Maintaining Status
IN PROGRESS - INTERNAL LINKS MAY NOT BE FUNCTIONAL
(Please note: The information in the following sections is intended for all J-1 exchange visitors except J-1 students. To find out more about J-1 student visas, visit International Students.)
In the immigration context, maintaining status means following the rules of the visa category. This begins at admission to the United States, and continues to include activities during the program, all the way through leaving the United States (or applying to change status) when required.
Maintaining status is extremely important. Status violations cause nonimmigrants to fall out of status, which may have consequences that include anything from being denied future visas and immigration benefits, to bars from entering the United States and deportation.
When entering the United States in J status, the primary purpose of the visit must be participate in the program with the sponsor as shown on the DS-2019. Any other activities must be incidental to this purpose, otherwise another appropriate visa should be pursued. J-1 exchange visitors and their J-2 dependents are permitted to attend a U.S. school during their time here as long as it is not the primary purpose (See Who Can Study?).
Maintaining status as a J-1 exchange visitor is not difficult. It is imperative to meet with an OIP Advisor for orientation upon arrival, thoroughly read ALL correspondence from OIP (typically sent to the utep.edu or miners.utep.edu account), review the relevant portions of our website, and contact us with questions at any point.
General Requirements to Maintain Status
J-1 exchange visitors MUST:
- Maintain an unexpired passport that is valid for at least 6 months into the future;
- Enter the United States within 30 days before the start of the program, but no later than the first day of the program;
- Immediately report arrival and attend an orientation meeting with an Advisor;
- Perform only activities consistent with and authorized by the program at the site of activity listed on the DS-2019;
- Report a change in site of activity before the change occurs;
- Refrain from frequent international travel, especially if it is not related to the program, and report if travel will be more than 30 consecutive days (or for a leave of absence of any duration);
- Not accept any additional employment offers without speaking to an OIP Advisor and receiving authorization (See F and J Employment);
- Report a new local U.S. address within 10 days of moving;
- Report changes in legal name or other contact information (foreign home address, phone number, personal email address);
- Report a change of funding;
- Request a shortening of the program end date if the program is completed more than two weeks before the planned end date (See Transferring, Extending, and Ending a Program);
- Request an extension before the end date if the program will not be completed by the planned end date. Some programs will not be eligible for extension (See Transferring, Extending, and Ending a Program);
- Leave the United States, transfer to another program, or request a change of status before the end of the 30-day grace period (See Transferring, Extending, and Ending a Program); and
- Maintain qualifying health insurance for the duration of the program (see Health Insurance).
Additional Requirements for Professors and Scholars
- Not accept or begin working in a tenure-track position (unless sponsored by the employer and eligible for a work visa)
Additional Requirements for Interns
- Work in the program at least 32 hours per week
- Not work in a position that is more than 20% clerical work
- Maintain student status at the home institution and intend to return to complete the program and graduate
Reporting Changes to OIP
Much of maintaining status simply involves contacting OIP when something changes so that we can update the record, and in some cases issue a new DS-2019. Some situations may require the exchange visitor to meet with an Advisor, but many just require submission of a Form.
Change of Site of Activity
To add or change a site of activity as listed on the DS-2019, complete the Student & Scholar DS-2019 Request Form on our Forms page (“Change of Information on DS-2019”) and submit it to our office with any relevant supporting documents BEFORE the change occurs. We will update SEVIS and issue a new DS-2019.
Extended Travel or Leave of Absence
To report international travel of more than 30 days or request a leave of absence from the program, complete the Extended Absence Request on our Forms page and submit it to our office with any relevant supporting documents at least a week in advance of the departure. A new DS-2019 may be issued upon return.
Change of Address, Name, or Contact Information
Nonimmigrants (temporary visa holders) and permanent residents (green card holders) are required by law to inform DHS of a change of address within the United States within 10 days of the move. Failure to do so is considered a violation of status. Exchange visitors report address change to OIP, and we report it to DHS through SEVIS.
To report a change of legal name, local U.S. address, foreign home address, U.S. phone number, or personal email address, email OIP@utep.edu with the new information and we will update our database. A new DS-2019 will only be issued for a legal name change.
Change of Funding
If a source of funding changes during the program (for example, gaining or losing a grant), complete the Student & Scholar DS-2019 Request Form on our Forms page (select “Change of Information on DS-2019”) and submit it to our office with any relevant supporting documents. A new DS-2019 will be issued.