International visitors to the U.S. must maintain their immigration status at all times while in the country, whether they have entered the U.S. in a short-stay business category (WB or B-1 status), as a student (F-1 or J-1 status), as a J-1 Exchange Visitor (J-1 status), or for temporary employment (TN, E-3, or H-1B status). In all categories a person should maintain a valid passport at all times while in the U.S.
Additionally, as each visa category has different requirements for maintaining immigration status while in the U.S., it is important that the international scholar/visitor to be aware for criteria that apply to their immigration status:
WB/B-1
A person eligible to enter the U.S. in WB Visa Waiver status or in B-1 status may be admitted into the U.S. for a specific period of time and a specific activity. For a person in WB status, a U.S. Customs Officer (CBP) will stamp this date in their passport; for a person in B-1 status, the CBP Officer will stamp the date on the I-94 arrival/departure card that they issue to them when entering the U.S. To maintain immigration status in WB status a person must depart in the U.S. on or before the date specified; in B-1 status a person must either depart the U.S. by the date specified on their I-94 card or have applied to USCIS (U.S. immigration) to extend/or change their non-immigrant status before that date.
F-1 Student
A person entering the U.S. in F-1 student status may be admitted to pursue a full course of study at an approved academic institution in the U.S. F-1 students are admitted for the length of their academic program and any period of post completion work authorization granted them by USCIS (U.S. immigraion). When entering the country, a U.S. Customs Officer (CBP) will admit the student in F-1 status for "Duration of Status" which is noted as "D/S" on the F-1 I-20 Form and the I-94 arrival/departure card. When the student completes their academic program and any period of post completion work authorization, the student is allowed a 60 day grace period to depart the U.S.
J-1 Student
A person entering the U.S. in J-1 student status may be admitted to pursue a full course of study at an approved academic institution in the U.S. J-1 students are admitted for the length of their academic program and any period of post completion work authorization. When entering the country, a U.S. Customs Officer (CBP) will admit the student in J-1 status for "Duration of Status" which is noted as "D/S" on their J-1 DS-2019 Form and the I-94 arrival/departure card. When the student completes their academic program and any period of post completion work authorization, the student is allowed a 30 day grace period to depart the U.S.
J-1 Exchange Visitor (J-1 Short-Term Scholar and J-1 Research Scholar)
A person entering the U.S. under the J-1 Exchange Visitor program in J-1 Short-Term Scholar status may be admitted to pursue full-time research for up to 6 months; a person entering the U.S. in J-1 Research Scholar status may be admitted to pursue full-time research for up to 5 years. When entering the country, a U.S. Customs Officer (CBP) will admit the J-1 Exchange Visitor in J-1 status for "Duration of Status" which is noted as "D/S" on the J-1 DS-2019 Form and the I-94 arrival/departure card. When the person completes their J-1 Exchange Visitor Program they are allowed a 30 day grace period to depart the U.S.
TN and E-3 Employment status
A Canadian or Mexican citizen entering the U.S. in TN status, or an Australian citizen entering the U.S. in E-3 status, may be admitted into the U.S. for a specific period time. A U.S. Customs Officer (CBP) will stamp this date on the I-94 arrival/departure card when they are admitted. A person in TN status may initially be admitted for up to 3 years; a person in E-3 status may initially be admitted for up to 2 years. Both TN and E-3 status can be renewed indefinitely as long as the person matintains their employment and non-immigrant intent in the U.S. To maintain non-immigrant status, a person in TN or E-3 status must maintain full-time employment with their TN employer and depart the U.S. on or before the date specified, or have applied to USCIS (U.S. immigration) to extend/or change their non-immigrant status before that date.
H-1B Specialty Occupation/Skilled Worker Status
A person entering the U.S. in H-1B employment status may be admitted for the length of their H-1B I-797 Approval Notice. H-1B status may be valid for up to 3 years and renewed for an additional 3 years at the employer's request. When entering the country, a U.S. Customs Officer (CBP) may admit the H-1B employee until the end date listed on their H-1B I-797 Approval Notice and note this date on the person's I-94 arrival/departure card. At the end of a person's H-1B employment, unlike other immigration categories, H-1B status unfortunately does not allow for a "grace period" to depart the U.S.; the regulations governing H-1B status require a person to either depart the U.S. by their last day of their H-1B employment or before the end of their employment have filed to change their non-immigrant status with USCIS (U.S. immigration) or filed to change H-1B employers. *When entering the U.S. in H-1B status a CBP Officer may at their discretion note a 10 day "grace period" for departure on the H-1B employee's I-94 Arrival/Departure card. This applied only if the person completes the full duration of their H-1B employment. This 10 day grace period is to prepare to depart the U.S.; during this time the H-1B employee is not authorized to continue working.
If there are any questions about maintaining immigration status at the Sanford-Burnham Medical Research Institute and in the U.S., please contact the Sanford-Burnham International Office.