Working in the United States

AN OVERVIEW

Information provided comes from a workshop facilitated by:

• Tony Munro, International Co-op Co-ordinator, University of Waterloo 
• Nina Juncewicz, Esq on all categories of work visas except the J-1; and
• Kim Durand-Proud, Vice Consul, U.S. Consulate General Toronto 

A special thanks to each of them.

THE J-1 VISA (see above for reference to J-1)

The employment authorization that applies to most current undergraduate students is the U.S. J-1 Intern authorization. This category is designed to promote the exchange of persons, knowledge, and skills in the fields of education, arts, sciences and technology. The J-1 Intern is for students still enrolled as students and one year post-graduation.

Canadian citizens do not actually obtain the U.S. J-1 Intern visa, but rather get J-1 visa status and do not need to be screened at a U.S. consulate prior to departure. Any student who is a Canadian citizen can apply for and obtain a U.S. J-1 Intern authorization regardless of whether they have been on that program before.

Another version of the J-1 for those who have graduated and have had at least 12 months of work experience post-graduation is called the J-1 Trainee and thus, is considered for those who are professionals.

How to obtain your US J-1 visa

The Certificate of Eligibility for US J-1 Intern Visa Status (commonly referred to as a DS-2019) must be obtained through a designated J-1 visa-sponsoring agency. There are many of these in the United States. For the summer work term only, the Students Working Abroad Program (SWAP) also has a US J-1 Intern Visa process known as SWAP USA. Culturalvistas has established procedure for working with other universities in Canada and their employers throughout the year.

Each of these agencies charges an administration fee, and it is the student's responsibility to determine whether they or their employer will pay the fee.

Non-Canadian (permanent residents and visa students) students need to submit their Certificate of Eligibility to the nearest  U.S. Consulate (in this case, Toronto) before traveling to the U.S.

For more detailed information about U.S. J-1 Intern visa requirements, please visit tips on the J-1:http://www.travel.state.gov/visa/temp/types/types_1267.html

Confirm with your employer:

In order to arrange a U.S. J-1 Intern visa, you need to have a visa sponsor. The U.S. employer is called the host and is not the sponsor. The two main sponsoring organizations, as used by other Canadian universities, are AIPT,CDS International and SWAP (summer only).

Please confirm with your employer which sponsor organization will be used in order to ensure you fill out the right application.

Arrange payment of fees:

If you are paying the fees, please check with the sponsoring organization (above) to determine a method of payment.

Payments to CDS can be made online.

If your employer is paying the fees, please verify to ensure this occurs in a timely fashion; otherwise, you might not receive your DS-2019 form prior to your departure date.

U.S. J-1 visa fees

In effect, the U.S. Government uses brokers to sell the J-1 visa and one purchases it from one of the three suppliers mentioned above: AIPT, CDS International and SWAP (summer only). Some will include health insurance (highly recommended) as part of the purchase. In addition to the fee for the J-1 and health insurance, one pays for the Student and Exchange Visitor Information System (SEVIS) fee. Other additional fees may apply.

U.S. J-1 visa fees for regular and graduating students (J-1 trainee)

If you are graduating and are no longer on official co-op work term status can still access a U.S. J-1 visa the following ways:

note: Cultural Insurance Services International (CISI) insurance is mandatory for the PDP program.

Complete an application

Both organizations require a student application; both available online.

CDS Application

AIPT Information

Ensure an employer-completed training plan is sent to your visa sponsor:

In addition to your application and the fee, an employer-completed training plan is also required. Samples are available online at:

CDS Training Plan

AIPT Information

You need to ensure that the training plan is completed and sent to the visa sponsor organization by your employer, in order to receive your visa on time.

Review the Travel Wise and Safe web pages.

Tips and Reminders:

• Time is very important in this process;
• If the student application, the fee and the employer's training plan are completed and received by the visa sponsor organization in a timely fashion, then the sponsoring organization can issue your U.S. J-1 Training visa prior to departure; and
• Ensure that you and your employer discuss the start and end dates of your work term. Once your U.S. J-1 Training visa has been issued, the dates cannot be changed.

EMPLOYMENT IN THE U.S. 

J-1 visa sponsor contacts:

AIPT: Debra Stevens

• email: Idelluomo@aipt.org
• telephone: 1.410.997.2200, ext. 516

CDS : Roxana Pleacoff

• email: rpleacoff@cdsintl.org
• telephone: 1.212.497.3505

SWAP USA: Birgit Hatsy

• email: bhatsy(at)swap.ca
• telephone: 1.416.966.2887, ext.203

Important items to remember:

• You must have a valid passport in order to obtain your J-1visa/status;
• Canadian citizens may proceed with their DS-2019 and citizenship documents directly to the Canada-U.S. border and receive J-1 visa authorization there;
• The US Department of Homeland Security charges a US$100 fee (US$35 for Summer Work - Travel J-1 visa) to support the Student and Exchange Visitor Information System (SEVIS). This fee must be paid prior to entering the U.S. (as a Canadian citizen) or prior to your interview at the U.S. consulate (for citizens of all other countries). The fee can be paid electronically by completing Form I-1901 athttp://www.fmjfee.com/;
• Those of other nationalities (including permanent residents of Canada) must take their DS-2019 and citizenship documents to a U.S. consulate in order to obtain the J-1 visa. They cannot receive their authorization directly at the Canada-U.S. border. In order to get their document reviewed at the U.S. consulate, students must contact the consulate in advance to make an appointment rather than proceeding there directly (appointments at the U.S. Consulate General Toronto can be made by phone at 1.900.451.2778 (caller pays) or online athttp://www.nvars.com/). Note: Students should be aware that the U.S. authorities may take as much as 2-6 weeks to review the visa documentation, therefore students should plan accordingly. There is a visa application fee that will be charged by the consulate;
• If you are entering the United States on a J-1 visa authorization, check on your DS-2019 to determine what category of J-1 you are listed under - many co-op students are in the United States under the intern category, therefore you should not be indicating that you are there to work, but rather that you are there for training;
• Determine your mailing address in the U.S. before you leave and be sure to have it on you when you are traveling to your destination (you will need to provide it to U.S. Customs officials). Other documents that may be helpful include:
  • A current resume;
  • Job offer letter;
  • Most recent transcript; and/or
  • Proof of enrolment at UOIT.;
• Read all documentation provided by your visa sponsor carefully prior to departure and keep it with other important documentation;
• Upon arrival at your destination, you must establish contact with both your visa sponsor and provide them with your home and work contact information;
• You are required to honor trainee requirements established by the visa sponsoring agencies and submit documentation as requested in a timely manner. Failure to do so can result in you being denied visa privileges in subsequent terms;
• The J-1 visa sponsor is your sponsor while in the U.S. and the company where you are interning is your host. Any job-related concerns should be reported to your visa sponsor. Your visa authorization is company-specific, therefore any change in your employment status will directly affect your visa status and must be reported to both aforementioned contacts immediately - you are not authorized to take on a second job (part- or full-time) while on a J-1 authorization;
• The validated DS-2019 (which affords J-1 visa status to Canadian citizens) allows for multiple exits/entries between the U.S. and both Mexico and Canada, If you are traveling to another country during your work term, you must have prior authorization from your visa sponsor - read their documentation on how to obtain this authorization;
• Should you lose any of the documents that confirm your J-1 visa status - passport, DS-2019, I-94 card, visa (if a foreign national) - you are responsible for all costs incurred in replacing them immediately. Without proper documentation, your training will be canceled and you will be required to leave the U.S.;
• Once you have applied for your U.S. Social Security number (SSN) (for more information on how to do this, refer tohttp://www.ssa.gov/online/ss-5.pdf), you may be able to follow up on the progress of your application at 1.800.772.1213. For security purposes, this service may or may not be available to you - check at the time of application regarding best practice to follow up on your application and be sure to obtain a receipt of your SSN application for various reference purposes;
• If you intend to drive a car while in the U.S., you may need to obtain a state driver's license. Check with the local state Department of Motor Vehicles (DMV) regarding local limits on driving on a Canadian driver's license. If you are required to submit your Canadian license, be sure to arrange how it will be returned to you at the end of your term;
• You will be required to submit both U.S. and Canadian income tax forms for time spent employed in the United States. You are responsible for obtaining all information and documentation related to filing U.S. income taxes. Federal information and forms can be found athttp://www.irs.gov/. You must find out, through your employer or other sources, what state and local taxes you may be subject to and where to find the appropriate forms;
• Be sure to submit your I-94 card (departure record) to either U.S. or Canadian customs officials at the time of your final departure from the U.S. at the end of your term. If you forget to submit it, contact your visa sponsor immediately and they can direct you on where to send it; and
• You should retain the original of your DS-2019 (or visa if a foreign national) for future reference. If at any point in the future you apply for any other visa to the U.S., you will be required to declare and show proof of any previous U.S. visas.