STAYING IN STATUS: IT'S THE LAW
Like all nations, the United States has laws governing foreign nationals residing within its borders. A strict U.S.
law penalizes nonimmigrants who "overstay" their period of authorized stay by barring them from re-entry to the
U.S. for periods up to ten years.
You may be confused by the many forms, numbers, and deadlines, but if you understand and meet the following
essential requirements, you will be able to maintain your legal status in the United States:
Keep your immigration documents (I-20, IAP-66 or I-797) valid at all times and comply with the terms and
restrictions of your status
Keep your passport valid at all times
Apply through the Center for International Faculty and Student Services to the U.S. Immigration and
Naturalization Service (INS) for an extension of permission to remain in the United States at least two months
before your authorized stay expires
Report a change of address to the Center for International Faculty and Student Services, your employing
department, and the U.S. Immigration and Naturalization Service within 10 days of your move
Carry your passport and U.S. immigration documents with you when you leave the campus community
Check with the Center for International Faculty and Student Services to be sure your documents are in order
before traveling abroad
Complete all necessary procedures before taking employment at another school or transferring visa sponsorship
Do not work without authorization from U.S. Immigration and Naturalization Service or the Center for
International Faculty and Student Services as required
Pay required income tax
Before leaving the country for an extended period of time, obtain a Certificate of Compliance ("Sailing Permit")
from the Internal Revenue Service (IRS), if required for your nonimmigrant status
Enforcement of U.S. immigration law is the responsibility of the U.S. Immigration and Naturalization Service. The
address of the U.S. Immigration and Naturalization Service office having jurisdiction over the New Brunswick
area is 970 Broad Street, Newark, NJ 07102, but most mail-in applications are handled by INS's Eastern
Regional Service Center in St. Albans, Vermont.
Any time you have a pending transaction or a question regarding your immigration status, see the international
faculty adviser at the Center for International Faculty and Student Services.
YOUR PASSPORT
Your passport is your basic travel document, a formal permit from your government to travel abroad and return to
your country. It is also your primary form of identification outside your home country.
Your passport must be valid at all times. It can be renewed at your consulate in New York City or your embassy in
Washington, D.C. For precise information about procedures and fee, you must contact either of these agencies
directly. Addresses and telephone numbers of consulates in New York are available at the Center for
International Faculty and Student Services.
If you lose your passport, you must apply for a new one through your embassy in Washington, D.C. or your
consulate in New York City.
VISA VS. AUTHORIZED STAY
Many people assume that when their visa stamp expires, they must get a new visa. This is generally not true; the
following should explain the difference between the expiration of a visa and the expiration of authorized stay.
Visa
The visa is issued and stamped in your passport by an American consul outside the United States. The visa
authorizes you to enter (but not to remain in) the United States, and indicates your designated status, e.g., H-1B
or J-1. The visa has an expiration date and may be valid for one, two, or an unlimited number ("multiple") of
entries.
It is not necessary to renew your H or J entry visa to remain in the United States; within the U.S., you need only
renew, or extend, your authorization to stay (see next section on "Authorized Stay"). Be aware, however, that if
you travel abroad (other than to visit Canada, Mexico, or any of the islands adjacent to North America, for less
than 30 days), AND if your entry visa has expired, you must apply for a new visa at an American embassy or
consulate outside the United States before reentering. Note that for some individuals in H-1B status only, it might
be possible in some emergency cases to obtain the re-entry H-1B visa within the United States, i.e., before leaving
the U.S. Consult the international faculty adviser for more details on this procedure.
Authorized Stay: Arrival/Departure Record (Form I-94)
The Arrival/Departure Record (Form I-94) is the white card issued to all nonimmigrants by a U.S. immigration
official at the port of entry to this country. This form indicates that admission to the United States has been
granted for a specific period of time and for a specific purpose. The I-94 must be stapled into your passport at all
times. When you leave the United States for any purpose other than a visit to Canada, Mexico or an adjacent
island for a period of less than 30 days, you surrender the I-94 before departure. A new one is reissued to you
when you return.
If you lose your I-94, notify the international faculty adviser at once and apply for a replacement by filing form
I-102 with the U.S. Immigration and Naturalization Service. The fee for replacement is $65.
If the I-94 has a specific expiration date written on the front or on the back, this is the date to which you have
permission to remain in the United States. If you wish to stay beyond this date, you must apply for an extension of
stay. At least 90 days before this date, see your supervisor to determine your eligibility for an extension and the
procedure for obtaining it.
If your I-94's expiration dates says simply, "D/S," this means you are permitted to remain in the U.S. until your
status expires ("duration of status"). See "Staying in Status" section at the beginning of this chapter for details.
TRAVEL
If you travel outside the United States, be sure your documents are in order. You must have a valid passport and,
depending on your visa type, the following additional documents:
H-1B: Form I-797 or Form I-171C; a copy of the Labor Condition Application (LCA) and a copy of the H-1B
petition Form I-129, all available from the International Faculty Adviser. Also; a letter from your department
confirming your current appointment and salary. H-4 dependents should carry a similar letter from the department
confirming the H-1B's employment as well as proof of marriage to the H-1B principal.
J-1: a new IAP-66 or an unexpired pink copy endorsed within the last 12 months; financial documentation. J-2
dependents must carry an IAP-66 bearing both the J-2s name and the J-1 principal's name and proof of familial
relationship to the J-1 principal (marriage license or birth certificate).
F-1: I-20 ID (Student) Copy (which is actually page 3/4 of your I-20 form) endorsed within the last 12 months, or
an entirely new I-20 form; financial documentation. F-2 dependents should carry an I-20 bearing both the F-1
spouse's name and the F-2 dependents' names and proof of familial relationship to the F-1 principal (marriage
license or birth certificate).
Except for travel of less than 30 days to Canada, Mexico, or adjacent islands, if your visa has expired, you must
apply for a new one at an American embassy or consulate abroad. The above-listed documents must be presented
when applying for a visa.
We urge you not to attempt any travel outside the United States without checking with the Center for
International Faculty and Student Services to ensure that all necessary arrangements have been made.
Visits to Canada of Less than 30 Days' Duration
Citizens of certain countries may visit Canada from the U.S. for less than 30 days without first obtaining a
Canadian entry visa; this is of course conditional upon possession of proper U.S. immigration documents for re-
entry to this country. The list of those countries whose citizens do not need visas for brief travel to Canada
changes frequently. Before making plans to travel to Canada, it is best to call the Canadian consulate in New
York (212-586-2400) to check if you need a visa. The address of the Canadian consulate in New York is 1251
Avenue of the Americas, New York, NY, 10020.
When applying for an entry visa to Canada, you must take to the Canadian consulate your passport, I-94 and the
following document or documents, as appropriate to your immigration status: letter from department confirming
current employment (for H-1Bs); I-20ID (Student) Copy (for F-1s); IAP-66 form (for J-1s). You will also need to
bring these documents with you when you travel to and from Canada.
Unless you are an "exception" to the rule, you do not need a valid U.S. visa to return to the United States in a
status previously authorized by U.S. Immigration and Naturalization Service, nor will you surrender your I-94
when you cross into Canada. Exceptions are for citizens of certain countries with whom the U.S. does not have
friendly relations. If this is your case, you may be required to obtain a new visa before reentering from Canada. In
such cases, it may be risky to travel to Canada; you should speak with the international faculty adviser before
making travel plans.
Departure Requirements at End of Stay
When you plan to leave the university at the end of your stay, i.e., not for brief visits overseas, you must notify
the Center for International Faculty and Student Services of your forwarding address and date and method of
departure.
H-1B VISA INFORMATION
(INCLUDING H-4 DEPENDENTS)
Holders of H-1B status are professional temporary employees, i.e., they hold appointments which, at the time of
obtaining H-1B status, are or were temporary in nature. Tenure-track assistant professors, for example, may
eventually become permanent employees, but begin at Rutgers with three-year appointments.
The H-lB is employer-specific. H-lB status permits you to be employed only by the organization or organizations
which obtain U.S. Immigration and Naturalization Service's permission. H-1Bs many have more than one
concurrent employer only if each employer has separately applied for and obtained U.S. Immigration and
Naturalization Service's authorization.
H-lB authorization effectively has two parts: the first is your employer's authorization to employ you in H-1B
status; the second is your own approval for H-1B status. If overseas, you obtain your approval after getting a visa
at a U.S. consulate or embassy and then passing through an immigration inspection upon entering the U.S.; if you
are in the U.S., you obtain H-1B status from U.S. Immigration and Naturalization Service. In either case, your
approval has an ending date which is noted on your Form I-94. It is your personal responsibility to keep track of
this date and, if you wish to extend your H-1B status, to contact your supervisor 2 to 3 months prior to your
authorized expiration date so that he or she can request the center to process your extension application.
There is a six year maximum stay in H-1B status. This includes any time spent in H-lB status with other
employers. Only if you are out of the U.S. continuously for one year or more are you eligible for six additional
years. Should you hope or expect to remain at Rutgers for more than six years, please refer to "Rutgers
University's Policy on Sponsorship for Labor Certification and Permanent Residence" at the end of this chapter.
At least eight weeks before traveling outside the U.S., H-1B employees should check with the international faculty
adviser to be sure all paperwork is in proper order for reentry. Should you need to obtain a new visa (if your
current one has expired, or if you changed to H-1B from another status within the U.S.), you will need to pick up
your Form I-797 from the center. This form is official U.S. Immigration and Naturalization Service authorization
for Rutgers to employ you and must be presented at the U.S. consulate or embassy overseas to obtain an H-1B
entry visa.
Note: U.S. consulates in some countries are now requiring additional documentation beyond presentation of the
I-797 for all H-1B and H-4 (dependent) visa applicants. Also, in certain cases--and only for those who have an
expired or soon-to-expire
H-1B visa stamp already in the passport--it may be possible and advisable to arrange for an H-1B visa
revalidation prior to departure from the U.S. Special arrangements for either case must be made with the center at
least eight weeks in advance of travel.
Dependents of H-1Bs carry the H-4 visa designation. Under no circumstances are individuals in H-4 status
permitted employment in the United States.
J-1 VISA INFORMATION
(INCLUDING J-2 DEPENDENTS)
By legal definition, a J-1 exchange visitor is "a foreign national who has been selected by a sponsor to participate
in an exchange visitor program and who is seeking to enter or has entered the United States temporarily on a J-1
visa." Like most nonimmigrants, a J-1 exchange visitor is expected to have a residence in a foreign country which
he/she has no intention of abandoning. Rutgers, the State University of New Jersey, has been approved by the
United States Information Agency (USIA) as a designated Exchange Visitor Program sponsor. Such sponsorship
requires adherence to regulations governing the Exchange Visitor Program. Violation of these regulations not
only places the visitor in jeopardy of sanctions, but may also subject the University to possible decertification by
the USIA.
Most J-1 employees, post-doctoral researcher and visiting researchers at Rutgers will be on an IAP-66 issued by
Rutgers and will be in the "professor" or "research scholar" category. These categories limit you to a stay of
three years, with very rare exception. While the USIA distinguishes between "professors" and "research
scholars," it also recognizes that professors regularly conduct research and that research scholars often teach and
give lectures. Therefore, individuals in either category may freely engage in teaching and research at Rutgers
University. Exchange visitors may not come to the U.S. in either the "professor" or "research scholar" category
unless they are able to document that they have not been present in the U.S. in any J category or status (including
J-2 status) for more than six of the the 12 months that precede the new visit.
Another J-1 category frequently used by Rutgers is the "short term scholar" category. This category, which can
be used for teaching and/or research, is restricted to a visit of six months or less, and no extensions are possible.
(Note: in a few cases, those in J-1 status are here under sponsorship from another organization and/or are in the
"student" category. If this is your case, discuss with the international faculty adviser the regulations which govern
your stay, since the information which follows applies primarily to J-1s in the "professor," "researcher scholar"
and "short term scholar" categories under Rutgers' IAP-66 sponsorship, and may not be applicable to your
situation.)
The J-1 exchange visitor enters the U.S. with a Form IAP-66, and upon entry is given a Form I-94 which notes the
visitor's dates of authorized stay as "D/S." (See "Difference Between Visa and Dates of Authorized Stay" earlier
in this section.) This means that as long as the dates on the J-1 visitor's IAP-66 are still valid, the exchange visitor
is still pursuing the same activity at Rutgers University that is specified on the form, and the exchange visitor is
otherwise complying with J-1 regulations, the exchange visitor and his or her dependents will be considered to be
in status.
USIA regulations require all J-1 and J-2 visitors to have health insurance coverage at all times in J status in the
U.S. Visitors who wilfully violate this rule are considered to be terminated from their J programs, and are thus in
the U.S. without legal authorization, i.e., they are considered to have "overstayed." For individuals whose
employment at Rutgers will not include health insurance benefit, and for employees whose benefits will not begin
until after several months, the Center for International Faculty and Student Services offers low-cost health
insurance coverage that meets the regulatory requirements. In addition, the insurance coordinator at the center
has pamphlets on other insurance companies that have programs for international faculty and scholars and their
spouses.
It is the responsibility of those in J-1 status to have health insurance coverage at all times, to remain aware of
their IAP-66 expiration dates and, if they need to remain longer at Rutgers, to discuss this need with their
supervisors well in advance of their expiration date. If the needed extension is within the time restrictions
permitted by regulations and the supervisor agrees to extend the stay, the supervisor should be asked to initiate
an extension request to the center 2 months before the exchange visitor's stay expires. The exchange visitor must
then come to the center for processing the application, which involves signing a new IAP-66 to be submitted to
USIA as notification of the extension. If the needed extension exceeds normal time restrictions permitted by
regulations, the supervisor must contact the international faculty adviser at least 4 months in advance of the
visitor's expiration date to discuss whether it may be possible to apply to USIA for an extension. Such an
application will require the sponsoring department to present a convincing case to the USIA that "extraordinary
circumstances" exist and that extra time is needed to complete the program objectives; however, please be aware
that USIA is known to reject nearly 100% of these requests.
The J-1 professor/researcher/short term scholar on Rutgers' IAP-66 is normally limited to employment at Rutgers
in teaching and/or research directly related to his/her program objectives (as stated on the IAP-66). Employment
for reasons of financial necessity is not permitted to J-1 professors or research scholars, as the USIA expects
individuals in these J-1 categories to be adequately funded. Under some circumstances, however, a J-1 professor
or research scholar may be given permission to participate in occasional lectures and short-term consultations
with outside employers. Such circumstances are when the work: (1) is directly related to the objectives of the
exchange visitor's program; (2) is incidental to the exchange visitor's primary program activities; and (3) will not
delay the completion date of the exchange visitor's program.
Procedures for gaining permission to conduct occasional lectures or short-term consultations outside Rutgers
University are as follows:
Obtain a letter from the off-campus employer setting forth the terms and conditions of the offer to lecture or
consult, including the duration, number of hours per week, academic area or field in which the lecturing or
consulting is to occur, and a description of the activity you will undertake;
Obtain a letter from your department chair or center director recommending the activity and explaining how it will
enhance your program at Rutgers;
Bring both of the above letters to the Center for International Faculty and Student Services for review; if it is
determined by the international faculty adviser that the proposed occasional lectures or short-term consultations
meet the criteria set forth by the USIA, you will be given a letter so stating. Because regulations do not permit a
program sponsor to give more than a determination that the proposed employment meets regulatory criteria, you
will not be given "employment authorization" per se. It is for the proposed off-campus employer to decide whether
or not to accept this written determination as evidence of your eligibility to work there.
If you plan to transfer as a J-1 professor or research scholar to a different Exchange Visitor Program sponsor
after you leave Rutgers, you must obtain an IAP-66 from the new program sponsor, obtain a release signature
from the Center for International Faculty and Student Services at Rutgers, and complete program transfer
procedures with your new program sponsor.
While those J-1s in the "professor" or "research scholar" category may freely change from either category to
the other as needed, other categories of exchange visitors are not permitted by regulations to change their
category without specific USIA approval. USIA will only approve those cases which are deemed to be necessary
due to unusual or exceptional circumstances, and which are clearly consistent with and closely related to the
participants' original exchange objectives. It can take up to 6 months to get an answer from USIA on such a
request, and be aware that they are usually denied.
An important note about the two-year home country residence requirement: An exchange visitor at Rutgers will
be subject to this requirement if (1) his/her stay is financed in whole or in part, directly or indirectly, by the United
States government, the home government, or an international organization for the purpose of international
exchange; or (2) the government of the visitor's country of citizenship or permanent residence has filed a job skills
list with the U.S. State Department; this list specifies skills or knowledge considered to be in short supply in that
country. The international faculty adviser has the newest version of the "skills list" (revised effective March,
1997) and can be helpful, but not necessarily definite, in assessing whether a specific visitor is subject to the two
year requirement based on the skills list. Ultimately, however, the USIA reserves the right to make the final
determination about such mattters.
A visitor who is subject to the two-year requirement may not change to another immigration status without first
fulfilling the requirement. Under some circumstances, a visitor may apply for a waiver of this requirement;
however, such waivers are difficult to obtain. Further, the waiver process must be initiated well before the
expiration of the visitor's permission to stay in the U.S.--often one and a half years before. Contact the
international faculty adviser for further details.
The J-2 dependent is subject to any limitations of the J-1 principal. Therefore, if the J-1 principal is subject to the
two-year home residency requirement, his or her
J-2 dependents are also. J-2s are eligible to apply to the U.S. Immigration and Naturalization Service for
employment authorization. If it can be demonstrated that the J-2 income will not go to help support the J-1
principal at all, but that there is a true economic necessity for additional money to pay for J-2 expenses, the
application is likely to be approved. Applications are available in the center and must be submitted to the
appropriate U.S. Immigration and Naturalization Service office. J-2s must obtain an Employment Authorization
Document ("EAD") in order to be eligible to work and may not begin to work without the EAD.
F-1 VISA INFORMATION
(INCLUDING F-2 DEPENDENTS)
In some circumstances, post-doctoral researchers or adjunct instructors and other short-term employees may be
at Rutgers in F-1 status under F-1 sponsorship of their degree-granting institutions. This could occur if the F-1
student is authorized to pursue practical training or part-time employment. Be aware that F-1s are subject to a
complex set of regulatory requirements and that an application might be required for any of the following:
authorization to remain in the U.S. beyond the date on your I-20; extension of practical training authorization;
authorization to remain in F-1 status in the U.S. for more than eight years.
It is best to speak with the international faculty adviser about your individual situation in order to determine which
regulations, limitations and future visa options apply to you.
F-2 dependents are ineligible for employment in the United States.
TN STATUS (FOR CERTAIN CANADIANS ONLY)
Certain citizens of Canada are eligible to accept professional employment at Rutgers simply by applying at a U.S.
"Class A" port of entry for "TN" status. To do this, the applicant must present the following: (1) proof of
Canadian citizenship; (2) a letter on Rutgers letterhead which describes the teaching, research or other
professional activity in which he/she will be engaged, the dates of employment, the salary or stipend, and the
professional qualifications required for the position; (3) proof that he/she possesses the credentials required for
the position, e.g., for a post-doctoral position, evidence that the applicant possesses a doctoral degree.
There is an application fee and TNs are admitted to the U.S. for up to one year initially. Extensions may be
applied for on a year-by-year basis. Speak with the international faculty adviser to determine whether TN status
is a good option for you.
RUTGERS UNIVERSITY'S POLICY ON SPONSORSHIP FOR LABOR CERTIFICATION AND
PERMANENT RESIDENCE
The University has a strict official policy regarding sponsorship for labor certification and/or permanent residence.
For information on this policy, consult with your department chair. The official policy is contained in a document
entitled "Appointment of Foreign Nationals to University Positions."
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last updated August 19, 1997