This web page outlines the procedures to follow if you need to extend your permission to stay in this country in order to accomplish your original program objective as a J-1 exchange visitor.

When to Extend

Your permission to stay in the United States ends on the expiration date of your I-94 Departure Record card -- unless the card is marked "Duration of Status" or "D/S." In that case your permission to stay will expire 30 days after the date shown in item #3 of your Form DS-2019, "Certificate of Eligibility for Exchange Visitor (J-1) Status."

Your J-1 Responsible Officer

To extend your permission to stay in the United States, you must first obtain a new Form DS-2019 from your J-1 Responsible Officer, who will need proof of your eligibility before issuing the Form. If your J-1 sponsor is your school then your Responsible Officer is probably your international student/scholar adviser. If your J-1 sponsor is an agency, and if you are uncertain how to reach your Responsible Officer, your school's international adviser will help you find out.

Eligibility

You are eligible to apply for an extension of stay if:

• You are working toward the objective shown on your most recent Form DS-2019;
• You are maintaining your status as a J-1 Exchange Visitor;
  
• You can demonstrate adequate funding for the period of the proposed extension; and
• You are maintaining health insurance coverage as required by the U.S. Department of State for yourself and any accompanying dependents.

Limit of Stay

• Research Scholars or Professors have an opportunity to extend to a new limit of 5 years. (See 5-Year Rule below for further details).
• Specialists are limited to one year, with no extensions after.
• Short-Term Scholars are limited to 6 months with no extensions.
• Non-Degree Students in a Prescribed Course of Study are limited to a 2-year stay.

Procedures

• About two months before your permission to stay expires, contact your J-1 Responsible Officer about an extension. Ask for instructions on how to proceed.
• In most cases, your supervisor in your hosting department will want to discuss the need for an extension of your stay prior to making a request to ISSP. If you feel an extension is needed, you should contact your supervisor or department to initiate the process. If it is agreed that you need more time to remain in the Program, a request for the extension should be submitted by the department.
• Document a renewal of your affiliation with your institution, adequate funding for yourself and dependents, and adequate insurance coverage for yourself and dependents, for the period of your extension. If your Program Sponsor is Emory University, your department will then need to submit a request form for your extension.
• Upon receipt of the request for extension from the department and supporting documentation (proof of health insurance and funding), your J-1 responsible officer will issue you a new Form DS-2019 extending your stay.
• If your I-94 card has been marked with a "D/S," then your procedure for extension has been concluded. If your I-94 card is marked with a specific end date rather than "D/S," then you will need to finalize the extension either through travel or application.
• The 5-year rule: For those in the Research Scholar and Professor category: The New 5-year rule went into effect November 17, 2006. The changes in regulations state that scholars in these two categories of the J visa may be extended up to a 5-year limit. There are no fees and no application to Immigration required. Departments must simply request an extension through Peoplesoft.
• IMPORTANT: After completion of an program (any length of time) as a J-1 Research Scholar or Professor, the scholar will be barred from repeating a J Research Scholar or Professor program for two years. (This is not referring to the 2-year home country physical presence requirement.)

Extending Your Stay by Leaving the United States and Reentering Because of a Specific Ending Date on the I-94 Card:

If you go abroad and come back into this country using the new Form DS-2019, then your re-entry will extend your permission to stay. However, the 'leaving and reentering" procedure may not work if you travel to Canada, Mexico, or the Caribbean islands for less than 30 days. This is because the U.S. Citizenship and Immigration Services (USCIS) inspector at the port of entry may hand back your Form DS-2019 intact and unmarked, and refuse to record your re-entry. If that happens to you, you will have to proceed as though you had not gone abroad, and either leave North America and re-enter, or else carry out either the "Notification" or the "Application" procedure outlined below.

If you do leave North America you will need a valid J-1 visa stamp to reenter this country (unless you are a Canadian national). If yours has expired, you will have to apply for a new one at a United States consulate abroad. Besides Form DS-2019 and your passport, and those of your dependents if they will be accompanying you, the Visa Officer may want to see proof of funding (for example a letter of award or support, a bank statement, documentation of income, etc.). Your dependents will need J-2 visas, and you should be prepared to show proof of marriage to your spouse and parenthood of each child.

Extending Your Stay by Application (much less convenient) Because of a Specific Ending Date on the I-94 Card:

• Complete Form I-539, "Application to Extend/Change Nonimmigrant Status."
• For your own records make photocopies of all items in the application: Form I-539, the check or money order for the fee, Form DS-2019 (copy both sides of the white page), copies of prior Forms IAP-66 or DS-2019, and your I-94 Departure Record card and those of your J-2 dependents (copy both sides of the I-94 cards even if they have nothing written on the back).
• Mail the application to one of the four USCIS mail-in Service Centers listed in the "Where to File" section of the directions to Form I-539. Disregard the first paragraph of that section, which tells you to mail J extensions to your local USCIS office. That practice has been changed since Form I-539 was last revised.
• Send the application via some kind of secure mail that will give you a receipt. The least expensive type, and slowest, is certified mail.

If your application for extension of stay reaches USCIS by the expiration date on your I-94 Departure Record card, you may legally continue any authorized employment for up to eight months while the application is pending (J-2 work authorization is not protected by the eight-month cushion; it expires on the date shown on the Employment Authorization Document).

Your extension of stay will probably not take eight months, but delays of two or three months are by no means uncommon. Advance planning is particularly important if your permission to stay expires on the day you graduate, and you need your extension to start employment for "Academic Training" shortly thereafter. While USCIS has your I-94 Departure Record card, you will not be able to enter other countries in North America, but you will probably be able to travel to another continent. Consult your J-1 Responsible Officer, who will have to provide a new Form DS-2019.

After you have extended your stay inside the country, avoid a common mistake if you travel abroad. Do not assume that with an approved extension of stay you can reenter this country from another continent with an expired J-1 visa stamp in your passport (unless you are a Canadian national). If your J-1 visa stamp has expired, you will have to apply at a consulate for a new one in order to reenter the United States as a J-1 Visiting Professor or Research Scholar.

Caution

Extension of your permission to stay is your responsibility. If you forget the deadline and apply late, you risk denial. If you are employed and overlook the date, you will be working illegally. Since such mistakes can have serious consequences, you should make certain that you apply well in advance (one month is recommended) if you need to extend your stay.