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Immigration Terminology
Intent
US immigration law presumes that each foreign national wishing to come to the US intends to immigrate or remain indefinitely in the US. Therefore, most applicants applying for a nonimmigrant US visa and/or nonimmigrant admission to the US must successfully demonstrate that their intent is to return to their home country and not to immigrate to the US at the end of their stay. These applicants must satisfactorily demonstrate that they are eligible for the particular nonimmigrant classification (e.g., J-1), that they have secured the funding necessary for the purpose and period of intended stay, and that they maintain a residence abroad which they have no intention of abandoning. Documented ties to one's home country, such as address where one maintains residence, bank account(s), employment offer upon one's return, property ownership, and/or immediate family members, can help demonstrate nonimmigrant intent.
Passport
Your passport must be valid at all times. It should be valid for at least 6 months into the future upon each entry to the US. Contact the consulate or embassy of your home country well in advance for procedures for renewal or extension of passports.
Visa
A US visa, which is issued by a US consulate or embassy outside the US, is a permit to apply for admission to the United States during a specified period of time for a particular purpose. It is a multicolored stamp/sticker, which is affixed to a page in your passport and contains your photo and details regarding the purpose of your intended stay in the US. Every time you enter the US you must have a valid US visa appropriate for the purpose of your stay. Canadian citizens do not normally require a US visa.
Note: A US visa is only issued for the purpose of applying for entry; it has no bearing on one's immigration status, that is, permission for one to remain in the US for a specified period of time for a particular purpose. The visa one uses to enter the US may expire during one's stay in the US.
I-94 Card (Departure Record)
The I-94 card is the small white card stapled inside your passport by the US Customs and Border Protection (CBP) officer when you enter the US. The I-94 permits you to stay in the US until the expiration date noted on it by the CBP officer, as long as you maintain your nonimmigrant status in the US.
It is important that you carefully check the I-94 card issued to you upon each entry to the US, as the expiration date specified on the I-94 card is the date by which you must leave the US.
- J-1s or J-2 dependents: Your I-94 card should specify your nonimmigrant status, "J-1" or "J-2," and "D/S" for duration of status. If you are ever given a specific expiration date, be sure to check with the CBP officer at the Port of Entry if no reason is given.
If you are given a specific expiration date, consult Academic Services no later than 5 days upon (re)entry to the US. - H-1Bs or H-4 dependents, O-1s, and O-3 dependents: Your I-94 card should specify your status, "H-1B," "H-4," "O-1," or "O-3," and the expiration date of the H-1B/O-1 Approval Notice. (At the discretion of the CBP officer, a 10-day grace period may be added). Please check with the CBP officer at the Port of Entry if you think an incorrect expiration date is given.
If the expiration date specified is earlier than the H-1B/O-1 Approval Notice, consult Academic Services no later than 5 days upon reentry to the US.
Note: If your passport expires prior to the expiration of the H-1B/O-1 Approval Notice, the CBP officer may specify on the I-94 card an expiration date matching your passport expiration date. In such a case, consult Academic Services within 5 days of reentry to the US. - E-3s and TNs should consult Academic Services.
It is very important that you do not lose your I-94 card. This is the most important document verifying your legal ability to stay in the US. (You surrender the I-94 card every time you leave the country and get a new one each time you re-enter the US, except sometimes when traveling to Canada, Mexico, or the adjacent islands.)
Status
Status is a legal condition granted which allows one to remain in the US for a specific purpose and for a specific period of time. The expiration date is noted on the white I-94 departure record. (Js are normally admitted for Duration of Status, which means they may remain in the US and participate in their J activities until the end date on the DS-2019, as long as they are maintaining valid J nonimmigrant status.) A specific nonimmigrant status is specified by US Customs and Border Protection (CBP) upon entering the US and may thereafter be shortened, extended, or changed to a different status depending on specific immigration regulations.
DS-2019, Certificate of Eligibility for Exchange Visitor (J-1) Status
A Form DS-2019, Certificate of Eligibility, is issued by Salk to each J-1 scholar and each J-2 dependent. The DS-2019 is the eligibility document for a J visa that you will present at the US embassy or consulate during your visa appointment. Upon entry to the US, you will present your DS-2019 to a US Customs and Border Protection (CBP)/Department of Homeland Security (DHS) officer for processing. Be sure to read the information on the back of the DS-2019. Your signature on the front of the form is an acceptance of the conditions on the back of the form. Once admitted to the US, Js keep the DS-2019s with their passport throughout their stay.
J-1 Two-Year Home Country Physical Presence Requirement
J-1s who receive any funding, whether direct or indirect, from the government or a federal agency of the US or their home country (i.e., country of nationality/citizenship or legal permanent residence) to support their J-1 program or whose skills are deemed to be in short supply by the home country (i.e. appear on the Skills List, http://travel.state.gov/visa/temp/types/types_4514.html) and their J-2 dependents are required to return to their home country for two years upon completion of the J Exchange Visitor Program. J-1s and J-2 who are subject to the two-year residence requirement: 1) may not change their nonimmigrant status in the US, 2) are not eligible for H, L, or K visas, and 3) may not apply for an immigrant visa or for adjustment of status to lawful permanent resident.
In some cases, a J-1 exchange visitor may obtain a waiver of the two-year home residence requirement, http://www.travel.state.gov/visa/temp/info/info_1288.html, typically on the basis of a "no objection" statement of the home country government and waiver recommendation from DOS, but sometimes on other grounds. The final authority to grant the waiver lies with US Citizenship and Immigration Services (USCIS).
The application for a waiver of the two-year home residence requirement can be a complicated and lengthy process. It is advised that J-1s at Salk consult Academic Services prior to initiating an application for a waiver, as restrictions will apply that may affect transfer of J-1 programs, travel and reentry to the US, J-1 program extension, and/or other benefits. In some cases, it may be advised to seek advice from a qualified immigration attorney.I-797, Notice of Action: Approval Notice
Approval notices are issued upon adjudication of a petition or application by US Citizenship and Immigration Services (USCIS)/DHS. For example, approval for H-1B for an individual who will apply for a visa at a US consulate or embassy abroad in order to begin H-1B employment will be on Form I-797B. The form is used to apply for an H-1B visa at the US consulate or embassy specified on the notice. (Form I-797A is an approval notice with an I-94 attached at the bottom, for individuals who are also changing status (e.g., from F-1 to J-1 or J-1 to H-1B) or extending the same status (e.g., H-1B) within the US.
Grace Period
The grace period is the specific period of time during which an individual may remain in the United States after completing the particular nonimmigrant program. Particular grace periods are available for specific nonimmigrant statuses.
- J-1 Scholars and their J-2 dependents have a 30-day grace period. This grace period begins the day after you complete your program at Salk. This can be the end date indicated on the DS-2019 form or earlier if you complete the program before that date. The grace period is provided to allow time to prepare for departure from the US and/or travel within the US. No payment, authorization for incidental activities, or travel out of the US and re-entry in the same status is allowed during the grace period.
- H-1B/ O-1 Employees and their H-4/O-3 dependent family members must leave the US by the date listed on their I-94 cards, unless the employment ends earlier. A CBP officer may grant a 10-day grace period on the I-94 card upon admission to the US. If granted by CBP, the 10-day grace period allows time to prepare for departure from the US and/or travel around the US. No payment, authorization for incidental activities, or travel out of the US and re-entry in the same status is allowed during the grace period.
- E-3s and TNs should consult Academic Services.
SEVIS Fee (J-1s only)
US Immigration and Customs Enforcement (ICE) charges a $180 fee to new J-1 scholars. This fee is in addition to the visa fees charged by the US consulate or embassy. You must pay the SEVIS fee and obtain a receipt before you apply for the visa if you are outside the US or before you apply for change of status if you are in the US. The fee can be paid over the internet by credit card; you should have a printer ready to print the electronic receipt immediately. (The fee can also be paid by mail with Form-I-901.)
See the ICE website at https://www.fmjfee.com/ for more information. Dependents do not have to pay the SEVIS fee, but they do have to pay visa fees. It is important to retain a copy of the SEVIS fee receipt for your records.
Obtaining a US Visa
In order to obtain a visa you will need to contact the appropriate US embassy or consulate to obtain application information. Plan ahead as visa processing can take a long time. Visa applicants are required to schedule a personal visa interview in advance, and security checks can delay visa issuance by several weeks or months.
Check the website of the US embassy or consulate you are planning to visit to schedule a visa appointment and for instructions for obtaining a visa. (Canadian citizens are visa-exempt and do not normally need to apply for a visa at a US embassy or consulate. However, they must pay the SEVIS fee and present the DS-2019 and passport to enter the US with J-1 status.)
Each US embassy and consulate has different requirements for a visa application. It is very important that you verify visa application procedures with the specific US embassy or consulate you plan to visit.
You will need to present the following supporting documents at your visa appointment:
- Valid passport (should be valid for at least 6 months from when you expect to arrive in the US)
- Appointment/Employment offer letter from the Salk Institute
- Funding letter from any other funding source, if not fully funded by Salk
- Credentials, including diplomas, transcripts, licenses, certificates, or other documentation
- Any other documents required by the US embassy or consulate where you will apply for your visa
- If dependent(s), marriage or birth certificate showing relationship to principal applicant
In addition to documents specified above, you will need to provide the following items at your visa appointment according to your intended status:
J Status- Form DS-2019: Certificate of Eligibility for Exchange Visitor (J-1) Status
- Receipt for payment of SEVIS fee
H or O Status
- Form I-797 Notice of Action Approval Notice for H-1B/O-1 Classification
- Copy of I-129 petition for H-1B/O-1 Nonimmigrant Worker
Consult Academic Services.
Arrival in the US
There are specific limits on how early nonimmigrants may enter the US:
- J-1s may enter the US up to 30 days before the J-1 program start date, but may not begin work until the J-1 SEVIS record has been activated by the sponsoring institution and the official J-1 program start date has been reached.
- H-1Bs may enter the US up to 10 days before the approved H-1B start date, but may not begin work until the approved H-1B start date.
- O-1s, TNs and E-3s should contact Academic Services for information.
- J-2, H-4, O-3, TD, and E-3D dependents may not enter the US prior to the principal nonimmigrant
What to carry for entry to the US:
J Status
- Valid passport (should be valid for at least 6 months from your arrival in the US)
- Valid J-1 (or J-2, if dependent) visa in passport
- Form DS-2019: Certificate of Eligibility for Exchange Visitor (J-1) Status
- Receipt for payment of SEVIS fee
- Additional documents that should be carried, but may not need to be presented:
- Appointment/Employment offer letter from the Salk Institute
- Funding letter from any other funding source, if not fully funded by Salk
- If dependent(s), marriage or birth certificate showing relationship to principal applicant
H or O Status
- Valid passport (should be valid for at least 6 months from your arrival in the US)
- Valid H-1B/O-1 (or H-4/O-3, if dependent) visa in passport
- Form I-797 Notice of Action Approval Notice for H-1B/O-1 Classification
- Additional documents that should be carried, but may not need to be presented:
- Copy of I-129 petition for H-1B/O-1 Nonimmigrant Worker
- Appointment/Employment offer letter from the Salk Institute
- If dependent(s), marriage or birth certificate showing relationship to principal applicant
What to expect upon your arrival in the US:
US Customs and Border Protection (CBP)/DHS is an agency within the Department of Homeland Security. CBP officers must screen all arriving people, goods, and vehicles to make sure they meet all requirements for entry into the United States. Please review this CBP Fact Sheet for information regarding searches, inspections, and customer service contacts in the event that you experience problems during your arrival.
For information for Js on what to expect at the port of entry see this US Immigration and Customs Enforcement Fact Sheet.