Did You Know?

Approximately 40% of GT faculty were born outside of the U.S.

Information for J-1 Students

Please choose the relevant topic below to obtain more information:
Immigration Regulations

Introduction

As a J-1 student attending a U.S. education institution, you are responsible for knowing and complying with the J-1 student immigration regulations. The immigration regulations are administered by the Department of State and the U.S. Citizenship and Immigration Services (USCIS). It is important for you to understand the immigration regulations. The Department of State does not consider ignorance of the law a legitimate reason for failing to obey it. This information is designed to assist you with your awareness of and compliance with the rules that regulate those in J-1 and J-2 (dependents) status.

Know your RO and ARO

Each sponsoring agency has a Responsible Officer (RO) and several Alternate Responsible Officers (ARO). RO and AROs are thoroughly familiar with the J-1 regulations. As RO and AROs, they can also assist you with traveling outside the United States, employment authorizations, extension of stay, and other regulations.

If you are sponsored by Georgia Tech, it will state this in #2 of your DS-2019. At Georgia Tech, the RO and AROs work within the Office of International Education (OIE). If you are sponsored by an agency other than Georgia Tech, you should contact your agency directly to find out the name of the RO and ARO.

The RO/ARO for Georgia Tech can be reached via phone at (404) 894-7475, fax (404) 894-9682 or by email.

Know your Immigration Documents

Passport
A student subject to passport requirements must obtain one and maintain its validity at all times while enrolled as a student. If the passport will expire before the end of the period of stay, it is the student's responsibility to contact the Consulate or Embassy of his or her country to have the passport extended or renewed. Passport renewals generally require several weeks. Enough time should be allowed to complete this process before the passport's expiration. When the passport expires, students are in the United States illegally and are subject to deportation.

Visa
A student subject to visa requirements must apply for one at a U.S. Consulate or Embassy. Most Embassies and Consulates now issue an electronic machine-readable visa, which contains your photograph. The visa is for permission to apply for admission to the United Sates for a specific purpose and period of time. The spouse and children of a student on a J-1 visa will be assigned J-2 visas. Since the visa is only important for entry or re-entry to the U.S., the visa may expire while the student is in the United States.

Renewal
If the student plans to leave the U.S. temporarily with an expired visa, an advisor at OIE should be contacted prior to departure to obtain the necessary documents so that you can apply for a new visa outside the U.S. for re-entry.

Form I-94 (Arrival/Departure Record) The I-94 shows that you have been admitted to the U.S. The I-94 is usually stapled onto the US visa page or entry stamp page of your passport. It contains an eleven-digit identifying number the USCIS uses to keep track of your arrival in and departure from the U.S. A student on the J-1 visa should have "D/S" (duration of status) written on the I-94, which means that you are admitted for the length of your program of study plus 30 days (grace period).

DS-2019
The DS-2019 is the official document that is returned to the student at the port of entry or as approval of an extension of stay or transfer of program. Please refer to Item # 3 of the DS-2019 for the end date of your program. If you plan on staying past this date, you are responsible for applying for your extension with your advisor at OIE. The form provides pertinent information about the Exchange Visitor Program on the back. The student should read and adhere to the information therein.

Traveling Outside of the United States

A student traveling outside the United States should be certain to have all necessary documents for entry into all countries he or she intends to visit and for re-entry into the United States.

For re-entry into the United States, the student needs:

  • A valid passport (if subject to passport requirement)
  • A valid J-1 visa (if subject to visa requirement)
  • Responsible Officer (RO) or Alternate Responsible Officer (ARO) at OIE's signature on the back of a valid copy of the DS-2019 or a new DS-2019 for extension of stay, or transfer to a different program.

If a new visa is required, the student should take the valid passport, endorsed DS-2019 (or original as appropriate), and evidence of financial support to the United States Consulate or Embassy to apply.

What is automatic revalidation of visas?

  • A student(except those from Cuba, Iran, Iraq, Libya, Sudan and Syria) can re-enter to the United States with an expired J-1 visa when the student:
  • Travels to Canada, Mexico or the adjacent islands other than Cuba for less than 30 days; and
  • Has maintained and intends to resume status as a student and the previously authorized stay is valid at the time of re-entry.

In such case, the student will need only a valid passport, with an affixed visa, an endorsed DS-2019, and a current Form I-94. The student should not surrender the I-94 when leaving the U.S. to travel to contiguous territory. Please consult with your OIE advisor for more information.

Maintaining Student Status

  • Maintain a full course of study as defined by your academic division except: during vacation, documented medical problems presented to the ARO, bona fide academic reason in writing from the academic dean or advisor presented to the ARO, final term in which less than a full course of study is needed to complete the academic requirements.
  • Satisfactorily pass the minimum required course work during each academic term.
  • Engage only in employment authorized in writing by the RO or ARO.
  • Comply with all local, state, or federal laws.
  • Keep the Office of International Education informed of your current telephone number and address through OSCAR.
  • Maintain adequate medical insurance for self and all accompanying dependents.
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School Transfer

Eligibility

  • The student is in good academic standing.
  • The student has not worked without authorization.
  • The student is within the time limits specified in part 3 of his/her current DS-2019.

Procedure

  • A student brings the DS-2019 issued by the school to which s/he wishes to transfer to the Responsible Officer (RO).
  • The RO fills out part #8 of the DS-2019 verifying the student's eligibility for transfer.
  • The student mails the signed DS-2019 to the RO at the new institution as least 15 days prior to the expiration date on his/her current DS-2019.

Note:
If the student will depart the country between programs (accompanied by family members, if applicable), this process is unnecessary. Simply use the new DS-2019 provided by the new sponsor to re-enter to the United States.

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Extension of Program

Eligibility
The student must:

  • Have D/S written on his/her I-94 form (the small white card usually attached in your passport).
  • Be a full-time student making satisfactory academic progress.
  • Be maintaining valid J-1 status by not working illegally, by being covered by adequate insurance and by having filed timely and appropriate transfer and extension notifications where applicable.

Note:
The extension can't be granted after the end date on the DS-2019 so it is necessary to contact the OIE at least one month prior to the expiration date.

Procedure

  • If sponsored by Georgia Tech, have your academic advisor fill out the Download PDF Version DS-2019 Request Form for Students. Note: Signature of the academic advisor and financial documentation is necessary to proceed. Return the completed DS-2019 Request Form to your OIE advisor.
  • If sponsored by another entity, please refer directly to your sponsor for extension procedures which may vary according to the specific sponsor.
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Employment and Training

This information is relevant for J-1 visa holders in the student category who are sponsored by Georgia Institute of Technology. If Georgia Tech is not your sponsor, you need to ask your sponsor what, if any, employment you are allowed during your stay.

There are three different types of employment:

On Campus Employment

Eligibility
A J-1 student is eligible to assume any on-campus employment as long as s/he meets the following conditions:

  • Remains in good academic standing.
  • Continues to engage in a full course of study.
  • Limits total employment to no more than 20 hours per week while in school, 40 hours per week during vacations.
  • Has approval in writing from his/her Responsible Officer.

Procedure
Complete the Request for On-Campus Employment Authorization For Georgia Tech J-1 Students.

Off Campus Employment Due to Severe Economic Hardship

Eligibility
A J-1 Student is eligible to engage in off-campus employment as long as s/he meets the following conditions:

  • Remains in good academic standing.
  • Continues to engage in a full course of study.
  • Limits total employment to no more than 20 hours per week while school is in session.
  • Can document unforeseen changes in her/his economic circumstances.
  • Has approval in writing from his/her Responsible Officer (RO).

Procedure
Submit the following documentation to your OIE advisor:

  • A budget, showing that expenses are projected to exceed income.
  • A letter explaining the unforeseen changes in economic circumstances.
  • For graduate students: a letter from the student's advisor stating that the student's employment will not interfere with the student's academic obligations.

Academic Training

Eligibility
A J-1 student is allowed to engage in employment related to his/her major if s/he meets the following conditions. The student:

  • Has primarily come to the U.S. to study, not to work.
  • Will engage in employment directly related to his/her major field of study.
  • Has completed all coursework required for the degree OR will work only during vacation periods or only part-time (20 hours/week) if still attending class.
  • Will maintain health insurance coverage while working.
  • Will obtain written Academic Training permission from his/her Responsible Officer (RO).

Procedure

Obtain a letter of offer from your employer that includes all of these details:

  • Job title
  • A brief description of the goals and objectives of your employment
  • The dates and location of the employment
  • The number of hours per week
  • Name and address of the training supervisor
  • Salary (minimum of $1250/month)

Give a copy of your employer's letter to your academic advisor or dean for use in filling out the:

Download PDF Version Academic Training Request available in the OIE office and online.

Give the completed employer's letter and the completed Download PDF Version Academic Training Request form to your OIE advisor so she can write a letter of work authorization. You are not allowed to work without this authorization letter.

Time Limitations for Academic Training

  • Academic Training employment may not exceed the period of full course of study or 18 months, whichever is shorter. However, if you receive a Ph.D. and acquire a post-doctoral training position, you are allowed a maximum of 36 months of Academic Training.
  • Part-time Academic Training counts against the amount of full-time employment available. Example, if you are on a 12-month academic program, then you are eligible for 12 months of Academic Training. If you use 6 months of part-time Academic Training before you finished your academic program, then you only have 6 months of full-time Academic Training left after the academic program.
  • Earning more than one degree does not increase your eligibility for Academic Training.

Authorization deadline: If you are going to complete your program, then you must receive your academic training authorization before the end of your last semester. For example, if you finish your studies on December 15th then the Academic Training must be authorized by the 15th to begin on the 16th. Any time not worked during the authorized Academic Training period is time lost. So, using the previous example, if your job officially begins on January 15th then you have lost one month of Academic Training.

Download PDF Version Academic Training Request Form

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Two-Year Home Country Physical Presence Requirement

Intent of the Requirement
The intent of the requirement is to have the home country benefit from the exchange visitor's experience in the United States. Exchange visitors come to this country for a specific objective such as a program of study or a research project. The requirement is intended to prevent a participant who is subject from staying longer than necessary for the objective, and to ensure that he or she will spend at least two years in the home country before coming back to the United States for a long-term stay.

An exchange visitor is subject to the requirement if any of the following conditions apply:

  • If the exchange visitor's participation in an exchange program was financed, directly or indirectly, by the United States government or a foreign government for purpose of exchange.
  • If the skills that the exchange visitor is coming to develop or exercise are in a field which the exchange visitor's "home" government requested be included on the State Department skills list.
  • The exchange visitor comes to the United States to receive "graduate medical education or training."

The exchange visitor can tell if he/she is subject by looking at the J visa page in the passport which would say "212e does apply" and/or the bottom box of the DS-2019.

If you are subject to the requirement, the exchange visitor can only change to A or G status within the United States. An exchange visitor subject to the requirement can change visa status outside of the United States at the discretion of the consular official but is NOT eligible for an H (temporary worker), L (intra-company transferee), or immigrant status until the two year home residency requirement has been completed or a waiver is granted.

Waiver of the Residency Requirement
An exchange visitor may request that the two-year home country physical presence requirement be waived only on the following bases:

  • Statement from the exchange visitor's home country that it has no objection to the waiver
  • Request for a waiver made by an interested U.S. government agency
  • Interest of a state agency (only for alien physicians)
  • Exceptional hardship to the U.S. citizen or permanent resident spouse or child of the exchange visitor
  • Fear of persecution on account of race, religion, or political opinion

Waiver Application Process

  • Complete a Waiver Review Application Data Sheet available for download in PDF format.
  • Fill out two self-addressed, stamped, legal-size envelopes.
  • Fee of $136 in the form of a cashier's check or money order payable to the U.S. Department of State (personal checks are not accepted). The cashier's check or money order must include the applicant's full name, date and country of birth, and Social Security number, if any.
  • Mail the above items in a single package to one of the following addresses, depending on whether is being sent via regular mail or via courier or express service:
Postal Service:
U.S. Department of State
Waiver Review Division
P.O. Box 952137
St. Louis, MO 63195-2137

Courier or Express Service:
U.S. Department of State
Waiver Review Division
(Box 952137)
St. Louis, MO 63101-1200

After the fee is collected, the Waiver Review Division will open a file for the applicant, assign a case number, and then send the applicant his or her case number and instructions on how to proceed with the application.

Following the application instructions, once all the required information and documents are assembled, they must be returned to the Waiver Review Division for consideration. Applicants must write the full case number on any documentation they submit, as well as on the outside envelope of all correspondence with the Waiver Office. If the case number is not included on all correspondence and on the outside of the envelope, the documents submitted will be returned. All correspondence and responses concerning the case after receiving a case number are sent to the Waiver Review Division general mailing address:

U.S. Department of State
Visa Services, Waiver Review Division CA/VO/L./W
2401 E Street, NW, (SA-1)
Washington, DC 20533-0106

Please note that the waiver application is the exchange visitor's responsibility.