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J-1 Exchange Student/Visitor Status and Visa Regulations
A J-1 visa is issued to a participant in an Exchange Visitor Program approved by the United States Department of State. Participants can be in one of four categories at the University of Northern Colorado, including student, research scholar, short-term scholar, and professor. The agency issuing the DS2019 is called the Program Sponsor.
J-1 Students
J-1 students must pursue a full course of study. At the University of Northern Colorado, that is defined as 12 credits for an undergraduate program and 9 credits for a graduate program. There are few exceptions to this requirement. Please discuss the issue with the Foreign Student Advisor BEFORE you drop any classes or pass the add deadline with too few classes.
J-1 Professors
A professor is “an individual primarily teaching, lecturing, observing, or consulting at post-secondary accredited educational institutions, museums, libraries, or similar types of institutions. A professor may also conduct research, unless disallowed by the sponsor.” A professor may attend classes as long as the classes are incidental to the primary activity and the professor continues to pursue the objectives for which he or she came. If enrollment in classes or a degree program becomes the primary objective, the J-1 professor status is no longer appropriate. There is a minimum of three weeks stay required. (22 C.F.R. 62.4 (e))
J-1 Research Scholars
A research scholar is an “individual primarily conducting research, observing, or consulting in connection with a research project at research institutions, corporate research facilities, museums, libraries, post-secondary accredited educational institutions, or similar types of institutions. The research scholar may also teach or lecture, unless disallowed by the sponsor.” A research scholar may attend classes as long as the classes are incidental to the primary activity and the research scholar continues to pursue the objectives for which he or she came. If enrollment in classes or a degree program becomes the primary objective, the J-1 research scholar status is no longer appropriate. There is a minimum of three weeks stay required. (22 C.F.R. 62.4 (f))
J-1 Short-Term Scholars
A short-term scholar is defined as “a professor, research scholar, specialist, or a person with similar education or accomplishments coming to the United States on a short-term visit for the purpose of lecturing, observing, consulting, training, or demonstrating special skills at research institutions, museums, libraries, post-secondary accredited educational institutions, or similar types of institutions.” This category is used for one day to six month visits. No extension of stay is possible. (22 C.F.R. 62.4 (b))
Change of Status or Category
People in J-1 status who are subject to the two-year home country residency requirement may not change to any other non-immigrant status while in the United States. Exchange visitors who enter the U.S. in one exchange visitor category, such as "researcher," are rarely permitted to change to another category, such as "student." A Waiver program is possible for some visitors. Check with the CIE for more information.
Extension of Stay
You must file your program extension with the CIE or your own sponsor at least two months before it expires. Although J-1 students usually have no limitation on their length of stay in the U.S., J-1 professors, short-term scholars and research scholars have specific limitations. Check with the CIE if you have any questions.
Transfer to Another Program
The exchange visitor who wishes to transfer to another institution must have his/her current Program Sponsor's permission. Permission to transfer is granted only if the transfer contributes the exchange visitor's original purpose in coming to the U.S. and the visitor has maintained status. Check with the CIE for further information if you intend to transfer programs.
Employment
J-1 Off-Campus Employment Based on Economic Hardship
If a J-1 student needs employment during the academic year due to financial hardship arising from unforeseen circumstances, the Program Sponsor may authorize it. Documentation of the financial hardship must be provided to the Foreign Student Advisor. Such employment cannot interfere with full-time pursuit of the exchange visitor's program objectives. Written permission from the Program Sponsor is required for on-campus as well as off-campus work.
Summer Employment
An exchange visitor student's program sponsor may authorize full-time summer employment if such employment is required for economic reasons.
Academic Training
J-1 students who have earned a degree may request their sponsor's permission for academic training to work within their degree field of study. Academic training is limited to 18 months for most J-1 students. (Some students completing the Ph.D. degree may be allowed up to 36 months.) A specific employment offer must be provided and application must be made prior to completion of the program.
Employment of J-1 Researchers and Scholars
Researchers and scholars in J-1 status can be authorized to accept employment away from their program sponsor only if that employment is directly related to their program objectives. Contact your Program Sponsor for more information, before the work takes place.
