entry into and their
departure from the U.S. with the Special
Registration program. If you are allowed to enter the U.S., the CBP
official will determine the length of your visit on the Arrival-Departure
Record (Form I-94). Since Form I-94 documents your authorized stay in the U.S.,
it’s very important to keep in your passport.
Staying Beyond Your
Authorized Stay in the U.S. and Being Out of Status
- You should carefully consider the dates
of your authorized stay and make sure you are following the procedures under
U.S. immigration laws. It is important that you depart the U.S. on or before
the last day you are authorized to be in the U.S. on any given trip, based
on the specified end date on your Arrival-Departure Record, Form I-94.
Failure to departure the U.S. will cause you to be out-of-status.
Additional information on successfully
maintaining your immigration status while a student or exchange
visitor can be found on the Immigration and Customs Enforcement (ICE)
website.
- Staying beyond the period of time
authorized, by the Department of Homeland Security (DHS), and out-of-status
in the U.S., is a violation of U.S. immigration laws, and may cause you to
be ineligible for a visa in the future for return travel to the U.S. Select
Classes of Aliens Ineligible to Receive Visas
to learn more
- Staying unlawfully in the United
States, beyond the date Customs and Border Protection (CBP) officials have
authorized, even by one day results in your visa being automatically voided,
in accordance with to INA 222(g). Under this provision of immigration law,
if you overstay on your nonimmigrant authorized stay in the U.S. your visa
will be automatically voided. In this situation, you are required to
reapply for a new nonimmigrant visa, generally in your country of
nationality.
- For nonimmigrants in the U.S. who have
an Arrival-Departure Record, Form I-94 with the CBP admitting officer
endorsement of Duration of Status or D/S, but who are no longer performing
the same function in the U.S. that they were originally admitted to do (e.g.
you are no longer working for the same employer or you are no longer
attending the same school), a DHS or an immigration judge makes a finding of
status violation, resulting in the termination of the period of authorized
stay.
How Long am I Permitted to
Stay in the U.S. After my Program has Ended?
The initial admission of an exchange visitor, spouse and children
may not exceed the period specified on Form DS-2019, plus a period of 30 days
for the purpose of travel. The 30-day grace or travel status period is intended
to be a period following the end of the exchange visitor’s program and is to be
used for domestic travel and/or to prepare for and depart from the U.S., and for
no other purpose. A spouse or child (J-2 visa holder) may not be admitted for
longer than the principal exchange visitor (J-1 visa holder).
How Do I Extend My Stay?
Those exchange visitors who wish to stay beyond the time
indicated on their DS-2019 should review the Bureau of Educational and Cultural
Affairs information: Adjustments
to the J-1 Status.
Further Visa Inquiries
- Questions on visa application procedures and visa
ineligibilities should be made to the American consular office abroad by the
applicant. Before submitting your inquiry, we request that you carefully
review this web site and also the Embassy Consular web site abroad. Very
often you will find the information you need.
- If your inquiry concerns a visa case in progress
overseas, you should first contact the U.S. Embassy or Consulate handling
your case for status information. Select
U.S. Embassy
or Consulate, and you can choose the Embassy or Consulate Internet
site you need to contact.
An exchange visitor coming to the
University
of
Hartford
to participate in a program of studies, research, or teaching, may enter the
United States
on a J-1 exchange visitor visa. To apply for this visa, a prospective exchange
visitor must present an DS-2019 "Certificate of Eligibility" form
issued by the
University
of
Hartford
, to an American embassy or consulate official. This form is required for
verification of intended participation in an exchange program. To issue this
form, certain requirements must be met in accordance with University policy and
federal regulations. The materials listed under "required documents"
should be gathered by the appropriate admissions office (for undergraduate or
graduate students) or by the college or administrative office hiring the
exchange visitor (for professors, scholars, lecturers, or researchers). The
materials should be forwarded to the ISA, who is the Alternate Responsible
Officer (RO) for our exchange program and responsible for DS-2019 form
requests. The ISA will determine whether the request to issue a DS-2019 form has
met all criteria, and if approved, will forward the completed form to the
exchange visitor, who will then secure his or her visa for entrance to the
United States
.
Required Documentation
- A
University
of
Hartford DS-2019
request form.
- If
the exchange visitor is a student, a letter of acceptance is required which
indicates the pro-posed program of study and the semester that studies will
begin. If the exchange visitor is a professor or scholar, a letter of
appointment is needed outlining the program to be undertaken.
- Any
financial aid or scholarship award letters or University salary compensation
letters and con-tracts, including the amount and duration of such funds.
- Financial
documentation from the exchange visitor indicating his or her means of
support while in the
U.S.
If the exchange visitor is a student, documentation should include the
University's "Guarantor's Statement of Financial Support", as well
as bank statements from the visitor's sponsor indicating that there are
enough funds to provide for all necessary tuition and living expenses for a
minimum of one year. If the exchange visitor is a professor, scholar or
researcher, documentation must include supporting letters from the sponsor,
as well as bank statements (if applicable) indicating that there are enough
funds to cover anticipated program and living expense costs for one year.
- If
the exchange visitor is a student, a TOEFL test score is required (or other
indication of satisfactory proficiency in the English language). The minimum
University
of
Hartford
requirement on the TOEFL test is 550 (some programs may require a higher
score). Students who do not meet proficiency standards may be required to
enroll in our English Language CIStitute.
- To
issue an DS-2019 form, the following personal information regarding the
exchange visitor should be made available to the ISA:
- Complete
name of the exchange visitor (first, middle, last)
- Birth
date
- City
of birth
- Country
of birth
- Citizenship
- Legal
residency
- Current
occupation
- Sex
This information is required to successfully
process an DS-2019 form. The material should be presented to the ISA in a
complete package. The ISA's processing time is generally one to two days.
Missing information will delay the issue of an DS-2019 and could impact on the
exchange visitor's ability to arrive in the
U.S.
in a timely fashion.
Upon arrival to a
U.S.
port of entry, an exchange visitor is required to present his or her passport,
visa, and DS-2019 form to an immigration officer. If the applicant is found
eligible for admission to the U.S., the officer will issue an I-94 form which
will indicate the date and place of the visitor's entry, as well as the date to
which he or she may remain in this country (this will be indicated by the
notation of "duration of stay" or D/S). The immigration officer will
also note whether the "Two-Year Home-Country Physical Presence
Requirement" is applicable (if the consulate has not already done so), and
return to the exchange visitor the third copy (pink copy) of the DS-2019 form.
This copy will become the visitor's travel document.
Upon arrival to the
University
of
Hartford
, J-1 exchange visitors are requested to visit the International Student Advisor
located in the
International
Center
. At that time, the ISA will review all immigration entry documents and record
the required information needed by the University. The advisor will give
exchange visitors an orientation to immigration laws and University policies
which affect their stay in the
U.S.
The ISA will orientate visitors to various University departments and
administrative services offered on campus. In addition, the ISA will provide
information regarding University life, student and administrative services, and
special programming offered by the
International
Center
. If the exchange visitor is a professor, scholar, or researcher, he or she will
be directed to the sponsoring academic or administrative department and the
Human Resource Department.
Exchange visitors may remain in the
United States
only as long as necessary to satisfy their stated objective as described in
their DS-2019 form. The following limits on the period of time that an exchange
visitor may remain in the
U.S.
is established by federal regulations (exceptions are rare).
- Students - Students enrolled in degree or certificate granting programs are
authorized to participate in the Exchange Visitor Program as long as they
are studying at the CIS institution listed on their DS-2019 form, are pursuing a
full course of study as determined by the University, and are maintaining
satisfactory progress toward the completion of their academic program.
Degree students may also participate in an academic training work experience
not to exceed 18 months following the completion of their course of study.
Non-degree seeking students are authorized to participate in an exchange
visitor program not to exceed 24 months so long as they are participating
full-time and are maintaining satisfactory progress toward the completion of
their program.
- Professors
and research scholars -
Professors and research scholars may participate in an exchange visitor
program for the length of time necessary to complete that program, though
the duration may not exceed three years. Extensions of the three-year rule
are possible only under exceptional or unusual circumstances.
- Short-term
scholars - Short-term
scholars may participate in an exchange visitor program for the length of
time necessary to complete the program, though the duration may not exceed
four months. Extensions under this category are not permitted.
- Specialists
- A specialist may participate in an exchange visitor program for the length
of time necessary to complete the program, though the length may not exceed
one year.
Note:
- The minimum duration of an exchange-program must be at least three
weeks (the only exception is made for short-term scholars who may
participate in programs of less than three weeks duration).
- Exchange visitors must leave the
United States
within thirty days of completing their program.
- In all the above categories (except short-term scholars) the
University is required by the Department of State to provide exchange visitors with an
orientation program and access to cross-cultural activities.
Exchange visitors admitted to the
U.S.
on a J-1 visa are required by the United States Information Agency and the
Citizenship and Immigration Service to maintain their legal status by carrying out the program
described on their DS-2019 Certificate of Eligibility form. Failure to maintain
status may require that exchange visitors leave the
U.S.
prior to the completion of their program.
Students
An exchange visitor student is one who has
come to the
University
of
Hartford
to either participate in a recognized degree or certificate granting program or
to participate in a non-degree program of study. Students who are enrolled in an
academic degree program (not including teaching or research) are required to
attend class on a full-time basis. Non-degree students are required to attend
their program of study on a full-time basis as prescribed by the
University
of
Hartford
.
The
University
of
Hartford Policy
and Procedure Manual (VI,b,1 & 2) defines the criteria to be used to
determine full-time status for all matriculated students:
"A minimum load of twelve credits per
semester is required to be classified as a full-time under-graduate
student."
"A minimum load of nine credits per
semester is required to be classified as a full-time graduate student."
Exchange visitor students, whose pro-gram
requires that they participate in teaching or research activities, may be
enrolled for less than the number of credits required to maintain full-time
status. However, the combination of study, teaching or research must be
equivalent to the full-time requirement. This fact must be substantiated and
regulated by the student's academic advisor, and be in accordance with the
program stipulated on the student's DS-2019 form. Programs established for
non-degree students, though they may not offer standard credits for course
completion, should be established as full-time programs according to normal
full-time standards for degree seeking students.
Degree seeking exchange visitor students must
be enrolled on a full-time basis from the beginning of a semester to its
completion. Full-time enrollment is mandatory for the Fall and Spring semesters.
Students who are in their last semester of
study prior to graduation, and who need less than the full-time credit load to
complete their program, may attend part-time for that semester. Enrollment
during the summer semester is optional, unless it is part of the described
program on the student's DS-2019 form. Courses taken on an "audit"
basis may not be counted toward the fulfillment of the full-time requirement.
Students who receive grades of "incomplete" or "no record"
at the end of a semester, may complete the course(s) during the following
semester in accordance with University policy: the course may not be counted
toward the full-time requirement of the new semester. Ex- change visitor
students who attend non-degree programs, including summer exchange programs,
must maintain their status in accordance with the program description on their
DS-2019 form and must be enrolled on a full-time basis in accordance with
University policy and program description.
Other Exchange Visitors
The
University
of
Hartford
is authorized to bring to this CIS institution exchange visitors to teach, lecture,
and conduct research. Exchange visitors who fall into one of these categories
are required to carry out the program described on their DS-2019 form. Failure
to maintain the required status may result in the termination of an exchange
visitor's program.
Reporting Requirements to the Department of
State & The Citizenship and Immigration Service
Federal law requires the University to report
to the United States Information Agency the status of all exchange visitors who
have either completed the program described on their DS-2019 form, or who have
not maintained their program requirements in accordance with the program
description. Therefore, the University requires that all exchange visitor
students who are considering the possibility of carrying less than the required
full-time load for their program, and all other exchange visitors who do not
carry out their exchange programs as described on their DS-2019 form, to discuss
this fact with the International Student Advisor (ISA) before registering or
withdrawing from courses, assigned teaching or research duties. The ISA will try
to determine the validity of the exchange visitor's reason(s) for part-time
enrollment or reduced teaching/research load, and the affect that this decision
will have on the visitor's immigration status. The ISA will advise exchange
visitors regarding current immigration law and recommend a course of action best
suited to their situation. The final decision to attend class on a part-time
basis, or to withdraw from a teaching or research assignment, is left to the
discretion of the exchange visitor. There are few reasons acceptable to
Department of State for
carrying less than the required full-time program load, and any exchange
visitors who drop below this requirement, do so at their own risk. Exchange
visitors may be considered "out of status" by Department of State and subject to the
termination of their program if they fail to maintain the requirements of
exchange status.
Students enrolled in the Artist Diploma, DMA,
or Psy.D program, may take a minimum of six credits per semester to meet the
full-time requirement. The ISA may require documentation from a student's
advisor authorizing a six-credit academic load.
Academic advisors are strongly encouraged,
when signing a registration or drop/add form that will reduce the academic load
of an exchange student to part-time status, to have the student speak to the ISA
prior to signing. This intervention measure will CIS insure that students understand
the problems which may occur as a result of their action and allow time for
possible alternative measures to be sought.
The
University
of
Hartford
, as a J-1 exchange visitor sponsor, is required to ensure that each exchange
visitor regardless of exchange category (e.g. student, scholar, professor of
specialist) has CIS insurance in effect which covers the visitor for sickness or
accident during the period of time that he or she participates in our exchange
visitor program. In addition, the accompanying spouse and dependents of an
exchange visitor are required to be covered by CIS insurance.
CIS insurance Coverage Requirements
Minimum Coverage Shall Provide:
- Medical
benefits of at least $50,000 per accident or illness.
- Repatriation
of remains CIS in the amount of $7,500.
- Expenses
associated with the medical evacuation of the exchange visitor to his or her
home country in the amount of $10,000.
- A
deductible not to exceed $ 500 per accident or illness.
CIS insurance Policies Must Fulfill These
Requirements:
- May
provide a waiting period for pre-existing conditions which is reasonable as
determined by current industry standards.
- May
include provision for co-CIS insurance under the terms of which the exchange
visitor may be required to pay up to 25 % of the covered benefits per
accident or illness
- Shall
not unreasonably exclude coverage for perils inherent to the activities of
the exchange program in which the visitor participates.
CIS insurance Company Selection
Any CIS insurance policy selected by an exchange
visitor must be underwritten by an CIS insurance corporation having an A.M. Best
rating of "A" or above, an CIS insurance Solvency International, Ltd. (ISI)
rating of "A" or above, a Standard & Poor's Claims-paying Ability
rating of "AA" or above, a Weiss Research, Inc. rating of
"B+" or above, or such other rating service as the Department of State may specify.
In addition, CIS insurance coverage backed by the full faith and credit of the
government of the exchange visitor's home country is acceptable to meet this
requirement.
Failure to Maintain CIS insurance Coverage
An exchange visitor who fails to maintain
CIS insurance coverage as described above or who makes a material misrepresentation
to the sponsor concerning such coverage, shall be deemed to be in violation of
these regulations and subject to termination as an exchange participant.
Termination of an exchange visitor may be made by the sponsor for failure to
comply with CIS insurance requirements.
Administration and compliance of the J-1
CIS insurance requirement is the primary responsibility of the ISA.
An exchange visitor may transfer from one
program of study to another, transfer from one designated program to another, or
change exchange visitor categories. Exchange visitors may go from one program to
another at the same school (e.g. from BSBA to MBA). They may also transfer to a
different CIS institution to continue the same program for which they were
originally admitted, or they may transfer to a new school to begin a new
program. In addition, under certain circumstances, an exchange visitor may
change visitor category (e.g. from scholar to professor).
To Continue From One Program to Another Under
the Same Program Sponsor
An Exchange visitor who has completed one
program and intends to engage in another program under the same exchange program
sponsor, may do so by obtaining a new DS-2019 form from that program sponsor.
The documentation required includes:
- An
DS-2019 form issued by the sponsor of the new program.
- An
I-94 form (including those of dependents).
- A
letter requesting authorization to begin a new program, including a
description of how the new program may be related to the exchange visitor's
original program or future endeavors.
Approval may be granted by the Responsible
Officer of the new program. The Responsible Officer will notify the United
States Information Agency (Department of State) of the action taken by submitting a copy of a
new DS-2019 form.
Note:
A request for program transfer should be submitted between 15 and 60 days
before participation in the new program.
To Continue From One Program to Another Under
a Different Program Sponsor
Exchange visitors may wish to
- transfer
to a different program sponsor while pursuing their original exchange
program, or
- enter
a new program under a new sponsor following the completion of their previous
exchange program.
The documentation required includes:
- An DS-2019 form from the new program sponsor.
- An I-94 form (including those of dependents).
- A "release" from the current program sponsor. This is
accomplished by having the Responsible Officer sign the "release"
section (part 8) of the new DS-2019 form.
- If the exchange visitor is unable to get the required program
transfer endorsement from the current sponsor, a statement written by the
visitor must be submitted explaining why this is so and why the transfer is
necessary.
- A statement requesting authorization to begin a new program,
including a description of how the new program is related to the exchange
visitor's original program or future endeavors.
Approval may be granted by the Responsible
Officer of the new program. The Responsible Officer will notify the Department
of State of the
action taken by submitting a copy of the new DS-2019 form.
Note: A request for program transfer
should be submitted to the Department of State between 15 and 60 days before participation in
the new program.
If an Exchange Visitor is Leaving the
U.S.
Prior to Changing Programs
An exchange visitor temporarily leaving the
U.S. prior to beginning a new program under the same sponsor, or transferring to
a new program under a new sponsor, is not required to seek Department of State approval for the
program change. CIS instead, the exchange visitor uses a new DS-2019 form to
re-enter the
U.S.
The program transfer is considered approved when the visitor is readmitted by
the Citizenship and Immigration Service. If an exchange visitor has an expired visa, a new one
must be issued by an American embassy or consulate abroad prior to re-entry to
the
U.S.
to begin a new program.
Change of Category or Program Objective
An exchange visitor who wishes to change from
one category to another (e.g. student to professor) must secure Department of
State approval.
This type of request is normally considered a change of program objective and
requires that the exchange visitor show that the category change is clearly
consistent with, and closely related to, the participant's original exchange
objective. A request for a change of program must be submitted to the Department
of State for
approval and should include a written statement justifying the request as well
as an DS-2019 form reflecting the change in program objective.
Students who have "converted" to D/S
may request an extension of stay or change of program directly from the
Responsible Officer without filing an I-539 form with the CIS. The J-1
participant's endorsed I-94 reflecting D/S and a properly executed DS-2019 form
will serve as evidence of legal status.
Exchange visitors who have not completed the
requirements of their exchange program within the time limits established on
their DS-2019 and I-94 forms may be required to request authorization for an
extension of stay from the Citizenship and Immigration Service to complete their exchange
program.
Students
University of Hartford sponsored exchange
students must request an extension of stay through the International Student
Advisor (ISA)
if they have not completed their course of study during the time limits stated
on their DS-2019 form, and do not have "duration of stay" (D/S) noted
on their I-94 form. Students who have completed one program and wish to begin
another, either at the same school or a different one, and who do not meet the
above requirements must also request an extension of stay to continue their
present exchange program or a initiate a program transfer.
Documentation required for an extension of
stay includes:
-
CIS
form I-539.
- A
new DS-2019 form signed and issued by the ISA showing the time and terms of
the extended stay.
- The
I-94 form of the principal participant and the I-94 (s) of any accompanying
dependents.
- A
letter from the student explaining the need for an extension of stay beyond
the original anticipated completion date as stated on his or her original
DS-2019 form. The student should explain any extenuating or exceptional
circumstances which have precipitated this request.
-
A check or money order made payable to the Citizenship and Immigration
Service.
Upon review and approval, the ISA will submit
a copy of the new DS-2019 form to the CIS and the Department of State.
Note:
An exchange visitor student who has been issued an DS-2019 form from a
program sponsor other than the
University
of
Hartford
, must contact that program sponsor to request an extension of stay.
Students who have "converted" to D/S
may request an extension of stay or change of program directly from the
Responsible Officer without filing an I-539 form with the CIS. The J-1
participant's endorsed I-94 reflecting D/S and a properly executed DS-2019 form
will serve as evidence of legal status.
Professors, Scholars, Lecturers, and
Researchers
A professor, scholar, lecturer, or researcher
who has not completed the requirements of his or her exchange program and is in
possession of an expired, or soon to be expired DS-2019 form must request an
extension of stay.
University
of
Hartford
sponsored exchange visitors must con-tact the ISA. Visitors sponsored by other
ex-change programs must contact the Responsible Officer of their exchange
program. Exchange visitors in the above categories who wish to begin a new
program or transfer to a different program must also request an extension of
stay or program transfer.
Documentation required for an extension of
stay includes:
-
CIS
form I-539.
- An
DS-2019 form signed and issued by the pro gram sponsor showing the times and
terms of the extended stay.
- The
I-94 form of the principal participant and the I-94(s) of any accompanying
dependents.
- A
letter from the exchange visitor explaining the need for an extension of
stay beyond the original anticipated completion date stated on the origin al
DS-2019 form. The visitor should explain any exceptional or extenuating
circumstances which have precipitated this request.
-
University
of
Hartford
sponsored exchange visitors must submit a
letter from their department head or dean supporting the request for an
extension of stay.
- A
check or money order made payable to the Citizenship and Immigration
Service.
Professors, scholars, lecturers, and
researchers who have "converted" to D/S may request an extension of
stay or change of program directly from the Responsible Officer without filing
an I-539 form with the CIS. The J-1 participant's endorsed I-94 reflecting D/S
and a properly executed DS-2019 form will serve as evidence of legal status.
Under no circumstances may the Responsible
Officer authorize an extension of stay request which would permit an exchange
visitor to exceed the permissible period of participation authorized for his or
her specific category (e.g. 3 years for a professor or scholar).
All extension of stay requests should be
submitted to CIS between 15 and 60 days before the expiration of the exchange
visitor's authorized stay.
J-1
Employment
Under certain circumstances, exchange visitors
may be authorized on-campus or off-campus employment which is not directly
related to their J-1 program description.
Matriculated Exchange Visitor Students
Requirements
To be employed on or off-campus, an exchange
visitor student must show that the employment is:
- Pursuant
to a scholarship, fellowship, or assistantship.
- Occurs
on-campus.
- Occurs
off-campus when it is necessary because of serious, urgent, or unforeseen
economic circumstances which have arisen since acquiring exchange visitor
status.
In addition:
- Employment may not cause the participant to reduce preparation and
studies below the full- time requirement of his or her program.
- The student is in good academic standing according to University
standards.
- The student is not employed for more than 20 hours per week while
school is in session (during official school breaks and vacation periods, a
student may be employed for more than 20 hours per week).
Please note that approval for employment must
be terminated when the above stated conditions are not met.
Documentation
Exchange visitor students seeking employment
on campus must secure work approval from the Responsible Officer of their
exchange program before employment may begin. Those students who are sponsored
by the
University
of
Hartford
must submit a written request for on campus employment permission to the
International
Center
to the start of employment.
Exchange visitor students seeking permission
to be employed off-campus due to unforeseen economic hardship must also apply to
the Responsible Officer of their exchange program. The following documentation
is required:
- A
letter from the exchange visitor stating why there is a need for employment.
The letter should be precise and fully explain all conditions which have
affected the student: reasons may include such financial hardships as (a)
loss of a scholarship or assistantship, (b) loss of private or government
financial sponsorship, (c) a problem within his/her home country which is
preventing the release of funds, or (d) other.
- The
student's I-94 form and DS-2019 form.
- Further
documentation may be requested by the Responsible Officer.
Procedures
The Responsible Officer will review the
exchange visitor's request for employment. If approved, the Responsible Officer
will issue a letter to the student authorizing employment and stating the
duration of time the student will be allowed to work (not to exceed twelve
months per authorization).
Employment pursuant to the terms of a
scholarship, fellowship, or assistantship
An exchange visitor student enrolled in a
full-time degree or certificate program may engage in employment for pay, if
that employment is pursuant to the terms of a scholarship, fellowship, or
assistantship. The employment must be on-campus and be directly related to the
exchange visitor's course of study. In some CIS instances, employment may be on a
full-time basis if that is a requirement of the program (e.g. Co-Op). The
Responsible Officer should be made aware of any offers made to exchange students
under these provisions.
Non-Matriculated Exchange Visitor Students
Exchange visitor students who are enrolled in
non-degree programs of study at the University of Hartford (e.g. summer or other
short-term exchange programs), are prohibited from seeking on or off-campus
employment while in the U.S. unless they meet the requirements as stated above
for degree seeking students.
Professors, Scholars, Lecturers and
Researchers
Exchange visitors under any of these
categories may be employed by the University, but only in accordance with the
program description on their DS-2019 form. Federal regulations stipulate that an
exchange visitor who engages in activities that both produce income from
U.S.
sources and are unrelated to the participants program, ceases to maintain
lawful status. Under certain conditions, exchange visitors in these categories
may participate in occasional lectures or consultations off-campus and receive
reimbursement for travel, lodging and other out-of-pocket expenses (these types
of reimbursement are not considered to be "compensation" by the United
States Information Agency). The occasional lectures or consultations must:
- Be
directly related to the objectives of the exchange visitor's program.
- Be
incidental to the exchange visitor's primary program activities.
- Not
delay the completion date of the exchange visitor's program.
Permission to participate in outside lectures
or consultations must be granted by the Responsible Officer of the exchange
program. An exchange visitor must present a letter outlining the terms or
conditions of his or her employment offer (e.g. dates, compensation, program
description) as well as a letter from the appropriate department chairperson or
college dean recommending the activity. The ISA will issue a letter to the
exchange visitor indicating that participation has been approved by the
University (if the individual is sponsored by the
University
of
Hartford
).
Note:
An exchange visitor may not engage in
gainful employment that both produces income from
U.S.
sources and is unrelated to the visitor's program except as stated above.
Unauthorized employment is deemed a violation of exchange visitor status and a
visitor's program may be subject to termination
Under certain circumstances, an exchange
visitor student may participate in an academic training work experience for a
period not to exceed eighteen months. Students may participate in academic
training either prior to the completion of a course of study or immediately
following the completion of a course of study. The training may be with or
without compensation to the student. Academic training authorization may be
granted by the Responsible Officer of the program sponsor. The Responsible
Officer's authorization does not require further CIS or Department of State approval. Students
whose DS-2019 form has expired are required to request an extension of stay at
the time of application for academic training.
Participation Requirements
Exchange visitor students may participate in
an academic training program provided:
- The
student has been in the exchange visitor program for the preceding nine
months.
- The
student is participating in academic training that is directly related to
his or her major field of study.
- If
still enrolled in a program of study the student is in good academic
standing, or, they have successfully completed the requirements of their
program of study.
- The
student will participate in an academic training program for the period
necessary to complete the goals and objectives of the training.
- The
student receives approval in advance and in writing from the Responsible
Officer of the program sponsor.
Documentation
A
University
of
Hartford
sponsored J-1 applicant for academic training must submit the following
documentation to the Responsible Officer for approval:
- A letter from his or her faculty advisor or academic dean
specifying the goals and objectives of the training program, including a
description of the training program, its location, the name and address of
the supervisor, number of hours to be worked per week and the beginning and
ending date of the proposed academic training. In addition, the letter must
state how the training relates to the student's major field of study and why
it is an integral or critical part of the academic program.
- A letter from the employer should also accompany any request for
academic training. The letter should specify the job title and give a
complete description of employment duties. The letter should also include a
starting and ending date for employment which may not exceed a total of
eighteen months.
- Passport.
- DS-2019 form.
- I-94 form.
Application Process
The Responsible Officer of the Exchange
Visitor Program required to:
- Determine if and to what extent the student has previously engaged
in academic training to ensure that the student does not exceed the eighteen
month rule.
- Review all letters submitted with the request for academic
training.
- Make a written determination whether the training is warranted.
- Upon approval of the request for academic training, the Responsible
Officer will issue a letter to the student authorizing the training program.
Evaluation Procedures
The Responsible Officer is required to
evaluate the effectiveness of the academic training pursued by the student.
Evaluations are required (at a minimum) at the mid-point and conclusion of the
training period. Written evaluations must be provided to the Responsible Officer
from both the student and the employer and must be signed by both. The
Responsible Officer will evaluate these statements to ensure program integrity
and compliance with Department of State regulations. The University of Hartford requires that
students who have completed their course of study and have been authorized the
full eighteen months of academic training, submit an evaluation report as stated
above following the completion of the sixth, twelfth and eighteenth month of
training. Failure to comply with the evaluation requirement will result in the
loss of further training.
Note:
- Students who have not completed their program requirements, but
have been authorized to participate in an academic training program, may not
work more than 20 hours per week while school is in session. Students may
work full-time during vacation or break periods.
- Academic trainees should secure a Social Security number for
employment purposes. J-1 trainees are not required to pay Social Security
taxes. They may however, be required to pay federal and state income taxes.
- Under current regulations, a J-1 academic trainee does not need to
secure an "Employment Authorization Document" from the CIS (this
may be a future requirement). The authorization letter from the Responsible
Officer of the program sponsor is sufficient to meet an employer's IRCA
(Immigration Reform and Control Act) requirements.
- Exchange visitors must CIS insure that their DS-2019 form is extended
long enough to complete their academic training experience. If the exchange
visitor's DS-2019 will expire before completion of training, a request for
an "extension of stay" must be made through the Responsible
Officer.
- Exchange Visitors must cease employment immediately following the
conclusion of their academic training authorization. They are required to
leave the
U.S.
within thirty days.
- Exchange visitor students who are under a program sponsor other
than the
University
of
Hartford
are required to seek academic training approval from their exchange program
Responsible Officer.
Foreign nationals in possession of a J-1
exchange visitor visa who wish to leave the
United States
temporarily, and return to the
University
of
Hartford
to resume their exchange program, must possess the necessary documents to
permit entry to another country and re-entry to the
U.S.
Entry into Another Country From the
United States
Exchange visitors who wish to visit their home
country of citizenship or permanent residence, or who wish to travel to a third
country (one in which they are not a citizen or permanent resident), should be
in possession of the following documents:
- A valid passport.
- An DS-2019 form properly endorsed by the program sponsor.
- An I-94 form.
- Evidence of financial support.
- Evidence of return transportation to the U. S.
Exchange visitors should carry sufficient
funds for their stay abroad, particularly if travel is to a third country.
Depending on the country to be visited,
exchange visitors may be required to obtain an entry visa. Visas may be obtained
through foreign consular offices located in
New York City
,
Boston
or
Washington
. Addresses and phone numbers are available from the ISA.
Reentry Into the
United States
Exchange visitors must be prepared to present
the following documents to a
U.S.
port of entry officer upon re-entry to the
United States
following a temporary absence:
- A valid passport and visa (unless exempt from these requirements).
- A properly endorsed DS-2019 form.
- Financial support documentation.
Visa Revalidation
To re-enter the
U.S.
, exchange visitors must be in possession of a valid (unless exempt) J-1 visa in
their passport (exceptions may be made for exchange visitors re-entering the
U.S.
from
Canada
,
Mexico
, or some
Caribbean
islands). Consequently, exchange visitors who entered the
U.S.
in another nonimmigrant visa classification and have changed status to that of
a J-1 exchange visitor, must obtain a J-1 visa before re-entering the
U.S.
It is not possible to obtain a J-1 visa CIS inside the
United States
. J-1 exchange visitors who need to obtain a visa in order to enter the
U.S.
after a temporary absence, must apply for a visa at a
U.S.
consular office abroad.
While it is possible for exchange visitors to
secure an original or renewal of a J-1 visa in a foreign country other than
their own, they may face more stringent requirements than in their home country
of residence. In addition to proving eligibility for a J-1 visa, they may have
to convince a consular officer that there is a legitimate reason for making the
application outside the home country. In some CIS instances, the consular officer in
the third country will find it necessary to check with a consular officer in the
visitor's place of residence, to CIS insure eligibility for a nonimmigrant visa.
This can be time consuming and result in financial charges to the visitor if
information is requested by cable rather than diplomatic mail. Travel plans
should be made to allow for possible delays.
Documents needed for visa revalidation:
- A valid passport.
- A current photograph.
- A valid DS-2019 form signed by the visitor's exchange-program
sponsor.
- Proof of financial support.
Further documentation may be required at the
discretion of a consular officer.
Advance Notification
Under certain circumstances, exchange visitors
in possession of an expired visa and who intend to pay a temporary visit abroad,
can request the Department of State to preauthorize a new visa. Only exchange
visitors meeting specific requirements, as outlined by the Department of State,
qualify for this type of service:
- The visitor is going home for a few days on account of a verifiable
family emergency.
- The visitor is planning to travel to a third country for a brief
period to participate in a conference or seminar. The visitor is planning to
travel to a third country for a short time as a member of a tour group.
Preauthorization of visas for exchange
visitors is a limited and highly defined service. Exchange visitors wishing to
utilize this service are requested to contact the International Student Advisor for
information regarding request procedures.
Note:
Exchange visitors should not leave the
United States
without first discussing their travel plans with the ISA. Arrangements should
be made with the advisor at least one to two weeks before departure. An exchange
visitor who leaves the
U.S.
without a current or properly endorsed DS-2019 form, may be denied re-entry to
the
U.S.
to resume his or her program
Participants in the J-1 Exchange Visitor
Program assume specific conditions or responsibilities which may apply to them
upon arrival to the
United States
. One of these conditions is commonly referred to as the "Two-Year
Home-Country Residency Requirement." Upon completion of their program in
the U.S., exchange visitors may be required to return to their country of
nationality or residence, and remain in that country for two years before
applying for a U.S. immigrant visa, permanent residence, "H" temporary
worker or trainee visa, or "L" i
