This information is for the use of Exchange Visitors in the J-1 student category at the University of New Hampshire . After reading this information, you should have a basic understanding of the important rights or benefits you have in relation to U.S. immigration regulations. You should also have an understanding of your responsibilities for maintaining your lawful immigration status as an Exchange Visitor. You will not, however, have an understanding of the actual procedures which must be followed in order to apply for certain benefits. Consultation with, and assistance from, your Program Sponsor (defined below) and the staff of the Office of International Students and Scholars (OISS) will be necessary in order for you to exercise many of your rights.

Overview of the J-1 Program
Responsible Officers
Program Classifications
Program Objective
Immigration Documents
Registration & Attendance
Employment
Travel
Transfer to a Different School
Completion of Study
2-Year Home Country Req.
Medical Insurance
Notification of Changes
Taxes
Dependents
Failure to Comply

Overview of the Program and Definition of Program Sponsor

The Exchange Visitor Program is administered by the Department of State under the Mutual Educational and Cultural Exchange Act of 1961, as amended. The purpose of the Exchange Visitor Program is to promote international educational and cultural exchange in order to develop mutual understanding between the people of the United States and other countries.

The Exchange Visitor Program is used to bring students, trainees, teachers, professors, research scholars, international visitors, camp counselors and participants in summer student travel programs to the United States for a variety of educational and cultural exchange purposes under the sponsorship of an organization or agency that has been designated as a Program Sponsor by the DOS. It is not a work authorization program. However, obtaining a J-1 visa classification does entitle the Exchange Visitor to certain restricted employment benefits.

Your Program Sponsor is the organization or institution listed in Item # 2 of your Form DS-2019, Certificate of Eligibility for an Exchange Visitor. (This is the document you presented to the US Consulate to apply for your J-1 visa). The Program Sponsor and, in some cases, an agency or organization it designates to administer your program (the "designee"), have legal authority to grant you certain benefits related to your program. Your Program Sponsor is also charged by the DOS to ensure that you adhere to all the regulations which govern your program in the United States .

Overview of the Program and Definition of Program Sponsor

The Exchange Visitor Program is administered by the Department of State under the Mutual Educational and Cultural Exchange Act of 1961, as amended. The purpose of the Exchange Visitor Program is to promote international educational and cultural exchange in order to develop mutual understanding between the people of the United States and other countries.

The Exchange Visitor Program is used to bring students, trainees, teachers, professors, research scholars, international visitors, camp counselors and participants in summer student travel programs to the United States for a variety of educational and cultural exchange purposes under the sponsorship of an organization or agency that has been designated as a Program Sponsor by the DOS. It is not a work authorization program. However, obtaining a J-1 visa classification does entitle the Exchange Visitor to certain restricted employment benefits.

Your Program Sponsor is the organization or institution listed in Item # 2 of your Form DS-2019, Certificate of Eligibility for an Exchange Visitor. (This is the document you presented to the US Consulate to apply for your J-1 visa). The Program Sponsor and, in some cases, an agency or organization it designates to administer your program (the "designee"), have legal authority to grant you certain benefits related to your program. Your Program Sponsor is also charged by the DOS to ensure that you adhere to all the regulations which govern your program in the United States.

Responsible Officers

Individuals who have been authorized by the U.S. Department of State (DOS) to administer the J-1 program for the Program Sponsor. At UNH, this refers to the OISS staff.

Exchange Visitor Program Classifications (Categories)

Although the DOS has established numerous exchange visitor categories, the University of New Hampshire is only designated to sponsor visitors in the categories of student, professor, research scholar, specialist and short term scholar. The category of College and University Students includes those who have been officially admitted to a degree program at UNH, either as an undergraduate or a graduate student, have received an official letter of admission from the University and will be enrolled in a full course of study leading to, or culminating in, the award of a US degree. Or, the individual might be engaged in full-time study in a non-degree prescribed course of study under an exchange agreement between their home institution and the University of New Hampshire . In either case, the primary purpose of being in the US is to engage in full-time study and individuals will therefore be subject to all federal regulations governing the J-1 student category.

Program Objective

Your Program Objective, or the purpose for which you came to the US , is described in Item # 4 of your Form DS-2019. The activities you engage in while in this country must be related to your Program Objective.

Immigration Documents

Passport: You must keep your passport valid at all times while you are in the United States (unless you are exempt from passport requirements). If your passport will expire while you are still in the US , you must contact the Embassy of your home country in order to make arrangements to have your passport extended. You will not be permitted to re-enter the United States with an expired passport. If you lose your passport, you should immediately take steps to have it replaced. OISS staff will provide you with the address and phone number of your home country embassy or consulate.

Form DS-2019: This form was issued by your Program Sponsor for you to obtain the J visa from a US Consulate or Embassy. You should read and clearly understand all the information printed on your DS-2019. If you lose this form you should immediately request a new form from your Program Sponsor. You must carry Form DS-2019 with you if you travel outside the United States for any reason during your program. In addition, you must contact your Program Sponsor to have the back of your Form DS-2019 signed PRIOR TO YOUR TRAVEL or you may be denied re-entry into the US .

Expiration Date on Form DS-2019: The expiration date on your DS-2019 (Item # 3) is the date that your program in the US ends (unless you complete your program objectives prior to this date - see remarks under "completion of program" below). However, you have thirty (30) days from that date before you are required to leave the United States . You may use this 30-day period to prepare for your departure, or to travel in the United States . You are not permitted to engage in employment of any kind during this time period. You will not be permitted to reenter the United States if you travel outside its borders after the date listed on Form DS-2019, even if it falls within this 30-day period.

Form I-94 (Arrival/Departure Record): This form, also referred to as an I-94 card, is the small white card which was given to you upon arrival in the US . It indicates your visa category and contains an eleven-digit identifying number called the admission number, which is used to keep track of your arrival in and departure from the US .

The I-94 card officially determines how long you can stay in the US and is one of your most important immigration documents. If there is a date written in the upper right-hand corner of your I-94, you must apply to extend your stay or leave the US within 30 days of that date. Extensions of stay must be filed in a timely manner in order to remain in the US .

If there is no date on the I-94, as is the case for most students, but rather the notation "D/S" (duration of status), you are considered to be in status for the entire length of time you are enrolled full-time in an educational program, plus an additional 30 days to prepare for departure, as long as your DS-2019 is valid. "D/S" does not mean that you can stay in the US indefinitely.

If you lose your I-94, you should immediately apply for a replacement document. Consult the OISS staff for procedures.

Limitations of D/S:

1. D/S expires if a student takes longer than expected to complete an academic level. The amount of time permitted for completing studies at a given academic level is determined by the date on the initial DS-2019 issued at the beginning of each academic program. You must pay close attention to the expected completion date noted on your DS-2019 and file for an extension of stay at least 60 days before your present stay expires if you plan to remain at UNH beyond the date specified on the form DS-2019. As mentioned above, there is a 30-day period after the ending of your program during which you may stay in the US while you prepare to depart. This 30-day period is often added to the date on the I-94 card. Therefore it is important to extend your stay before the expiration date listed on your form DS-2019, rather than the date on the I-94. Providing you submit all of the necessary documentation requested by your Program Sponsor, have not exceeded the maximum allowable stay for your program category, and have maintained lawful J-1 immigration status, you will be considered eligible to receive an extension.

2. D/S expires if a student does not maintain a full-course of study (see definitions below, under "registration and course load"). Be sure to consult with OISS staff about any exceptions to avoid the serious consequences that may result from being out of status.

These documents are extremely important and will be needed as various forms of identification - both in the US and if you travel outside the US . Replacement of forms can require a substantial fee, so take care not to lose your documents.

Visa: Your immigration documents also consist of the J-1 visa stamp in your passport, which permits you to enter the United States for a specific purpose and period of time. The visa may either be for single, double, or multiple entries. If it is authorized for single entry only, you will need to apply for a new visa in order to reenter the US . If the visa is authorized for two entries, you may leave and reenter the US one more time as long as your DS-2019 is valid and travel is within the time specified on the visa. (Immigration inspectors will mark your visa with the notation "1 of 2" when you enter the first time.) If the visa is authorized for multiple entries, you may come and go as many times as you wish, again providing that your DS-2019 is valid and travel is within the dates specified on the visa.

In some cases, the date of expiration on your Form DS-2019 and the expiration date on your visa stamp may not coincide. Please consult your visa stamp and note the date of expiration. If your visa expires while you are in the US but your Form DS-2019 and Form I-94 are valid, your legal immigration status in the US remains valid. (Your visa is used for entry or reentry to the US only, so there is no need to worry if it expires while you are here. It does not dictate the length of your authorized stay. That is determined by your DS-2019 and I-94, as mentioned above.) However, if your visa has expired and you depart the United States , you will be required to obtain a new visa before attempting to reenter the United States . It is not possible to renew a J-1 visa while you are within the borders of the US .

( NOTE: If you are traveling to Canada , Mexico or adjacent islands for a period of less than 30 days, you will be permitted to reenter on an expired visa, provided that it corresponds with your current visa status and your I-94 and endorsed DS-2019 are valid.)

If you change your visa status or program category within the US and subsequently depart the country, you will be required to obtain a new visa in the new category before attempting to reenter the US - regardless of whether the previous visa is still valid.

Registration, Attendance and Course Load

Registration and Attendance: You must register at and attend the school indicated on your DS-2019.

Course Load: You must register as a full-time student when school is in session. For undergraduate students, full-time is defined as a minimum of 12 credits. For graduate students the requirement is 9 credits (6 credits if on a full assistantship) or registration for Master's Thesis or Doctoral Research.

Reduction in Course Load: You may register for a lesser course load if:

a) you will complete your studies by the end of that school term and do not need a full course load in order to graduate;
b) Your Program Sponsor approves, in advance, a reduction in course load due to special circumstances such as illness, academic difficulties, etc.;
c) you are engaged in a prescribed course of study in a non-degree program; or
d) you are participating in authorized Academic Training.

Employment

General: You must have written authorization from your Program Sponsor to be employed while pursuing your studies (see Items 2 & 3 below). A maximum of 20 hours per week is permitted while school is in session. During annual vacation periods you may work up to 40 hours a week. (NOTE: Graduate students who hold full-time appointments as teaching or research assistants are not permitted to accept additional employment.)

On-Campus Employment: Employment on your school campus is possible provided that you are maintaining your status and the employment is authorized in writing, in advance, by your Program Sponsor. Employment may not begin until this written authorization has been given.

Off-Campus Employment: You can apply to your Program Sponsor for off-campus employment authorization provided you can demonstrate an urgent financial need to work. Employment may not begin until written authorization has been given.

Academic Training: During, or upon completion of, your studies you may apply to your Program Sponsor for permission to engage in up to eighteen (18) months of Academic Training. This is employment directly related to your major field of study and may occur anywhere in the US . Employment may not begin until written authorization has been given.

You are only permitted to receive compensation until the expiration date listed on Form DS-2019, Item # 3, or through completion of studies, whichever comes first. Do not begin employment, accept additional appointments or change employers without prior approval from your Program Sponsor.

Travel

Within the US : You have the right to travel freely within the United States provided you maintain your legal J-1 status and have your passport and immigration documents in your possession.

Outside the US with Return Planned to the Same Program Sponsor: You must consult in advance with your Program Sponsor regarding travel authorization and the necessary documentation required to facilitate your reentry to the US .

Outside the US with Return Planned to a Different Program Sponsor: You must consult in advance with your Program Sponsor regarding your proposed travel and change of program sponsor. If the change is permissible, you must obtain Form DS-2019 from your new Program Sponsor before you attempt to reenter the US .

Transfer to a Different School

You may be able to transfer from your present school to a different school if you qualify and follow certain procedures. You must consult your current Program Sponsor to notify them that you are planning to transfer and to see if you qualify. If the transfer also involves a change in Program Sponsor, your new Program Sponsor must complete a new Form DS-2019 and send it to your current Program Sponsor in order to obtain a signature releasing you from sponsorship.

Completion of Program

You are required to notify your Program Sponsor when you have completed your Program Objective. Upon completion of studies you may have the right to a) continue study at the same school or a different school for a higher academic degree, certificate or program of academic work, b) apply for Academic Training; or c) take up to 30 days to depart the US. If you complete your studies before the expiration date listed on your DS-2019 you will have 30 days to prepare for departure even if the date on your Form DS-2019 has not yet expired. If you choose to remain in the US more than 30 days following the end of your program (without entering a new program or Academic Training), you will be in violation of your immigration status and could be subject to deportation.

The Two-year Home Country Physical Presence Requirement

Many J-1 Exchange Visitors are required, after completion of their Program Objective, to return to their home countries for a period of two years before they may be allowed to reenter the US in certain other types of immigration classifications. Your Program Sponsor and/or the OISS can advise you regarding the applicability of this requirement to your particular situation. You have the right to apply for a "waiver" of this requirement if you wish to remain in the US by changing from J-1 status to some other immigration status. However, the DOS and the INS will review your case and have the right to deny your request for a waiver.

Medical Insurance

The Department of State requires all Exchange Visitors and their accompanying dependents to purchase and maintain appropriate medical insurance for the duration of their stay in the US in Exchange Visitor visa classification. You will automatically be enrolled in, and billed for coverage under, the UNH group policy. The DOS has mandated that willful failure to purchase and maintain adequate medical insurance coverage for all Exchange Visitors and accompanying dependents for the duration of the program must result in dismissal from the program. (If you are dismissed from the program the DOS will be notified and you will be required to leave the US .)

Required Notification of Changes in Circumstances

1. Report changes in your address to the USCIS and OISS within 10 days of the change.

2. Inform the OISS of any changes in your program (such as major or degree level) or source of funding.

Taxes

You are required to file an income tax return by April 15th of each year, and pay any taxes due, regardless of your status or whether or not you were employed during that time. Additional information is available from the OISS.

Dependents

Consult with your Program Sponsor if you would like to arrange for your dependents (spouse and/or children) to join you here at UNH.

Failure to Comply with Responsibilities

If you fail to comply with your immigration responsibilities, you may not be eligible for benefits associated with the J-1 Exchange Visitor Program and, in some situations, may be subject to deportation.

Further information on the rights and responsibilities of students in J-1 Exchange Visitor Classification, as well as counseling and assistance, is available from the Office of International Students and Scholars.

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