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CONTENTS



J-1 STUDENTS

As a J-1 Exchange Visitor, you are legally eligible to work only if your program sponsor authorizes you to do so in advance and in writing. Please discuss your interest in paid employment with your LASPAU program advisor before accepting an offer of employment. During your program, there are three types of employment for which you may be eligible:

  • on-campus employment

  • off-campus employment when required due to emergency circumstances

  • "pre-completion" academic training

As established by the U.S. government, you are legally eligible to work only if your program sponsor authorizes you to do so in advance and in writing. Please discuss your interest in paid employment with your LASPAU program advisor or coordinator before accepting an offer of employment. Should employment be authorized and your earnings exceed 50% of your maintenance rate, your maintenance amount may be reduced.

Everyone who works in the United States must pay federal and state income tax. Please see the Taxes section for more information.

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ON-CAMPUS EMPLOYMENT

You must meet the following conditions in order to participate in on-campus employment:

  • you must be in good academic standing at the educational institution;

  • you must continue to engage in a full course of study, except during official school breaks and annual school vacations; and

  • your employment should total no more than 20 hours per week, except during official school breaks and annual vacations, and should not interfere with your academic program.

In order to apply for work authorization, you must submit the following documentation to your LASPAU program advisor:

  • a letter or email from your potential employer stating the place of employment, your title, what you will be doing, the duration of employment, the number of hours to be worked per week, and how much you will be earning; and

  • an email from your academic advisor or supervisor stating that this job will not delay your academic progress nor cause any change in your completion-of-program date.

LASPAU will send you a work authorization letter for the dates indicated in the employer’s letter, not to exceed the end of the academic year in progress. The authorization may be renewed the following year upon submission of the required documents.

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OFF-CAMPUS EMPLOYMENT DUE TO EMERGENCY CIRCUMSTANCES

As a J-1 Exchange Visitor, you may be eligible to apply for permission to work off-campus if you experience unforeseen and urgent financial circumstances after your academic program has begun. Examples of valid reasons include unexpected and uncovered medical expenses and funds frozen due to the death of a provider. In order to apply for off-campus work authorization, you must send your LASPAU program advisor the following:

  • a letter or email from your potential employer stating the place of employment, your title, what you will be doing, the duration of employment, the number of hours to be worked per week, and how much you will be earning;

  • an email from your academic advisor stating that this job will not delay your academic progress nor cause any change in your completion-of-program date;

  • a budget worksheet; and

  • a letter explaining the unforeseen and urgent circumstances now causing you to look for work off campus.

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ACADEMIC TRAINING (PRE-COMPLETION AND POST-COMPLETION)

Academic training is designed to complement your program of study in the United States by providing you with employment experience in your field of study. Participation in an academic training program is not automatic. All requests are subject to the approval of your program sponsor and home institution (if applicable). The training program you select must be directly related to your field of study and must be appropriate for someone with your level of education. The total number of months in academic training cannot exceed the prescribed time limitations listed below.

Pre-completion and Post-completion Academic Training

Pre-completion academic training is undertaken during your academic program and may be paid or unpaid. Pre-completion training should not be undertaken instead of courses that could advance you toward graduation.

Post-completion academic training is undertaken after your program of study is over and must be approved by COLCIENCIAS and your home institution (if applicable).

Academic Training Time Limitations

J-1 Exchange Visitor Program regulations state that the period of academic training cannot exceed any of the following time limits:

  • 18 months for bachelor's and master's degree candidates and 36 months for doctoral degree candidates;
  • 36 months for doctoral degree candidates who will engage in post-doctoral positions. 18 months for doctoral degree candidates who will engage in other positions

  • the length of time spent in your academic program; or

  • the length of time spent in J-1 status.

If you participate in a pre-completion academic training, this time will be deducted from the total amount of training time allowed. Both pre- and post-completion academic training are calculated on a monthly basis, regardless of the number of hours worked per week (e.g., a student working 40 hours per week for a month and a student working 20 hours per week for a month are both considered to have used one month of the academic training eligibility).

You must check with your LASPAU program advisor if you are considering either pre- or post-completion academic training.

Academic Training Eligibility

As a J-1 student, you are eligible for pre- or post-completion academic training if:

  • you are in good academic standing or you have successfully completed a program of study of at least nine months in duration;

  • you are proposing an academic training that is directly related to your major field of study; and

  • you receive written approval for the duration and type of academic training in advance from the Responsible Officer at LASPAU.

If pursuing a pre-completion academic training, you must also meet the following conditions:

  • you must be in good academic standing at a post-secondary accredited educational institution;

  • you must continue to engage in a full course of study, except during official school breaks and summer vacation; and

  • your academic training work must total no more than 20 hours per week, except during official school breaks and summer vacations.

How to Apply for Pre-Completion Academic Training

Use the following table to determine which procedures to follow in order to request approval for academic training (either pre-completion or post-completion) . In the first two columns of the chart, locate the academic training that applies to you. The check marks indicate the procedures you need to follow.

Please note that any documentation must be sent to your LASPAU program advisor at least six weeks in advance.

For pre-completion training For post-completion training

Procedure

  Send a letter or email to your LASPAU program advisor requesting permission to participate in pre-completion academic training during your studies. Explain what you would like to do and how it fits in with your field of study, professional development, and future plans in your home country. Please be sure to include the exact dates of the academic training when making your request, keeping in mind the time limitations.
  Send a letter or email to your LASPAU program advisor requesting an extension of your stay in the United States to take part in post-completion academic training. Explain what you would like to do and how it fits in with your field of study, professional development, and future plans in your home country. Please be sure to include the exact dates of the academic training when making your request, keeping in mind the time limitations. Please also include a statement confirming your understanding that you will remain subject to the two-year home residency requirement of the J-1 visa when your academic activities in the U.S. are completed. This letter should be in Spanish.
Your academic advisor must send an email to your LASPAU program advisor stating that you are in good academic standing. The letter should note the date you completed or will complete your studies; how the specific offer of academic training is directly related to and is an integral part of your program of study; and how the training is both complementary to your academic studies and beneficial to your professional development.
Your proposed academic training provider must send a letter to your LASPAU program advisor stating the goals and objectives of the proposed training, the start and end dates of the training (not to exceed the prescribed time limitations), the number of hours per week, the salary to be paid, the location of the training, and the supervisor's name and address. In addition, the letter should verify your advisor's statement that the position will provide the training he or she has recommended. This letter must be signed and must be on company letterhead, but you may scan it and send it as an email attachment or send it by mail.
  Your home institution (if applicable) must send your LASPAU program advisor a letter or email, supporting the plans for the academic training and giving approval of your leave through the end of training.
  Complete and send an Academic Training Agreement (PDF) to your LASPAU program advisor. This document must be signed by you and a representative of the academic training provider to confirm the understanding of both parties that the training period is limited in length and is not intended to lead to permanent employment in the United States. This document can be obtained in PDF format by clicking on the link above. To open and print the document, you must have the Adobe Acrobat Reader software. If your computer does not have a copy of the program, you may download a free copy by clicking on the "Get Acrobat Reader" icon below. Once you download Adobe Acrobat, click on the link to access the form.

  You must provide proof of financial support to your LASPAU program advisor. To do this, you must demonstrate that you have sufficient funds to support yourself and your dependents, if any, throughout your academic training period. Your program advisor will be able to inform you of the minimum amount needed in the state and city where you plan to work. If you use your salary as proof of financial support, the letter from your academic training provider stating your salary will be sufficient as long as funds meet the minimum maintenance level. If you participate in an unpaid academic training, you will need to show that you have sufficient funds to support yourself and your dependents, if any. You may send a bank statement or a contract showing that you receive a certain amount of money on a regular basis. These documents must show the amount in U.S. dollars.
  You must send a letter to your LASPAU program advisor providing proof of adequate health insurance coverage for yourself and any dependents that are with you. If you will receive health coverage from your academic training provider, the type of coverage must be indicated in the letter. The policy must meet the amounts required by the U.S. government as specified in the Health Care section. Most academic training provider health care policies do not include the medical evacuation and repatriation coverage required by the J-1 Exchange Visitor Program regulations. You can purchase this coverage separately using the International SOS Assistance policy described in the Health Care section. Should you need to purchase supplemental coverage, photocopies of your completed application form and check should be sent to your program advisor at LASPAU and will serve as verification that you have purchased the coverage. Failure to provide verification of this coverage within thirty (30) days of the start of your academic training period will place you in violation of status for not having the appropriate insurance coverage and can lead to the cancellation of your work authorization and DS-2019.
  Your request for post-completion academic training will then be sent to COLCIENCIAS for approval. If it is approved, the Responsible Officer at LASPAU will mail a work authorization letter to your academic training provider. You will also receive an academic training approval letter, a copy of the work authorization letter sent to your academic training provider, and an extension of your DS-2019.
  If you are approved for academic training, you must provide your program advisor at LASPAU with original final transcripts and a copy of your diploma or certificate of completion within thirty (30) days of the start date of the academic training period. It is very important that you make arrangements with the university to have your final transcripts mailed to LASPAU before you leave the university.
  The approval of your post-completion academic training must be completed before the completion of your program of study and/or DS-2019 expiration date, whichever comes first. In order to complete the process by the required deadline, the documents listed above must be submitted to LASPAU at least six weeks prior to the completion of your academic program. If you do not comply with this deadline, LASPAU will not be able to process your request.

 

LASPAU uses the first day of the month following the month in which you complete your academic program as the start date of your academic training period. The J-1 Exchange Visitor Program regulations state that the start date of the position cannot exceed thirty (30) days from the start date of the academic training period.


Changing Academic Training Providers

Under no circumstance should you leave or change an academic training position without first contacting your LASPAU program advisor. If you change academic training providers after receiving the initial work authorization letter, you will need to provide the previously listed documents, with the exception of the academic advisor’s letter.

Completion of Academic Training

Prior to the completion of your academic training, you must fill out and return the Confirmation of Academic Training Completion Form. Some sections of this form must be filled out by your academic training supervisor.

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J-2 DEPENDENTS

Employment for a J-2 dependent is authorized by the U.S. Citizenship and Immigration Services (USCIS), and all applications should be directed to the USCIS Service Center in your area. To apply for an Employment Authorization Document (EAD) card, the J-2 dependent must follow the instructions on an I-765 form, which can be downloaded from the USCIS website. Your international student office may also have this form. Money derived from the employment must be used for the spouse and/or minor children in the United States and not for the support of the exchange visitor (J-1 visa holder). The spouse and children may use the earnings for recreational and cultural activities or travel, but not for subsistence.

Once the J-2 visa holder receives the approval of the USCIS and the EAD card, he or she may begin work on or off campus, full or part time. It will be necessary to apply for a social security number (see section on Taxes), since income earned by J-2 dependents is subject to federal, state, and social security taxes.


LASPAU is not authorized to issue work permits for dependents. Only the USCIS can do so. Please keep in mind that the permits may take 3-4 months to process. Your DS-2019 must be valid in order for your J-2 dependent to work, so you must contact LASPAU for an extension of your DS-2019 before applying for an extension of your dependent’s employment authorization.

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Last revised: November 15, 2007

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