• Obtain a letter requesting an extension of the program from your Class Dean/Academic Advisor in the Office of Program Management or Office of Academic Services. The letter must briefly explain the reason that you have not yet completed the program. 
•  Provide financial documents showing that you can support yourself for the extended period or 12 months, whichever is shorter.  A new Form DS-2019 cannot be issued without this proof.  Financial documents cannot be more than 12 months old.  Financial support documentation might include one or more of the following:
  • bank statement
  • bank letter
  • affidavit from sponsor (notarized)
  • proof of assistantship and/or scholarship
• Submit a copy of current Form I-94 (front & back)
• Register for the upcoming semester
• Submit all of the above mentioned documents to ISSS.  A new Form DS-2019 will be prepared in approximately 5 business days.

2 Year Home Residency Requirement

Intent of the Requirement

The purpose of the two year home residency requirement is to enable the home country to benefit from the Exchange Visitor’s experience in the U.S.  Exchange Visitors come to this country for a specific objective such as a program of study or a research project. The requirement is intended to prevent participants from staying longer than is necessary to complete their objective, and to ensure that they will spend at least two years in the home country before coming back to the United States for a long-term stay.

Who is subject?

• If your J-1 program is or was funded in whole or in part, directly or indirectly, for the purpose of exchange, by your home government or the United States government. (Funding includes loans and coverage of expenses such as tuition, books, insurance etc.)
  

• If, as a J-1 Exchange Visitor, you are acquiring a skill that is in short supply in your home country according to the United States government’s “Exchange Visitor Skills List.” The list, originally appearing in 1972, was last revised in the Federal Register January 16, 1997, pp.2447-2516. You are subject to the home residency requirement if your skill was on the Skills List at the time that you entered the U.S., even if the skill is later removed.
  

• If you have participated as a J-1 Exchange Visitor in a graduate medical education or training program; that is a residency, internship, or fellowship, sponsored by the Educational Commission for Foreign Medical Graduates. Programs involving observing, consulting, researching or teaching with no patient care are not considered “medical education or training.”
  

• If you are the J-2 dependent of an Exchange Visitor who is subject to the requirement.

If you are subject to the requirement (as indicated on your visa and Form DS-2019), you must “reside and be physically present” for a total of two years in your country of citizenship or your country of legal permanent residence, before you become eligible for:

• An H, L, or immigrant visa, or for H, L, or immigrant status in the United States. The H visa category includes temporary workers, trainees, and their dependents. The L category includes intracompany transferees and their dependents. An immigrant is the same as a permanent resident, or holder of a “green card.”
  

• A change of your status, inside the United States, from J to any other non-immigrant classification except A or G.  The A classification includes your home government’s diplomats and representatives to the United States government, and their dependents.  The G classification includes your government’s representatives to international organizations, such as the United Nations, and their dependents.

If you have ever been subject to the requirement in the past and have neither obtained a waiver nor met the requirement by spending two years in your country, the original requirement still applies even if a more current Form DS-2019 reflects no basis for the requirement. In other words, a subsequent J program that does not create a new two-year home country physical presence requirement does not erase the requirement. Also, if you exit the United States and reenter under a different nonimmigrant status, such as F-1 student, you will still be subject to the original two-year home county physical presence requirement.   Once you incur the requirement, you must either spend two years at home or obtain a waiver of the requirement before you can reenter the United States as an H, L, or permanent resident.

Preliminary Endorsements

The visa stamp in your passport, your Form DS-2019, or both may show an indication by a consular officer or a United States Citizenship & Immigration Services (USCIS) inspector that you are or are not subject to the requirement.  These indications, labeled “preliminary endorsement” on Form DS-2019, are usually accurate but are not legally binding.  Even though these endorsements are not final, USCIS usually accepts indications that the Exchange Visitor is subject to the requirement.

If You Are Unsure Whether You Are Subject…

Consult the International Student & Scholar Advisor (ISA) at Babson.  Be sure to bring your passport, Form DS-2019, your Form I–94, and copies of prior Form I-94s if they are available.  Your ISA can often tell from the source of funding, or from the Exchange Visitor Skills List, whether the requirement applies to you or not.

If You Are Still Uncertain you may…

• request an “Advisory Opinion” from the U.S. Department of State Waiver Review Division 

• consult an immigration attorney

Waivers of the Requirement
There are four grounds for a waiver of the requirement:

• A "no objection" statement (not permitted for medical trainees) from your home country.  Your country's embassy in Washington can indicate in a direct letter to the U.S. Department of State that it has no objection to your receiving a waiver or the foreign ministry in your home country's capital can send a similar letter to the U.S. embassy.  A "no objection" statement usually will not lead to a waiver if the Exchange Visitor has received more than $2000 in funding from the government.
  

• Interest of a U.S. government agency.  If your participation in research or a project sponsored by a U.S. government agency is of sufficient importance to that agency, it can apply to the U.S. Department of State for a waiver for you in its interest.
  

• Exceptional hardship to your spouse or an unmarried child minor who is a citizen or permanent resident of the U.S.  You would apply to the USCIS on Form I-612, "Application for Waiver of the Foreign Residence Requirement of Section 212(e) of the Immigration and Nationality Act, as Amended."
  

• Fear of persecution.  If you can demonstrate that because of your race, religion, political opinions or nationality you would face persecution by your home government, you might qualify for a waiver. You would apply to USCIS on Form I-612.

Basic Waiver Application Procedures

A waiver application may be made on-line at J Visa Waiver Online or by mail. 

• Complete the Form DS-3035 J Visa Waiver Review Application
• Pay a processing fee of $215  (cashier’s check or money order)
• Include two self addressed stamped envelopes

For complete information about applying for a waiver visit the U.S. Department of State website.

Upon receiving the complete request, the Waiver Review Division will then assign a case number and forward instructions to the exchange visitor for further processing.  All applicants will be asked to provide complete biographic and contact information and to include legible copies of Form I-94 and all current and past Form DS-2019s

* Please keep in mind delays in processing times due to security checks*

Employment

Employment Authorization for Exchange Students and their Dependents

On-Campus

Current Babson students who are maintaining valid J-1 status are eligible for on-campus employment.  On-campus employment is limited to 20 hours/week while school is in session and can be full-time during official college breaks. You must obtain authorization from an International Student Advisor (ISA) by completing a J-1 On-Campus Employment Form.  Prior to beginning employment, you must apply for a Social Security number by the Social Security Administration. For information on how to apply, see our section on Obtaining a Social Security Number.

• Obtain a position in the field of business. 
• Ask your employer to write a letter addressed to your Academic Advisor with the following information:
  • The name of the company
  • The name and title of your supervisor
  • Location of the internship (with mailing address)
  • The exact beginning and ending dates of your employment period
  • The amount of compensation, if any
  • Description of your responsibilities/duties

STEP TWO:  ACADEMIC ADVISOR RECOMMENDATION

• Complete Section I of the "Advisor Recommendation Form"
• Give the form, along with a copy of your employer letter, to your Academic Advisor and ask him/her to complete Section II.

STEP THREE:  Bring the following documents to your ISA:

• Proof of Financial Support-Documentation that you have enough funds (anticipated or actual) to cover your living expenses for the duration of your academic training.  Contact the ISA to determine the estimated expenses for the duration of your training period.  If the compensation for your internship/employment will not be sufficient to cover your living expenses, you will also need to provide additional evidence of financial support from either your bank, or your parents/sponsor.
• Employer Letter
• Academic Advisor Recommendation form
• Copy of your Form I-94
• Proof of Continued Health Insurance-You must sign a new "J-1 Insurance Verification Form" certifying that you will have insurance in the amounts required for the J-1 Visitor Program for the duration of your stay and any J-2 dependents (Forms are available in OIP.)

STEP FOUR:  Approval Process

The ISA will review the documents and, if approved, will write a letter giving approval for Academic Training.  A new Form DS-2019 will be issued to indicate an extension of stay for Academic Training.

PLEASE NOTE: THE PERIOD OF ACADEMIC TRAINING MAY NOT BEGIN UNTIL THE ABOVE STEPS ARE COMPLETED.

J-2 Employment Authorization

The spouses of J-1 Exchange Visitors may apply for employment authorization from United States Citizenship & Immigration Services (USCIS) at any point during their stay as long as the compensation they receive will not be used to support the J-1 Exchange Visitor. A job offer is not required and the employment may be of any nature other than medicine, including professional positions and casual positions such as child care. Any position with compensation requires employment authorization. The application fee is $175, and processing by USCIS takes approximately three months. No employment should begin until receipt of the official Employment Authorization Document. Income is subject to federal, state, and social security taxes. Employment authorization can be granted for up to one year or until the end date of the J-1 principal's program, whichever is earlier. Extensions can be filed each year for up to three more years as long as the J-2 Exchange Visitors continues to have a valid Form DS-2019. Assistance with the J-2 work authorization application is available by appointment with the International Student Advisor.