It is the responsibility of each international visitor to the United States to maintain proper immigration status, to refrain from unauthorized work, and to file for an extension of stay in a timely manner. The information below will help you understand how to meet those responsibilities so that you can qualify for and take advantage of the options that your temporary status in the U.S. offers. Please check with the International Office (IO) if you have questions.

This document discusses the most common nonimmigrant (temporary) immigration classification at Duke. They are “E,” “F,” “H,” “J,” “O,” and “TN.”

Persons in the U.S. in a nonimmigrant (temporary) immigration classification are expected to:

1. maintain status by engaging only in those activities required by the immigration class, refraining from those activities prohibited by the immigration class, and refraining from unauthorized work;
2. leave the U.S. through an appropriate port at the end of the authorized stay or file an application for extension of stay in a timely manner,
3. maintain a valid passport (in some cases Canadians are not required to carry passports, but it is strongly recommended that they do so), and
4. report their home address in the U.S. within 10 days of arrival or within 10 days of any change of address. Those in F-1 and J-1 status meet this obligation for themselves and their F-2 and J-2 dependents through address reporting to Duke. Others must make the report directly to the Department of Homeland Security (DHS). For details and instructions see, “Address Reports Required of Aliens in the U.S.”

The “principal” nonimmigrants (E-3, F-1, H-1, J-1, O-1, and TN) are expected to meet these obligations for themselves. “Dependent” nonimmigrants (E-3D, F-2, H-4, J-2, O-3, and TD) must meet the obligations associated with their status. Spouses are considered to be adults and are responsible for meeting the requirements of their status. Parents are generally responsible for the status of their dependent children who are unmarried and under age 21. When children become adults at age 21 or marry and thus begin separate families, they can no longer be carried as E-3D, F-2, H-4, J-2, etc. dependents of their parents, and are responsible for obtaining and maintaining their own lawful status. Persons who are not spouses or children of the principal cannot hold dependent status.

E NONIMMIGRANT CLASS
The Department of State (DOS) maintains a very informative FAQ on its web site. Click here to go to the web site.

E Nonimmigrant Class - Required Activities for Maintaining Status
E-3 workers may enter the U.S. 10 days before the start date as specified by the employer on the Labor Condition Application (LCA) and appointment letter. They cannot work before the start date or after the end date listed on those documents. They must engage in the work for the employer that filed the LCA and in the work specified on the LCA and in the appointment letter.

E-3D dependent spouse or child is in status only while the E-3 is in status. The E-3D dependents cannot remain in the U.S. if the E-3 principal leaves the U.S. for an extended period of time. For more information see “30-Day Absence…”

E Nonimmigrant Class - Extending Stay
E-3 workers may work only during the period specified on the LCA and I-94. Each period of employment has a 2-year limit, but can be renewed indefinitely. If filing an application for extension of stay, the petition must be at DHS before the expiration date on the I-94 card and may be filed up to 6 months before the expiration date on the I-94. The IO will contact your department 6 months before your current stay expires to determine if the department wants to extend your employment.

E-3D dependent extensions are generally filed at the same time as the E-3 extension.

E-3 Nonimmigrant Class - Employment Authorization
E-3 workers are authorized only for the employment described in the E-3 petition (e.g., title, hours, work site, duties, and so on). Employment authorization terminates on the earliest of the following dates:

• the ending date of authorized stay noted on the I-94,
• the ending date on the LCA,
• the actual date that employment ends, or
• whenever there is a substantive change in the employment (title, hours, etc. see above).

If the E-3 employment ends, the E-3 status ends. Per the DOS web site, there is 10-day “grace period” to allow time to change to a new employer.

Generally the E-3 must work for the employer that filed the LCA. Please note the following variations and the actions required.

• If the E-3 wishes to do collaborative work for multiple employers, each employer must file a separate LCA and E-3 petition (if in the U.S.) for that specific work before the work begins.
• If the employer/employee relationship ends, then the E-3 immigration class based on the specific job ends, and the E-3 worker must leave the U.S. or have another E-3 LCA filed by a new employer for new employment. If the worker is seeking transfer to or addition of a new employer or new job, then the new employer should file the new E-3 petition before the current employment ends. The E-3 permits a gap of up to 10 days between the old and new employer/employment.
• If there are substantive changes in the employment (new title or position, new department, new kind of work, etc.), then the E-3 employer must file a new E-3 petition for the new work before that work begins.

E-3 workers must file to extend their E-3 status before the current work permission ends in order to maintain status and continue uninterrupted work. Persons remaining in the U.S. may extend their stay at the same time that they extend their E-3 employment. The E-3 extension is granted in increments of no more than two years. It can be granted in shorter increments. Sometimes the extension is limited by the expiration date of the passport. Those traveling outside the U.S. sometimes extend their stay by reapplying at a U.S. embassy or consulate. In some cases those traveling abroad may need to visit a consulate to get a new visa stamp before re-entering the U.S.

E-3 dependents may apply to the Department of Homeland Security (DHS) for permission to work.

F NONIMMIGRANT CLASS

F Nonimmigrant Class - Required Activities for Maintaining Status
F-1 students must carry a full course of study and must make reasonable progress toward a degree, certificate, or other similar educational objective. The federal regulations permit only 3 exceptions:

• During the first term, a student may carry a reduced course load due to an inability to handle the academic rigors of the program. This reduced course load requires appropriate recommendation from a faculty adviser to the IO and approval by the IO before the student drops any courses.
• Illness for a term or semester that makes the student unable to continue studies. This reduced course load requires appropriate recommendation from a licensed physician, or similar health care professional, to the IO, and approval by the IO before the student drops any courses.
• During the last term or semester needed to complete the degree, the student may register only for those courses needed to complete the degree. Failure to complete the degree during this final term can place the student out of status, so we strongly recommend that you talk with the IO and your academic adviser before reducing course load during the final term. At Duke this exception primarily affects undergraduate students. Those in graduate programs do not have a “course load” in the traditional undergraduate sense; they must engage in full-time pursuit of the degree as determined by the graduate program.

F-2 dependent spouse or child is in status only while the F-1 is in status. An F-2 dependent who works has violated status, even though the F-1 still may be in status. An F-2 dependent is not permitted to engage in full-time study in a degree program.

F Nonimmigrant Class - Extending Stay
F-1 students are admitted either until the ending date on the I-20 or until the program ends, whichever comes first. They are permitted to remain in the U.S. for an additional 60-day “grace period” to allow time to pack and to travel inside the U.S. No work or enrollment in school is permitted during this 60-day grace period. For example, if the I-20 ends on 15 May, then the authorized stay will end 60 days later on 14 (not 15) July. The grace period permits additional time inside the U.S. If you leave the U.S. during the grace period, then you cannot return in that status.

F-1 students are admitted for “duration of status,” noted as “D/S” on the I-94 Arrival/Departure card. This means that a student’s stay in the U.S. is authorized for as long as the student is enrolled in school and is carrying a full course of study, provided that appropriate extensions and transfers are filed and the student does not engage in unauthorized employment. Students are expected to complete their studies in a reasonable amount of time. If the length of stay at one degree level is longer than usually required for that degree, the student must timely file for an extension of stay to maintain status. You should contact the IO at least 2 months before your current stay expires if you wish to apply for an extension. For more detailed information see “F-1 Student Extension of Stay”

F-2 dependent extensions are filed at the same time as the F-1’s.

F Nonimmigrant Class - Employment Authorization
F-1 students may receive income in the U.S. in the form of scholarships and fellowships. In addition, F-1 students have various on-campus and off-campus employment options such as assistantships, practical training, etc. Before accepting any employment or payments from U.S. sources, contact the IO to determine whether you are permitted to engage in that employment and to obtain appropriate authorization. Remember that unauthorized work is a violation of status.

F-1 students may engage in on-campus employment without specific authorization if the work does not exceed 20 hours per week during regular terms/semesters and may work full-time during official school holidays and vacations. Students must complete Duke Payroll Office paperwork before beginning employment on campus. Off-campus employment authorization requires either a letter issued by the IO or an Employment Authorization Document (EAD), Form I-766, issued by DHS. Although the F-1 student is admitted for “duration of status,” F-1 work authorization has specific time limits. The student’s off-campus employment authorization ends on the expiration date of the school’s authorization letter or the end date of the EAD. If the student loses F-1 status, then all work authorization ends immediately.

F-1 students with employment authorization may extend this authorization by applying to the IO or the DHS, depending on the kind of work authorization the F-1 has. It is very important to file an extension request in a timely manner prior to the ending date of the current authorization. Filing requirements differ depending upon the kind of employment authorization being sought.

F-2 dependents are not permitted to work. An F-2, however, may qualify for a separate, independent immigration class that does permit work. Examples include the F-1, H-1B, J-1, O-1, or TN. An F-2 dependent who works has violated status even though the F-1 still may be in status.

H NONIMMIGRANT CLASS

H Nonimmigrant Class - Required Activities for Maintaining Status
H-1B workers must work only for the employer that filed the H-1B petition, and may engage only in the work specified and described in the appointment letter and in the H-1B petition. See the section on “H Nonimmigrant Class – Employment Authorization” for more details.

H-4 dependent spouse or child is in status only while the H-1B is in status. The H-4 dependents cannot remain in the U.S. if the H-1 principal leaves the U.S. for an extended period of time. For more information see “30-Day Absence…”

H Nonimmigrant Class- Extending Stay
H-1B workers may enter the U.S. no earlier than 10 days before the start date listed on the I-797 Approval Notice. They cannot work prior to the start date listed on the I-797. If filing an application for extension of stay, the petition must be at DHS before the expiration date on the I-94 card and may be filed up to 6 months before the expiration date on the I-94. The IO will contact your department 6 months before your current stay expires to determine if the department wants to extend your employment. Please note that H-1B temporary workers can remain in this immigration class not more than six (6) years. H-1B extensions are given in increments of 3 years or fewer.

H-4 dependent extensions are generally filed at the same time as the H-1B extension.

H Nonimmigrant Class - Employment Authorization
H-1B workers are authorized only for the employment described in the H-1B petition (e.g., title, hours, work site, duties, and so on). Employment authorization terminates on the earliest of the following dates:

• the ending date of authorized stay noted on the I-94,
• the ending date on the I-797 Approval Notice,
• the actual date that employment ends, or
• whenever there is a substantive change in the employment (title, hours, etc. see above).

If the H-1B employment ends, the H-1B status ends. There is no “grace period” to remain in the U.S. after the ending date of employment.

The H-1B may work only for the employer that filed the H petition. Please note the following variations and the actions required.

• If the H-1B wishes to do collaborative work for multiple employers, each employer must file a separate petition for that specific work before the work begins.
• If the employer/employee relationship ends, then the H-1B immigration class based on the specific job ends, and the H-1B worker must leave the U.S. or have another H-1B petition filed for new employment. If the worker is seeking transfer to or addition of a new employer or new job, then the new employer must file the new H-1B petition before the current employment ends. In general, the H-1B does not permit a gap in H-1B status.
• If there are substantive changes in the employment (new title or position, new department, new kind of work, etc.), then the H-1B employer must file a new H-1B petition for the new work before that work begins.

H-1B workers must file to extend their H-1B status before the current work permission ends in order to maintain status and continue uninterrupted work. Persons remaining in the U.S. may extend their stay at the same time that they extend their H-1B work petitions. The H-1B extension is generally granted in increments of no more than three years. It can be granted in shorter increments. Sometimes the extension of stay is limited by the expiration date of the passport. Those traveling outside the U.S. sometimes extend their stay by using the new extended H-1B work approval to enter the U.S. In some cases those traveling abroad may need to visit a consulate to get a new visa stamp before entering the U.S.

H-4 dependents are not permitted to work. An H-4, however, may qualify for a separate, independent immigration class that does permit work. Examples include the F-1, H-1B, J-1, O-1, or TN. An H-4 dependent who works has violated status even though the H-1B still may be in status.

J NONIMMIGRANT CLASS

J Nonimmigrant Class - Required Activities for Maintaining Status
INSURANCE REQUIRMENT: All J-1 and J-2 immigration classification holders are required to carry health insurance that meets specifications outlined in the J regulations in order to maintain their immigration status. J-1 Summer Work Travel participants must carry specific insurance designated by Duke. If you have questions concerning this requirement, please refer to the document, The J-Exchange Visitor Health Insurance Requirement.

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

J-1 scholars at Duke usually hold one of the following J-1 categories: researcher, professor, short-term scholar, specialist, or alien physician. In this document we will use the term “scholar” to refer to that entire group unless otherwise indicated. 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 Duke or at another location specified and authorized in writing by the J-1 immigration sponsor prior to the commencement of those activities. J-1 scholars are permitted to take courses to supplement or enhance their research, but they may not enroll in a full-time degree program, as this will change their objective from “teaching and research” to “study.” Note that if your activities, your supervisor, or the location of your activities will change, you must contact the IO prior to these changes so that we ensure that the new circumstances are consistent with your immigration status.

J-1 Summer Work Travel (SWT) students may engage in a variety of employment and travel activities permitted under this category. SWT students are not permitted to work as domestic or household servants in a private home, nor to engage in door-to-door sales. SWT students must maintain contact with their Duke hosts during their entire stay in the U.S.

J-2 dependent spouse or child is in status only while the J-1 is in status. The J-2 dependents cannot remain in the U.S. if the J-1 principal leaves the U.S. for an extended period of time. For more information see “30-Day Absence…”

J Nonimmigrant Class - Extending Stay
J-1 students and scholars are admitted either until the ending date on the DS-2019 or until the program ends, whichever comes first. They are permitted to remain in the U.S. for an additional 30-day “grace period” to allow time to pack and to travel inside the U.S. No work is permitted during this 30-day grace period. For example, if the DS-2019 ends on 31 July, then the authorized stay will end 30 days later on 30 (not 31) August. The grace period permits additional time inside the U.S. If you leave the U.S. during the grace period, then you cannot return in that status.

J-1 Students may stay for the time needed to complete the educational program they are pursuing, but must keep the ending date on the DS-2019 valid into the future at all times.

J-1 Professors and Researcher Scholars have a 5-year time limit on their stays in this immigration class. DOS does not permit extensions beyond 5 years.

J-1 Short-term Scholars have a 6-month time limit on their stays in this immigration class. DOS does not permit extensions beyond 6 months.

J-1 Specialists have a 12-month time limit on their stays in this immigration class. DOS does not permit extensions beyond 12 months.

J-1 Summer Work Travel students’ stay is limited to 4 months or the length of the student’s summer vacation, whichever is shorter. DOS does not permit extensions beyond these limits.

J-1 Alien Physicians sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG) have a maximum 7-year time limit or the time required to complete the training program, whichever is shorter. Only under exceptional and unusual circumstances will the EVP grant an additional extension.

In all cases, the J-1 should contact the IO at least 2 months before the current DS-2019 expires in order to apply for an extension. For more information see Duke Sponsored J-1 Extension of Stay.

J-2 dependent extensions are generally filed at the same time as the J-1 extension.

J Nonimmigrant Class - Employment Authorization
J-1 students under Duke’s J-1 sponsorship, and whose DS-2019 forms were issued by Duke, 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 IO in advance. Students sponsored by other agencies (refer to Item #2 on the DS-2019 to identify your sponsor), must obtain permission in writing from the J-1 sponsors that issued the DS-2019 prior to working on campus. On-campus employment is limited to 20 hours per week while school is in session and full-time during holidays and school vacations. J-1 students can obtain authorization to work off campus for the purpose of academic training.

J-1 scholars are authorized only for the employment associated with the activities described in the addendum to the cover letter accompanying the DS-2019. Item #3 of the DS-2019 indicates the ending date of the authorized activities. No outside employment is permitted unless the IO specifically authorizes it in advance and in writing.

J-2 dependents may apply to DHS for work authorization by filing Form I-765 with the appropriate fee and supporting documents. If DHS grants work authorization, then any kind of work is permitted until the employment termination date indicated on the I-766, Employment Authorization card (EAD), provided 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 terminates. For more information see “J-2 Work Authorization Procedures”

A J-2 dependent who works without DHS authorization is out of status even though the J-1 still may be in status.

J-1 students and scholars extend their work authorization by contacting the IO and following the specific procedures for their J-1 category and kind of work. J extensions require the support of the relevant department. The maximum employment time allowed varies based upon the previous study and the kind of work.

J-2 dependents may extend their work authorizations by submitting an application, Form I-765, to DHS with the appropriate fee and supporting documentation. One of the supporting documents is evidence of extension of stay for the J-1 principal, so the J-2 must wait for the J-1 extension in order to file for work authorization extension.

O NONIMMIGRANT CLASS

O Nonimmigrant Class - Required Activities For Maintaining Status
O-1 workers must work only for the employer that filed the O-1 petition, and may engage only in the work specified and described in the appointment letter and in the O-1 petition. See the section on “O Nonimmigrant – Employment Authorization” for more details.

O-3 dependent spouse and children are in status only while the O-1 is in status. The O-3 dependents cannot remain in the U.S. if the O-1 principal leaves the U.S. for an extended period of time. For more information see “30-Day Absence…”

O Nonimmigrant Class - Extending Stay
O-1 workers may enter the U.S. no earlier than 10 days before the start date listed on the I-797 Approval Notice. They cannot work prior to the start date listed on the I-797. If filing an application for extension of stay, the petition must be at DHS before the expiration date on the I-94 card and may be filed up to 6 months before the expiration date on the I-94. The IO will contact your department 6 months before your current stay expires to determine if the department wants to extend your employment. There is no maximum time one can hold O-1 status; the duration of stay is related to the event or project on which the O-1 is working. O-1 extensions are given in increments of 1 year or less.

O-3 dependent extensions are generally filed at the same time as the O-1 extension.

O-1 Nonimmigrant Class - Employment Authorization
O-1 workers are authorized only for the employment described in the O-1 petition (e.g., title, hours, work site, duties, and so on). Employment authorization terminates on the earliest of the following dates:

• the ending date of authorized stay noted on the I-94,
• the ending date on the I-797 Approval Notice,
• the actual date that employment ends, or
• whenever there is a substantive change in the employment (title, hours, etc. see above).

The O-1 may work only for the employer that filed the O petition. Please note the following variations and the actions required.

• If the O-1 wishes to do collaborative work for multiple employers, each employer must file a separate petition for that specific work before the work begins.
• If the employer/employee relationship ends, then the O-1 immigration class based on the specific job ends, and the O-1 worker must leave the U.S. or have another O-1 petition filed for new employment. If the worker is seeking transfer to or addition of a new employer or new job, then the new employer must file the new O-1 petition before the current employment ends. In general, the O-1 does not permit a gap in O-1 status.
• If there are substantive changes in the employment (new title or position, new department, new kind of work, etc.), then the O-1 employer must file a new O-1 petition for the new work before that work begins.

O-1 workers must file to extend their O-1 status before the current work permission ends in order to maintain status and continue uninterrupted work. Persons remaining in the U.S. may extend their stay at the same time that they extend their O-1 work petitions. Sometimes the extension of stay is limited by the expiration date of the passport validity. Those traveling outside the U.S. sometimes extend their stay by using the new extended O-1 work approval to enter the U.S. In some cases those traveling abroad may need to visit a consulate to get a new visa stamp before entering the U.S.

O-3 dependents are not permitted to work. An O-3, however, may qualify for a separate, independent immigration class that does permit work. Examples include the F-1, H-1B, J-1, O-1, or TN. An O-3 dependent who works has violated status even though the O-1 still may be in status.

TN NONIMMIGRANT CLASS

TN Nonimmigrant Class - Required Activities for Maintaining Status
TN workers must work only for the employer and engage only in the work specified in the appointment or contract letter written by the employer. See the section on “TN Status – Employment Authorization” for more details. Note that Canadian citizen TN workers and their TD dependents are not required to carry passports or get visa stamps, but it is strongly recommended that Canadians carry passports. Mexican citizen TN workers and their TD dependents are required to carry passports and get visa stamps.

TD dependent spouse and children are in status only while the TN is in status. The TD dependents cannot remain in the U.S. if the TN principal leaves the U.S. for an extended period of time. For more information see “30-Day Absence…”

TN Nonimmigrant Class - 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 or less from the date of entry in TN status or the date of the change to TN status. If filing an application for extension of stay inside the U.S., the petition must be at DHS before the expiration date on the I-94 card and may be filed up to 6 months before the expiration date on the I-94. If filing for extension by exiting the U.S. and processing a new TN through admission at the border, the TN should leave the U.S. on or before the ending date of the current I-94, and must obtain a new I-94 at the port of entry. The IO will contact your department 6 months before your current stay expires to determine if the department wants to extend your employment. There is no maximum time one can hold TN status, but TN status is given in one-year increments, and each extension or new entry requires a showing of nonimmigrant intent – i.e. the intention to return home at the end of employment.

TD dependent extensions are filed at the same time as the TN extension. A TN who chooses to process extension by exit and reentry must take the entire TD family to the port for processing. Just processing the TN extension at the port does not extend the stay of TDs who remain behind in the U.S. Remember that the ending date on the I-94 is the ruling document regarding when authorized stay ends.

TN Nonimmigrant Class - 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 the I-94 card 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.

TN workers must file to extend their TN status before the current work permission ends in order to maintain status and continue uninterrupted work. Persons remaining in the U.S. may extend their TN work permission by filing for extension with DHS through the IO. As travel to Canada and Mexico are relatively easy, many TN workers choose to extend their work permission by leaving the U.S. and applying for a new TN status at the port of entry. Remember that these are new applications each time and will require a new showing of appointment letter, licensure (for MDs, RNs, etc.), and nonimmigrant intent each time. Mexican citizens will need to have valid visa stamps for each entry.

TD dependents are not permitted to work. A TD, however, may qualify for a separate, independent immigration class that does permit work. Examples include the F-1, H-1B, J-1, O-1, or TN. A TD dependent who works has violated status even though the TN still may be in status.