On July 31, 2020 DHS filed a motion to dismiss its own appeal of a decision about Unlawful Presence for Fs and Js. For now, USCIS has returned to applying prior policy guidance based on its unlawful presence memo issued on May 6, 2009. Under that prior policy, F/J students admitted for duration of status (D/S) do not begin accruing unlawful presence until an immigration judge finds a status violation in the course of an immigration proceeding, or an immigration officer finds a violation of status in the course of an application for an immigration benefit.
Below are BIO's tips on properly maintaining your J-1 Exchange Visitor status to keep your immigration record safe and secure:
- Report change of address, U.S. phone number, and email address to J scholar portal within 10 days of change. If you already have a J scholar portal account you can log in to your existing account. If you have not yet created an account you will need to do so at the same link.
- Report any changes to J-2 email addresses within 10 days of change to Berkeley International Office (Jscholar@berkeley.edu).
- Your legal J-1 visa/immigration status is only valid as long as you are maintaining your appointment with UC Berkeley and are engaging in research and/or teaching at UC Berkeley as noted on your Form DS-2019.
- J-1 Exchange Visitors are only allowed to receive payment as specifically noted on the Form DS-2019 unless given prior written authorization from the J Exchange Visitor program sponsor.
- For detailed information, see our Off-campus Payment Authorization page.
- Extending Program: Contact your department 4 months prior to the end date on your Form DS-2019. Your department must submit a J extension request to the Berkeley International Office. Please note that you must receive your extended Form DS-2019 prior to the end date of your current DS-2019 to ensure a continuation of your legal visa/immigration status and to avoid accruing unlawful presence.
- Keep your passport valid: Contact your home country embassy or consulate should your passport require renewal.
- Before any international travel, ensure you will have the necessary travel documents for your return and obtain a travel signature from BIO if needed. BIO generally recommends that the signature be current within 10 months of your re-entry date.
The Department of Homeland Security allows Exchange Visitors an additional period of 30 days following the end date of his or her Form DS-2019 to prepare for departure:
- CANNOT extend J program during the 30-day grace period.
- CANNOT conduct research/teach/work or get paid during the 30-day grace period.
- CANNOT transfer during the 30-day grace period.
- J-1 scholars must inform both the host department and Berkeley International Office (Jscholar@berkeley.edu) if they will be ending their program more than 15 days before the end date of the Form DS-2019.
- J-1 scholars must inform the Berkeley International Office (Jscholar@berkeley.edu) if accompanying J-2 dependents’ final departure from the U.S. is prior to the scholars’ departure date.
- You, and your J-2 dependents, must maintain health insurance coverage that meets J-1 federal guidelines for the entire length of your program.
- For resources and requirements, please see our Health Insurance page.