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Purpose
of this page
This page
is designed for J-1 students. It explains "Academic Training,"
the name used by the State Department for certain types of study-related
employment. It will tell you the conditions that you have to meet in
order to qualify for "Academic Training," and how to apply.
("Academic Training" does require that a J-1 visa holder work
in academia, but the proposed employment must be directly related to
the student's major field of study.)
"Academic
Training" is flexible in its format and offers a variety of employment
situations to supplement your academic program in the United States.
It is available before completion of your program of study as well as
afterwards. As long as you stay within the stipulated time limits, it
lets you work part-time while classes are in session and full-time during
vacation periods; and, under certain circumstances, you may interrupt
study to work full-time, for example while you are writing a thesis.
J-1 students in non-degree programs are eligible for "Academic
Training."
For advice
and for further information, consult staff at the Bechtel International
Center.
Your
J-1 Responsible Officer
To qualify
for "Academic Training", you must first obtain approval in
writing from your J-1 Responsible Officer, who represents your J-1 sponsor
and issues your Forms DS-2019. He or she must evaluate the proposed
employment in terms of your program of study and your individual circumstances,
and then decide whether it would be appropriate or not. If Stanford
is your sponsor, then your J-1 Responsible Office is the Bechtel International
Center. If your J-1 sponsor is an agency , and if you are uncertain
how to reach your J-1 Responsible Officer, the Bechtel International
Center will help you find out, but has no authority to grant employment
permission.
Before completion of your program of study...
Conditions
-Eligibility
- Your
primary purpose in the United States must be study rather than "Academic
Training."
- You
must be in good academic standing at the school named on your Form
DS-2019.
- The
proposed employment must be directly related to your major field of
study.
- Throughout
your "Academic Training" you must maintain permission to
stay in the United States, in J-1 student status, and apply for extensions
as necessary.
- You
must maintain health insurance coverage for yourself and any J-2 dependents
throughout your "Academic Training."
Limitations
- general
- Your
employment may be authorized for the length of time necessary
to complete the goals and objectives of the training, provided that is approved by [both] the academic dean or
advisor and the responsible officer.
It may not exceed the period of full course of study or
18 months, whichever is shorter. If you receive a Ph.D., however,
your "post-doctoral training" may last as long as 36 months.
Additional "Academic Training," beyond the 18 or 36-month
limit, is allowed only if it isrequired for the degree.
- Part-time
employment for "Academic Training" counts against the 18
or 36-month limit the same as full-time employment.
- Earning
more than one degree does not increase your eligibility for "Academic
Training."
B. After completion of your program of study . . .
- "Academic
Training" approved after completion of your program must
be reduced by any prior periods of "Academic Training."
- "Academic
Training" following completion of your program of study must
involve paid employment.
- "Academic
Training" after completion may commence no later than 30 days following the completion of the student's studies.
- If you
plan to leave the United States after you complete your program of
study and reenter the country for J-1 "Academic Training," you must obtain employment authorization before you leave. Otherwise
you will have trouble reentering. Consult your J-1 Responsible Officer
for advice.
The
application
- Obtain
an employer's letter that includes your job title, a brief description of
the "goals and objectives" of your "Training program"
(your employment), the dates and location of the employment , the
number of hours per week, and the name and address of your "training
supervisor" (the quotations come from the regulations). Make
sure that your employer's letter includes all of these details and has the company leatherhead.
- Give
a copy of your employer's letter to your academic adviser or dean
for use in writing to your J-1 Responsible Officer recommending the "Academic Training". Your adviser's letter must be written in department leatherhead and must set forth:
- The
goals and objectives of the specific training program;
- A
description of the training program, including its location, the
name and address of the training supervisor, number of hours per
week, and dates of the training;
- How
the training relates to the student's major field of study; and
- Why
it is an integral or critical part of the academic program of
the exchange visitor student." Your adviser must also approve
your "Academic Training" for the length of time necessary
to complete the goals and objectives of the training." (In
fact your J-1 Responsible Officer may have a blank for use by
your academic adviser that will serve as the required letter of
recommendation.)
- When
your adviser's letter
is ready you should deliver or send it to your J-1 Responsible Officer,
with a copy of the employer's letter attached.
- Your J-1 Responsible Officer must evaluate the "Academic
Training" program and decide whether it is warranted and appropriate.
If so, your J-1 Responsible Officer will write you a letter of approval.
The letter will authorize your employment with a specific employer
for a specific period of time. The letter, which will be written
by one of the staff members at the I-Center, will also cite the code
of law (22 CFR 62.23(f)) which permits you to work in the United
States under Stanford's J-1 sponsorship.
Students who qualify for the second 18 months of Academic Training
(based on post-doctoral work), may apply any time prior to the current
Academic Training expiration date. In order to authorize "post-doctoral
training" your J-1 Responsible Officer must also issue you a
new Form DS-2019, for no more than 18 months at a time.
Authorization
to work
- A Social
Security Number. To put you on the payroll, your employer will need
your Social Security number, which you can obtain by applying for
a Social Security card.
- Form
I-9, "Employment Eligibility Verification." When you begin
work, you and your employer must complete Form I-9, which requires
you to document your identity and work authorization according to
directions on the back of the Form. Of the various items acceptable
as documentation, you may find that the most convenient combination
is your passport (or other photo-bearing identification if you are
Canadian), I-94 Departure Record card, the Form DS-2019, and your
J-1 Responsible Officer's written work authorization. Your employer,
who keeps Form I-9, will make copies of the documents you submit,
and return the originals to you. Form I-9 must be updated any time
that you receive a renewal of your permission for "Academic
Training."
Social
Security and other taxes
1.
Social Security taxes. In general, as a J-1 student you will be
exempt from Social Security (F.I.C.A.) taxes for your first five years
in the United States, as long as you continue to declare non-resident
status for tax purposes (see Internal Revenue Service Publication
519, "U.S. Tax Guide for Aliens." )
2. Federal, state and local taxes. Unless you qualify under
a tax treaty between the United States and your home government, your
earnings as a J-1 student will be subject to applicable federal, state
and local taxes, and employers are required by law to withhold those
taxes from your paychecks. By April 15, you must file a federal income
tax return and a "Required Statement" covering the prior
calendar year to determine whether you owe more taxes or have a refund
coming.
A note
of caution
As a J-1
student you are eligible for a variety of work opportunities in the
United States, but employment without proper authorization is a serious
violation of your status. Remember that before you start any kind of
employment, you must first consult your J-1 Responsible Officer, whose
written approval is necessary in advance.
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