Maintaining Visa Status

Once accepted, a record is created in SEVIS (Student and Exchange Visitor Information System).  The international student will then receive a Form I-20 or DS-2019 from their Designated School Official (DSO)  or Alternate Responsible Officer (ARO) depending on their program of study and purpose for coming to the United States.  This form reflects the information in the SEVIS record. 

The Certificate of eligibility should reflect your major field of study, education level, and dates of attendance.   If this information changes, your SEVIS record will need to be updated and a new I-20 or DS-2019 will need to be issued. 

• F Students: Form I-20, Certificate of Eligibility for Nonimmigrant Student Status – For Academic and Language Students. 
• J Students: Form D-2019, Certificate of Eligibility for Nonimmigrant Student Status – For Exchange Visitors  

You are only authorized to attend the school listed on the Certificate of Eligibility.

Address Reporting 

As an F-1 or J-1 student, you must report your local address within 10 days of your move-in order to comply with immigration regulations. This is the street address where you are residing; box numbers cannot be used. This is done via myUK.  The update in myUK will automatically notify our office and we will update your SEVIS record.  If you have completed your degree and are pursuing Optional Practical Training,  you must report your address within 10 days by completing the OPT Reporting e-form in iCAT.   

Finishing Early or Before the I-20/DS-2019 End Date 

The I-20 or DS-2019 end date is an estimated completion date. It may or may not be the date you actually complete all your degree requirements. The Form I-20/DS-2019 is only valid when you are pursuing the degree listed on your Form I-20/DS-2019. International students in F-1 or J-1 status cannot remain in the U.S. to pursue other educational objectives which are not part of the degree program listed on your Form I-20/DS-2019 (e.g. taking additional courses or credits, engaging in internships which don’t count toward the total credits required for the degree).  If you complete your program early,  you will begin the immigration grace period (30 days for J-1 students, 60 days for F-1 Students).

It is important that your passport be valid at all times. Make plans to renew it 6 months prior to its expiration. Check with your country’s embassy for instructions to renew your passport. Keep in mind that to enter the U.S., your passport must be valid a minimum of 6 months into the future.

A student visa is a travel document you receive from a U.S. consulate or embassy that gives you permission to travel to the United States.   The visa stamp does not determine status or length or stay.  If your visa stamp has expired, you are permitted to remain in the U.S. as long your SEVIS status is active.  If you plan to travel outside the U.S. during your academic program and your visa stamp has expired, you must have it renewed at a U.S. consulate or embassy while outside of the U.S.  

Upon entry to the U.S., a CBP officer will place an admission stamp on your passport and create an electronic I-94 record.  The I-94 is official proof of your entry as a nonimmigrant. The admission stamp will indicate your date of entry, class of admission (F-1, J-1) and admitted until date (D/S).  

 

D/S is a notation made at the port of entry on your I-20 and Form I-94 Arrival-Departure Record. You are admitted to the US for "duration of status," which is defined as the time during which you are pursuing a full course of study and making normal progress toward your degree. This also includes the time you may be on Optional Practical Training (OPT) after you complete your studies (if you qualify and are so authorized), plus a 60 day grace period. 

Once you have entered the U.S., you will be able to access your I-94 admission record online here. You will be required to enter your passport number and entry information in order to obtain your I-94 record. 

When applying for jobs on campus or requesting benefits from agencies such as the Social Security Administration, Driver’s License Office, or U.S. Citizenship and Immigration Services, you will print the record from the CBP website. If there is an error or mistake on your I-94, please contact UKIC for assistance in locating the nearest CBP office.

Students in the US on F-1 and J-1 visas are required to carry a full course of study each semester.  Full-time Enrollment Requirements:  

• Undergraduate – 12 credit hours  
• Graduate – 9 credit hours  
• ESL – 20 classroom hours 

International students in F-1 visa status must be enrolled in their final term of study.   Although summer enrollment is not normally required, students completing degree requirements during the summer term will be required to enroll.

Students who are suspended from the University for any reason are out of status and the SEVIS record will be terminated.  Students who suspect that they might be suspended at the end of the academic term should check their academic status with their respective colleges before leaving the country on vacation. If they return and discover that they have been suspended, they will lose their student status.  The 60-day grace period does not apply to students who do not complete their program.

Regaining Status by Travel 

Regaining status by traveling requires you to depart the U.S. and attempt to re-enter on a new SEVIS record and I-20.  You will be required to pay a new SEVIS I-901 fee before re-entering.  If you are permitted re-entry in F-1 status, your new SEVIS record will be activated.   To travel back to the U.S., you must have a valid F-1 visa stamp.  

Regaining Status by Reinstatement 

F-1 students who have remained in the U.S. beyond their authorized period or have otherwise failed to maintain F-1 student status for fewer than 5 months may be reinstated to lawful F-1 status. Students may apply to the Department of Homeland Security (DHS) for reinstatement only if the violation resulted from circumstances beyond their control. Reinstatement is intended to be a rare benefit for exceptional cases. If the request is denied, the decision may not be appealed. 

Students must submit the Reinstatement Request to the main office in Bradley Hall after proving that they: 

• are currently pursuing, or intend to pursue, a full course of study at a school which issued the I-20, 
• have not been employed without authorization, 
• have established that their failure to maintain student status was due to circumstances beyond their control or that failure to receive reinstatement would result in extreme hardship, 
• have not been out of status for more than 5 months, and 
• are not deportable on any ground other than failing to maintain status.

Unlawful presence is not counted (i.e., the count is tolled, which means, suspended) during the period that a timely-filed F or M reinstatement application is pending. 

• J-1 students must be supported substantially by funding from any source other than personal or family funds, unless the exchange program is carried out pursuant to a written agreement between an American and foreign education institution or government. 
• F-1 students have no restrictions on the sources of funding. 
• J-1 students must be able to demonstrate that they have sufficient funds to cover the entire duration of their program of study. 
• F-1 students must demonstrate that they have funding for the first year, with the continued ability to access adequate funding.

• UK has assessed an F-1/J-1 Immigration Fee in the amount of $100.00 each fall and spring semester, for all F-1 and J-1 enrolled international students.  This fee is necessary to cover costs associated with continued compliance with the regulatory obligations of the Department of Homeland Security.  The fee can be viewed on the Registrar’s website. 

• J-1 students are allowed to change to higher degree, but cannot move from one degree level to a lower degree, or from non-degree to degree seeking student.  They must also remain in the same field of study as listed on the DS-2019 used for entry to the US. 
• F-1 students have no restrictions on either changing degrees or fields of study.

• J-1 students must have the authorization of their Responsible Officer (RO) or Alternate Responsible Officer (ARO) for all employment. 
• F-1 students do not need the authorization of their Designated School Official (DSO) for on-campus employment.  For other types of employment off-campus, they must have either the authorization of their DSO or must apply to the US Citizenship & Immigration Services.

• J-1 students have 30 days. 
• F-1 students have 60 days.

• J-2 dependents can apply for work authorization and can pursue a degree. 
• F-1 dependents can neither work nor pursue a degree.

• Certain J-1 students are subject to the Two-Year Home Country Residency Requirement.  
  • For more information about requesting a waiver of the requirement, please visit the Department of State’s website here.
• F-1 students are not subject to this requirement.

The F-2 spouse of an F-1 student may not engage in full-time study.  F-2 dependents may study part time in any certified program at a school certified by the Student and Exchange Visitor Program (SEVP), so long as the study does not amount to what regulations define as full time for an F-1 student. F-2 children may only engage in full time study if it is in an elementary or secondary school (kindergarten through twelfth grade). 

There are no restrictions on study for J-2 dependents; however, they can maintain their status only as long as their spouse is in J-1 status.

Individuals in F-2 status may not accept employment or engage in business under any circumstances.  F-2 dependents are not eligible for Social Security numbers.

Individuals in J-2 status may accept employment if they have received authorization from the USCIS. 

J-2 dependents may apply for an Employment Authorization Document (EAD) from USCIS by submitting the I-765 application.  The form can be found at www.uscis.gov in the Forms tab.   Employment cannot begin before the start date on the EAD. 

CONDITIONS 

• The J-1 Exchange Visitor must be in valid status. 
• The income derived from the employment may not be used to support the J-1 spouse. 
• Employment may begin only after receiving the Employment Authorization Document (EAD) from USCIS.  Employment cannot continue past the expiration date of the EAD, so it is advisable to file for an extension no later than 3 months before it expires.  The EAD with a new expiration date must be received before employment can continue. 
• The EAD authorizes employment with no restrictions regarding the employer or the salary. 

HOW TO APPLY     

• Form I-765 found at www.uscis.gov   
  
  Answer to #16 on I-765 is (C) (5). 
• Letter to the USCIS requesting permission to work 
• Copy of I-94 of J-1 and J-2 (https://i94.cbp.dhs.gov) 
• Copies of current SEVIS DS-2019 of J-1 and J-2 

• Copy of previous Employment Authorization Document (EAD), if applicable. 
• Filing fee as noted on the I-765 instructions, with payment to “Department of Homeland Security” 
• Copy of the following passport pages: 

• Biographical page 
• J-2 visa 
• Include passport renewal page, if applicable 

• Two photographs placed in a small envelope. 
• Lightly print in pencil name of J-2 and I-94 Departure number on the back of each photo. 

Mail completed application to address listed on the USCIS website. 

EMPLOYMENT ELIGIBILITY VERIFICATION 

When you begin work, your employer will ask you to complete Form 1-9, which requires you to document your work authorization.  Your EAD card is acceptable proof both of your identity and your permission to work. 

If your J-2 status expires, so will your EAD.  If your J-1 spouse is approved for an extension of status, you will be issued an extended DS-2019.  This is required before you can apply for an extension of your EAD. When you have the new EAD, you will need to update the Form 1-9 with your employer.  A pending application for extension of status or for a new EAD does not authorize you to continue working 

SOCIAL SECURITY NUMBER 

You cannot apply for a Social Security number until you receive your employment authorization.   Upon receiving your EAD, you can obtain a Social Security card by submitting the following documents to the Social Security Administration (SSA): 

• Passport 
• Copy of I-94  
• DS-2019 
• EAD 
• SS-5 form (obtained at www.ssa.gov or at the SSA office) 

Social Security Administration, Suite 110, 2241 Buena Vista Rd., Lexington, Kentucky 40505 

TAXES 

The earnings of J-2 dependents are subject to applicable federal, state, and local taxes, and Social Security, and employers are required by law to withhold those taxes from paychecks.  Every year by April 15, you must file an income tax return with the Internal Revenue Service (IRS) covering the prior calendar year.  The return determines whether you owe more taxes or will receive a refund.

F-2 and J-2 dependents may depart and re-enter the United States with proper documentation.  If a dependent wishes to travel outside the US for a temporary visit, they must be sure that their I-20 or DS-2019 is endorsed for travel by a Student Immigration Specialist in Bradley Hall.  Once signed, the travel signature is valid for one year. 

If a dependent travels outside the United States and seeks readmission, they will need to have the following: 

• A current Form I-20/ DS-2019 that certifies admissibility, (i.e. signature on page 3 approving travel). Each dependent must have an individual Form I-20 or DS-2019 
• A valid visa unless from Canada or Bermuda 
• The primary (F-1 or J-1) must be in active student status 

Change of status by traveling requires you to depart the U.S. and apply for a F or J visa at an U.S. consulate or embassy.   When you re-enter the U.S. with your new visa and I-20/DS-2019, you will gain your new F or J status.  

Before your visa appointment, you must pay the SEVIS I-901 fee.

Changing your immigration status inside the US requires that you submit an application to USCIS.  Filing inside the U.S., allows you to remain in the U.S. while the application is pending.  Processing of the change of status application through the USCIS can be lengthy.  You can check the current I-539 processing times on the USCIS website. Please note that visa stamps are not issued for a change of status application.  If you wish to travel abroad after your status has been changed, you will need to apply for a visa at a U.S. embassy or consulate to return to the U.S. 

The status change to F-1 or J-1 must be approved prior to enrolling in classes. If your change of status has not been received in time to begin school on the date indicated on the I-20 or DS-2019, contact your admissions officer and have it deferred until the next semester.  

You must maintain your current, or other, nonimmigrant status while your Form I-539 is pending.  You may be required to file a bridge application to continue maintaining status. For more information see the USCIS special instructions. If changing status inside the US, we recommend consulting with an immigration attorney about requirements for filing.

Application and supporting documents should be sent to USCIS. These documents will include but are not limited to:

• Form I-539 
• Form I-539A* (https://www.uscis.gov/i-539)
• Pay the SEVIS Fee and print receipt 
• Prepare filing fee: Check/Money Order made payable to ‘U.S. Department of Homeland Security' 
• See I-539 instructions for required supporting documents

* The revised Form I-539 includes the following significant changes: 

• Every co-applicant included on the primary applicant's Form I-539 must submit and sign a separate Form I-539A, which will be available on the Form I-539 webpage on March 11. Parents or guardians may sign on behalf of children under 14 or any co-applicant who is not mentally competent to sign.
• Every applicant and co-applicant must pay an $85 biometric services fee, except certain A, G, and NATO non-immigrants as noted in the new Form I-539 Instructions to be published on March 11.
• Every applicant and co-applicant will receive a biometric services appointment notice, regardless of age, containing their individual receipt number. The biometric services appointments will be scheduled at the Application Support Center (ASC) closest to the primary applicant's address. Co-applicants who wish to be scheduled at a different ASC location should file a separate Form I-539.

USCIS will reject any Form I-539 that is missing any of the required signatures or biometrics fees, including those required for Form I-539A.

A few weeks after you mail your application to change status, you can expect to receive a “Notice of Action” document (acknowledgment of receipt).  With the receipt number, you can track your “case status” at: www.uscis.gov.

The F-2 spouse of an F-1 student may not engage in full-time study.  F-2 dependents may study part time in any certified program at a school certified by the Student and Exchange Visitor Program (SEVP), so long as the study does not amount to what regulations define as full time for an F-1 student. F-2 children may only engage in full time study if it is in an elementary or secondary school (kindergarten through twelfth grade). 

There are no restrictions on study for J-2 dependents; however, they can maintain their status only as long as their spouse is in J-1 status.

Individuals in F-2 status may not accept employment or engage in business under any circumstances.  F-2 dependents are not eligible for Social Security numbers.

Individuals in J-2 status may accept employment if they have received authorization from the USCIS. 

J-2 dependents may apply for an Employment Authorization Document (EAD) from USCIS by submitting the I-765 application.  The form can be found at www.uscis.gov in the Forms tab.   Employment cannot begin before the start date on the EAD. 

CONDITIONS 

• The J-1 Exchange Visitor must be in valid status. 
• The income derived from the employment may not be used to support the J-1 spouse. 
• Employment may begin only after receiving the Employment Authorization Document (EAD) from USCIS.  Employment cannot continue past the expiration date of the EAD, so it is advisable to file for an extension no later than 3 months before it expires.  The EAD with a new expiration date must be received before employment can continue. 
• The EAD authorizes employment with no restrictions regarding the employer or the salary. 

HOW TO APPLY     

• Form I-765 found at www.uscis.gov   
  
  Answer to #16 on I-765 is (C) (5). 
• Letter to the USCIS requesting permission to work 
• Copy of I-94 of J-1 and J-2 (https://i94.cbp.dhs.gov) 
• Copies of current SEVIS DS-2019 of J-1 and J-2 

• Copy of previous Employment Authorization Document (EAD), if applicable. 
• Filing fee as noted on the I-765 instructions, with payment to “Department of Homeland Security” 
• Copy of the following passport pages: 

• Biographical page 
• J-2 visa 
• Include passport renewal page, if applicable 

• Two photographs placed in a small envelope. 
• Lightly print in pencil name of J-2 and I-94 Departure number on the back of each photo. 

Mail completed application to address listed on the USCIS website. 

EMPLOYMENT ELIGIBILITY VERIFICATION 

When you begin work, your employer will ask you to complete Form 1-9, which requires you to document your work authorization.  Your EAD card is acceptable proof both of your identity and your permission to work. 

If your J-2 status expires, so will your EAD.  If your J-1 spouse is approved for an extension of status, you will be issued an extended DS-2019.  This is required before you can apply for an extension of your EAD. When you have the new EAD, you will need to update the Form 1-9 with your employer.  A pending application for extension of status or for a new EAD does not authorize you to continue working 

SOCIAL SECURITY NUMBER 

You cannot apply for a Social Security number until you receive your employment authorization.   Upon receiving your EAD, you can obtain a Social Security card by submitting the following documents to the Social Security Administration (SSA): 

• Passport 
• Copy of I-94  
• DS-2019 
• EAD 
• SS-5 form (obtained at www.ssa.gov or at the SSA office) 

Social Security Administration, Suite 110, 2241 Buena Vista Rd., Lexington, Kentucky 40505 

TAXES 

The earnings of J-2 dependents are subject to applicable federal, state, and local taxes, and Social Security, and employers are required by law to withhold those taxes from paychecks.  Every year by April 15, you must file an income tax return with the Internal Revenue Service (IRS) covering the prior calendar year.  The return determines whether you owe more taxes or will receive a refund.

F-2 and J-2 dependents may depart and re-enter the United States with proper documentation.  If a dependent wishes to travel outside the US for a temporary visit, they must be sure that their I-20 or DS-2019 is endorsed for travel by a Student Immigration Specialist in Bradley Hall.  Once signed, the travel signature is valid for one year. 

If a dependent travels outside the United States and seeks readmission, they will need to have the following: 

• A current Form I-20/ DS-2019 that certifies admissibility, (i.e. signature on page 3 approving travel). Each dependent must have an individual Form I-20 or DS-2019 
• A valid visa unless from Canada or Bermuda 
• The primary (F-1 or J-1) must be in active student status 

Until there is additional guidance from DHS, international student athletes should approach NIL questions with caution. It is recommended that international students should seek advice from an experienced immigration lawyer before entering into an NIL agreement or engaging in compensated NIL activity. Klasko Law is providing free 15 minute consults for students. See below to sign up.

klaskolaw.com/consult

Request: Nigel James

For more information on NIL agreements and international students, please see the NAFSA website.  

If you are experiencing financial difficulties, please submit your financial situation to the UK Center for Support and Intervention (CSI) here. 

The Center for Support and Intervention (CSI) is a group of individuals working in the UK Dean of Students office and they try to find resources to help students with difficulties they face as a student at UK.   

Also, you can consider applying for Severe Economic Hardship employment.  This is employment authorization available to F-1 students who are experiencing unexpected and severe economic hardship.   The authorization is granted by an application submitted to USCIS.  USCIS makes case-by-case decisions for off-campus employment for students who can show that new, unexpected circumstances beyond their control have created severe economic hardship. You can find more information here.

Scholarship applications are accepted beginning in April each year with a deadline of May/June.  The awards are granted for one academic year (fall/spring).  For example, the International Student Scholarship applicants in 2021 were awarded for fall 2021 and spring 2022.  International students are encouraged to apply during this time.  However, if you miss the deadline and/or discover later that you have financial difficulties in paying tuition, please explain your financial needs in an email to isss@uky.edu.   An ISSS staff member will reach out to you with information about resources which may be available to you.