IT IS THE RESPONSIBILITY OF EACH INTERNATIONAL VISITOR TO MAINTAIN PROPER VISA STATUS AND TO FILE FOR AN EXTENSION OF STAY IN A TIMELY MANNER. THE INFORMATION BELOW IS VERY GENERAL. PLEASE CHECK WITH THE OFFICE OF ENROLLMENT SERVICES IF YOU HAVE QUESTIONS.

Each person in the United States in a nonimmigrant (temporary) visa class is expected to:

1.	Maintain status by engaging only in those activities required by the visa class and by refraining from those activities prohibited by the visa class;
2.	Leave the U.S. at the end of the authorized stay or file an application for extension of stay, and
3.	Maintain a valid passport.

The most common temporary visa classes at South are "H," "J," "O," and "TN."

Special Note: The U.S. Citizenship and Immigration Services (U.S. CIS) requires all aliens to report their home addresses in the U.S. within 10 days of arrival or change. To obtain this form, go to the U.S. CIS web site at:  http://uscis.gov/files/form/ar-11.pdf

H VISA CLASS

REQUIRED ACTIVITIES FOR MAINTAINING STATUS:

H-1B workers must continue to work ONLY for the employer that filed the H petition. If the employer/employee relationship ends or if there are substantive changes in the employment, then the H visa class based on the specific job ends and the H-1B worker must leave the U.S. or have another H petition filed for new employment. If new employment is being sought, the application must be filed before the current employment ends.

H-4 dependent spouse or child is in status only while the H-1B is in status. H-4 dependents are not eligible for any employment authorization. An H-4 dependent who works is out of status even though the H-1B still may be in status.

EXTENDING STAY:

H-1B workers may enter the U.S. no earlier than 10 days before the start date listed on the I-797. They cannot work longer than the end date listed on the I-94. They are, however, permitted 10 days after the end date on their I-94 to pack and prepare to leave, but they cannot work. This grace period is granted only if they are not planning to extend their H-1B. If filing an application for extension of stay, the petition must be at the U.S. CIS before the expiration date on the I-94 card and may be filed up to 6 months before the I-94’s expiration date. Please note that an H-1B temporary worker can remain in this visa class not more than six (6) years from the original date of entry as an H-1B or the date s/he was granted a change of status to H visa class.

H-4 dependents’ extensions are filed at the same time as the H-1B.

EMPLOYMENT AUTHORIZATION:

H-1B workers are authorized only for the employment described in the H-1B petition (e.g., title, hours, and worksite) and only until the ending date of authorized stay noted on the I-94 card or until the employment ends, whichever comes first. The H-1B may work only for the employer who filed the H petition. If collaborative work is done for multiple employers, each employer must file a separate petition.

H-4 dependents are not permitted to work. An H-4, however, may qualify for a separate, independent visa class that does permit work.

EXTENDING EMPLOYMENT AUTHORIZATION:

H-1B workers automatically extend their employment authorization when they extend their stays in this visa class.

J VISA CLASS

REQUIRED ACTIVITIES FOR MAINTAINING STATUS:

INSURANCE REQUIRMENT: All J-1 and J-2 visa holders ARE REQUIRED to carry health insurance that meets specifications outlined in the J regulations in order to maintain their visa status.

J-1 students must pursue the course of study required by their South Alabama programs or schools and must make satisfactory progress toward a specific educational objective.

J-1 scholars at South Alabama usually are admitted in one of the following J-1 categories: researcher, professor, short-term scholar, and alien physician. If you are uncertain of the J-1 category you hold, refer to Item #4 on your DS-2019 to see which category is marked. All J-1 scholars, regardless of category, must engage ONLY in the approved activities for which the DS-2019 was issued (e.g., teach, conduct research, train). These activities must take place either at South Alabama or at another location, only if specifically authorized in writing by the J- visa sponsor. J-1 scholars are permitted to take courses to supplement or enhance their research, but they may not enroll as full-time students pursuing a degree since this will change their objective from teaching and research to one of study.

NOTE: If your activities, supervisor, or the location of your activities will change, contact the Office of Enrollment Services prior to these changes so that we can assist you in obtaining the proper visa documentation.

J-2 dependent spouse or child is in status only while the J-1 is in status. A J-2 dependent who works without U.S.CIS authorization is out of status even though the J-1 still may be in status.

EXTENDING STAY:

J-1 students and scholars are admitted either until the ending date on their DS-2019 or until their program ends, whichever comes first. They then are permitted to remain in the U.S. 30 days to pack and travel, but NO WORK IS PERMITTED during this 30-day grace period. For example, if the DS-2019 ends September 30^th, then the authorized stay will end 30 days later on October 30^th. An extension is filed by completing a request through the Student and Exchange Visitor Information System (SEVIS) before the ending date listed on the current DS-2019. You should contact the Office of Enrollment Services at least 1 month before your current DS-2019 expires if you wish to apply for an extension. J-1 students may stay for the time needed to complete the educational program they are pursuing. If they need to stay beyond the ending date listed on their DS-2019, they must contact the Office of Enrollment Services.

J-1 professors and researchers have a 5-year time limit on their stays in this visa class.

J-1 short-term scholars have a 6-month time limit on their stays in this visa class. No extensions are possible.

J-1 alien physicians sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG) have a maximum 7-year time limit on their stays in this visa class. Only under exceptional and unusual circumstances will the EVP grant an additional 12-month extension.

J-2 dependents’ extensions are filed at the same time as the J-1s.

EMPLOYMENT AUTHORIZATION:

J-1 students under South Alabama’s J-1 sponsorship (i.e., J-1 students whose DS-2019 forms were issued by South Alabama), are permitted to work on campus only if the employment is part of a scholarship, fellowship, etc. connected to the course of study. No other work is permitted unless specifically authorized in writing by the Office of Enrollment Services. Students sponsored by other agencies (refer to Item #2 on the DS-2019 to identify your sponsor), must obtain permission in writing from their J-1 visa sponsors prior to working on campus. On-campus employment is limited to 20 hours a week when school is in session and to 40 hours a week during holidays and school vacations. Other J-1 students can obtain authorization to work off campus for the purpose of academic training.

J-1 scholars (i.e., researchers, professors, short-term scholars, alien physicians, trainees) are authorized only for the employment associated with the activities described by the hiring department, with the activities ending on the date listed in Item #3 on the DS-2019. NO outside employment is permitted.

J-2 dependents must apply to the U.S. CIS for work authorization by filing Form I-765 with the appropriate fee and supporting documents. If work authorization is granted, then any work is permitted until the employment termination date indicated on the I-766, Employment Authorization card (EAD), as long as the J-1 principal remains in status. If the J-1 violates status, changes from J-1 to some other nonimmigrant class, or leaves the J program altogether, the work authorization for the J-2 dependent ceases to be valid.

EXTENDING EMPLOYMENT AUTHORIZATION:

J-1 students authorized for academic training can extend their work authorization through the Office of Enrollment Services. The maximum time allowed varies based upon the previous study and the kind of work.

J-1 scholars automatically extend their work authorization when they extend their stays. It is important to note that a J-1 scholar is authorized to work only to the date on the DS-2019 unless a timely application for an extension has been filed.

J-2 dependents may extend their work authorization after their stays have been extended with the J-1 principal’s extension. The J-2 must follow the same filing procedures as before by submitting a Form I-765 to U.S. CIS with the appropriate fee and supporting documentation.

O VISA CLASS

REQUIRED ACTIVITIES FOR MAINTAINING STATUS:

O-1 workers must work only for the employer that filed the O petition. If the employer/employee relationship ends or the job title changes, then the O visa class-based job ends and the O-1 worker must leave the U.S. or file another O petition for the employer or new job.

O-3 dependent spouse or child is in status only while and if the O-1 is in status. O-3 dependents are not eligible for any employment authorization. Any O-3 dependent who works is out of status, even though the O-1 still is in status. An O-3, however, may qualify for a separate, independent visa class that does permit work.

EXTENDING STAY:

O-1 workers are admitted until 10 days beyond the date listed on their I-94 cards; however, they may work only until the date listed on the I-94. The additional 10-day period is granted to allow time to make travel plans and leave the U.S., not to work. The U.S. CIS must have received an extension petition before the expiration date on the I-94, and it may be filed up to 6 months before the I-94 expires. There is no maximum time one can hold O-1 status, but O-1 extensions are given in 1-year increments or less.

O-3 dependent extensions are filed at the same time as the O-1’s.

EMPLOYMENT AUTHORIZATION:

O-1 workers are authorized only for the actual employment described in the O-1 petition and only until the ending date of authorized stay noted on the I-94 card or until the employment ends, whichever comes first. The O-1 may work only for the employer who filed the O petition. If collaborative work is done for several employers, each employer must file a separate petition.

O-3 dependents are not permitted to work. However, an O-3 may qualify for a separate, independent visa class that does permit work. Should an O-3 dependent work, she/he will be out of status even though the O-1 still is in status.

EXTENDING EMPLOYMENT AUTHORIZATION:

O-1 workers automatically extend their employment authorizations when they extend their stays in this visa class.

TN VISA CLASS

REQUIRED ACTIVITIES FOR MAINTAINING STATUS:

TN workers must work only for the employer that sponsored them for the TN. If the employer/employee relationship ends, then the TN visa class based on the job ends and the TN worker must leave the U.S. or apply for a TN visa class through another employer.

TD dependent spouse or child is in status only while the TN is in status. TD dependents are not eligible for any employment authorization. Should a TD dependent work, she/he will be out of status even though the TD still is in status.

 EXTENDING STAY:

TN workers are admitted only until the date listed on their I-94 cards and may work only until that date which should be one year from the date of entry or the date of the change to TN status. An extension must be filed on the proper form with supporting documents and the appropriate fee at the Office of Enrollment Services. One also may obtain a new TN by reentering the U.S. and presenting the proper documentation and fee to the Immigration Service at the port of entry. The U.S. CIS must have received an extension petition before the expiration date on the I-94, and it may be filed up to 90 days before the I-94 expires. Please note that TN status is given in one-year increments. There is no maximum time one can hold TN status, but one may be required to show evidence of temporary (non-immigrant) intent for each extension or new application.

TD dependent extensions are filed at the same time as the TN’s.

EMPLOYMENT AUTHORIZATION:

TN workers are authorized only for employment described in the appointment letter and only until the ending date of authorized stay noted on their I-94 cards or until the actual employment ends, whichever comes first. The TN may work only for the employer whose appointment letter accompanied the TN petition or was presented at the port of entry. If collaborative work is to be done with several employers, then each employer must write a separate appointment letter to either accompany the TN petition or to be presented at the port of entry.

TD dependents are not permitted to work. The dependent, however, may qualify for a separate, independent visa class that does permit work.

EXTENDING EMPLOYMENT AUTHORIZATION:

TN workers automatically extend their employment authorizations when they extend their stays in this visa class.