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INTERNATIONAL STUDENT & SCHOLAR SERVICESOFFICE OF INTERNATIONAL AFFAIRS

3rd Floor, Oregon Hall | 5209 University of Oregon

(541) 346-3206 | intl@uoregon.edu (students) or ischolar@uoregon.edu (scholars)

ISSS PROGRAMS AND SERVICES

• International student and scholar immigration advising on travel, employment, maintaining legal status

• Immigration and visa document services for international students, academic departments, and hiring units

• Institutional immigration compliance and reporting

• Academic support programs for international students

• Financial aid and scholarship programs for international students

• Orientation and cultural adjustment programs for international students and scholars and dependents

Learn more at http://international.uoregon.edu/isss

ABOUT THIS WORKSHOP

The information in this presentation is intended as a high-level overview of travel issues for foreign national students, scholars, and visitors coming to the UO for an academic purpose.

• This presentation focuses on non-immigrant travel, i.e., travel for foreign nationals coming to the United States for a temporary or limited purpose such as study, teaching, or research.

• This presentation does not cover travel issues for persons planning to travel to the United States in order to establish a permanent residence in the U.S.

• For internal UO use only.

INTRODUCTION: BASIC U.S. TRAVEL PROCESSPrimary Purpose

Establish and maintain primary purpose for traveling to the U.S.

Travel Documents

Obtain and maintain travel documents appropriate to primary purpose

Arrival in U.S.

Present visa documents upon arrival in U.S.; receive and maintain immigration status

Departure

Depart the U.S. upon completion of activities related to primary purpose

PRIM

ARY P

URPOSE

PRIMARY PURPOSE OR ACTIVITY

Foreign nationals are admitted into the U.S. on the assumption that they have a legitimate primary purpose for coming to the U.S.

• Examples of legitimate purpose in academic contexts: full-time study, research, teaching, academic events and meetings, etc.

• The type of travel documents that are needed to enter the U.S. depends on establishing the primary purpose

• Person’s primary activities following arrival in U.S. should reflect the primary purpose; failure to pursue primary purpose may generate visa and immigration consequences

BASIC T

RAVEL

DOCUMENTS F

OR TRAV

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.S.

BASIC TRAVEL DOCUMENTS

Any foreign national seeking to travel to and enter (or re-enter) the United States should possess the following basic travel documents.

• Unexpired foreign passport

• Valid and unexpired entry visa

UNEXPIRED FOREIGN PASSPORT

A passport is a legal document that establish a person’s identity and citizenship. Passports should be valid at time of entry to the U.S., and for at least six months beyond the intended period of stay in the U.S.

• Important! International students and scholars should possess a valid passport throughout their respective stays in the United States and whenever traveling to/from the United States

• They should consult with their nearest consulate or embassy to get passports renewed or reissued in case of loss, theft, or imminent expiration within at least six months

PASSPORT COVER PAGE EXAMPLES

PASSPORT IDENTITY PAGE EXAMPLES

U.S. ENTRY VISA

A U.S. entry visa is a stamp affixed inside a person’s passport. It allows the person to request permission to enter the U.S. for a particular primary purpose.

• U.S. entry visas are issued by a U.S. embassy or consulate outside of the United States (visas are never issued from within the U.S.)

• A visa must be valid and unexpired in order to enter (or re-enter) the U.S., but may expire once the visa holder is already in the U.S. (visa expiration does not require termination of activity and/or departure from the U.S.)

• A person can hold multiple types of U.S. visas (e.g. student visa, visitor’s visa, etc.) but can only use one at any given time to enter the U.S.

• The type of visa presented upon arrival will determine rules and regulations that apply to the visitor during his/her stay in the U.S.

U.S. ENTRY VISA (EXAMPLE)

COMMON U.S. VISA TYPES IN HIGHER EDUCATION

Visa Type Label Primary Purpose / Activity

F-1 Student Full-time student

J-1 Exchange Visitor Exchange student or government sponsored student, visiting professors, post-docs, visiting research scholars, student interns

H-1B Temporary Worker in a Specialty Occupation

Tenure-track or qualified NTTF faculty and researchers; staff in specialized areas

B1 / B2; WB / WT

Visitor for Business (B1) or Pleasure (B2); Visa Waiver for Business (WB) or Tourism (WT)

Guest speakers, conference, participants, academic visitors to campus

TN1 / TN2 NAFTA Treaty Professionals Canadian / Mexican nationals hired to a NAFTA-eligible position

VISA APPLICATIONS

Foreign nationals apply for entry visas at U.S. embassies or consular posts located in their home countries (or, in rarer cases, third countries).

• The type of visa they apply for depends on their primary reason or purpose for coming to the U.S.

• Consular procedures (including visa application fee payment methods) and timelines vary from location to location

• Supplementary documents are typically required; what types will depend on visa type (discussed next section)

VISA DELAY / DENIAL REASONS

Foreign nationals may experience delays or denials of their U.S. visa applications. Some common scenarios include:

• The person has not shown to the consular office’s satisfaction that the person will continue to maintain a permanent residence in her home country to which he/she will return

• The person is placed under administrative processing (security reviews, especially common for students / scholars studying or researching high-technology or scientific subject areas)

• The person is found to have a record of immigration or other kinds of legal violations that may lead to the foreign national being deemed “inadmissible”

WHEN IS A VISA NOT NEEDED?

A valid U.S. entry visa is needed only for the purpose of entering (or re-entering) the United States from abroad. However, a visa is not needed in certain circumstances:

• The person is a citizen of Canada (except in certain limited cases)

• The person is already in the U.S. and does not intend to travel

• The person is already in the U.S. but only intends to make a short-term trip of less than 30 days directly to and returning directly from Canada, Mexico, or the adjacent islands of the Caribbean

• The person is seeking admission as a short-term business visitor or tourist under the Visa Waiver Program (http://travel.state.gov/content/visas/english/visit/visa-waiver-program.html)

INITIAL ENTRY INTO THE U.S. – HOW EARLY?Once a student or scholar receives her visa, she may not be

able to make an immediate initial (first) entry into the U.S. For instance, visa regulations limit arrival dates for students and scholars as follows:

• F-1 Students: no earlier than 30 days prior to start of academic program

• J-1 Exchange Visitors: no earlier than 30 days prior to start of exchange program

• H-1B Temporary Workers: no earlier than 10 days prior to start of authorized employment

CBP INSPECTION UPON ARRIVAL IN U.S.

When a foreign national arrives in the U.S., she will be greeted by a U.S. Customs and Border Protection (CBP) officer.

• The officer will inspect the person’s passport, entry visa, and other supplementary documents in order to determine her eligibility to be admitted into the United States.

• The CBP officer then creates an I-94 admission record for the visitor

• The I-94 admission record – not the person’s visa – is legal evidence of a person’s immigration status and duration of authorized stay in the U.S.

• The I-94 record is needed for employment authorization / verification, Social Security, DMV applications, and other types of benefits that require proof of legal status in the United States

I-94 EXAMPLES (PAPER & ELECTRONIC) ISSUED UPON ARRIVAL

https://i94.cbp.dhs.gov

I-94 (VIA CHANGE OF STATUS)

In certain cases, a person may change to a different immigration status after arriving in the U.S.

When this happens, she will receive a new I-94 admission record via mail.

MAINTAINING STATUS AFTER ARRIVAL IN U.S.Part of the travel process for foreign nationals entails

maintaining valid status while in the United States.

• Maintain valid passport and other supplementary documents as necessary

• Pursue activities consistent with primary purpose for which initial entry to U.S. was made

• Accept compensation / employment only when authorized

• Maintain and update residential address information while residing in the U.S.

• Depart U.S. in a timely manner

SUPPLE

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SUPPLEMENTARY DOCUMENT REQUIREMENTSWhile a foreign national will need a valid passport and (in

most cases) a valid U.S. entry visa to enter the United States, she will also need to carry supplementary documents depending her primary purpose and on the type of visa that she is carrying.

Supplementary documents may be required or recommended depending on visa type and whether the person is making an initial entry to the U.S. or a subsequent re-entry.

SUPPLEMENTARY DOCUMENTS

Visa Type Required Supplementary Documents

Other Documents

F-1 Student Visa • Form I-20 from student’s school• I-901 SEVIS fee receipt• Employment Authorization Card

(if student is on post-completion OPT)

• Proof of admission (or ongoing full-time enrollment)

• Proof of financial ability

J-1 Exchange Visitor Visa

• Form DS-2019 from visitor’s J-1 visa sponsor

• I-901 SEVIS fee receipt

• Proof of admission (enrollment), employment, or appointment

• Proof of financial resources

H-1B Temporary Worker

• Form I-797 Notice of Action authorizing H-1B employment for worker

• Copy of Form I-129 petition for worker

• Contract or employment offer or evidence of ongoing employment

• CV

TN NAFTA Professional

• Letter from TN employer detailing job offer and job requirements

• Employee’s educational credentials and CV

• Copy of NAFTA Appendix 1603.D.1

B1 / B2 Visitor • Evidence of temporary stay in U.S. (itinerary, departure plans)

• Evidence of purpose of visit to U.S. (e.g., invitation letter, meeting schedules)

• Evidence of home country employment or residence

• Hotel reservations, accommodations information

F-1 STUDENT

An F-1 student is a foreign national sponsored by an institution for the purpose of pursuing a full course of study (full-time program) at that institution.

• An F-1 student receives a Form I-20 directly from her school, which also acts as the student’s immigration sponsor

• The I-20 reflects the school name and address, the student’s field of study and academic objective, expected program start and end dates, financial requirements and resources, and any employment recommendations or authorizations

FORM I-20 (P. 1)At the University of Oregon, all I-20s are issued by International Student and Scholar Services.

NOTE: The Department of Homeland Security is in the process of making significant revisions to this form; the anticipated release date for the new version is June 2015.

F-1 STUDENTS ON OPT

F-1 students who have completed their degree requirements may be eligible to apply for post-completion Optional Practical Training (OPT). OPT allows a student to pursue training opportunities in the major field of study with any U.S. employer.

• OPT is authorized by the U.S. Citizenship and Immigration Services (USCIS) upon recommendation of the student’s international advisor

• Standard OPT is a maximum of 12 months; certain STEM majors may apply for a 17-month extension following the initial 12 months

• A student authorized to do OPT must have a Form I-20 annotated for OPT as well as an I-766 Employment Authorization Card issued by USCIS

I-20 (PAGE 3 WITH OPT RECOMMENDATION)

I-766 EMPLOYMENT AUTHORIZATION CARD

Indicates that an Employment Authorization Card is not a substitute for a valid U.S. entry visa

J-1 EXCHANGE VISITOR

J-1 Exchange Visitor visas are used to sponsor multiple types of activities – including study, teaching, research, internships, and more – that promote international educational and cultural exchange.

• In higher education, J-1s usually fall under one of the following categories: students (includes student interns); research scholars; professors; short-term scholars; and specialists

• J-1 exchange visitors can be sponsored by a university or by a third-party organization (such as a scholarship administering agency)

• J-1 exchange visitors are here for temporary educational and cultural exchange – e.g., as exchange or government-sponsored students, visiting professors / researchers

FORM DS-2019

DS-2019 forms for J-1 Exchange Visitors may be issued by the University of Oregon or another sponsor, such as the Institute of International Education (for Fulbright sponsorees)

H-1B TEMPORARY WORKERS

H-1B temporary workers are employees sponsored for ‘specialty occupations,’ i.e., jobs that require a BA degree or above in a specialized field or disciplinary area.

• H-1B workers are sponsored by a qualified employer(s) for qualified positions

• Employment authorization is granted by the U.S. Citizenship and Immigration Services (USCIS)

• At the UO, the Office of International Affairs processes all H-1B petitions for UO academic and administrative units

• Petitions can take 2-6 months to process from initial intake to final USCIS approval

I-797 APPROVAL NOTICE

The US Citizenship and Immigration Services issues an I-797 Notice of Action to an employer when it has approved an H-1B petition for a particular beneficiary (employee).

DEPART

URE FROM T

HE

U.S.

DEPARTURE FROM THE U.S.

A part of the travel process for foreign nationals is making timely departure from the United States.

• NOTE: A person does not need to leave the United States simply because her passport or U.S. entry visa has expired.

• A person may be expected to depart, however, once she has completed her primary purpose or is no longer pursuing the primary purpose for which she originally traveled to the U.S. • Has she completed his intended primary objective or purpose?• Has her primary objective changed? • Has she committed an immigration or other kind of legal violation?

NOTIFY OFFICE OF INTERNATIONAL AFFAIRSDepartments should contact the Office of International Affairs – or direct individual foreign students and scholars to OIA – in case of major events, which can affect future travel plans

• Early termination of study, employment, research activity

• Failure to appear at UO or failure to pursue primary activity (study, teaching, research, etc.)

• Beneficiary listed on a current, ongoing application for immigration extensions, change of immigration status, permanent residency, etc.

• Temporary or permanent relocation of activity to different (including foreign) sites of activity

• Student or scholars facing legal action of some kind

QUESTIONS?

International Student and Scholar Services

Office of International Affairs

3rd Floor, Oregon Hall

Tel: (541) 346-3206

Email: intl@uoregon.edu (student issues)

Email: ischolar@uoregon.edu (scholar issues)

Web: http://international.uoregon.edu/isss