Visa Regulations
All program participants should be aware of the terms and conditions under which the United States government issues the J-1 visa. Such visas are reserved for individuals participating in a bona fide cultural exchange opportunity.
DEFINITION OF TERMS:
SEVIS DS 2019: United States Department of State Certificate of Eligibility for Exchange Visitor J-1 Status. This form is required by a United States Embassy or Consulate as proof of acceptance into a cultural exchange program. This white form will be stamped by immigration inspectors upon entry into the United States. You should keep this copy in a safe place with your passport.
J-1 Visa: The document placed in your passport by the United States Embassy or Consulate Office upon approval for participation in a cultural exchange program. The visa should be valid for one year from the time of application.
I-94:The Arrival and Departure Card (white) stapled into your passport by the (ICE) Immigration and Customs Enforcement division of the Department of Homeland Security (DHS) upon arrival in the United States.
The I-94 card and DS 2019 form should be valid for at least one year from the date you entered the United States. This would be indicated by a stamp indicating your arrival date and the code “J-1 D/S”. This stamp and code would be located in the middle of the I-94 card and in box number 6 of the DS 2019 form.
If there are any serious discrepancies with your J-1 visa, DS 2019 form or I-94 card, such discrepancies should be identified during the orientation program in New York.
TRAVEL OUTSIDE OF THE UNITED STATES:
Every time you leave the United States, even for only one day, you must have your passport, DS 2019 and I -94 card with you in order to return. The first time you are planning to travel outside the United States, you must:
• Send your DS 2019 (white paper) to:
Au Pair in America
Attn: Evelyn Blum
1 High Ridge Park
Stamford CT, 06905
Phone number: (800) 928-7247 ext. 5027
This need only be done one time. Once the DS 2019 is signed, this signature is valid for your entire program year and does not need to be sent in again.
This form should be sent at least three weeks prior to travel outside the country. You should only send your white DS 2019. DO NOT SEND YOUR PASSPORT! A valid signature of good standing on the front of the DS 2019 is required and you may experience difficulty re-entering the United States without it.
• When mailing in your DS 2019, it is imperative that you address the envelope properly including a return address on the outside of the envelope.
• Include the “Travel Validation Request Form” (or a letter if you do not have this) with your DS 2019 stating where you will be going and the dates of your trip. A SELF ADDRESSED, STAMPED ENVELOPE SHOULD ACCOMPANY ALL DS 2019 FORMS.
• If there is less than three weeks before your departure date, you can use Express Mail. If you wish to have your validated DS 2019 sent back to you by United Parcel Service (UPS), you must include cash, a check or money order for $10.00 made payable to AIFS. A complete mailing address must accompany the check (Au Pair in America cannot send mail overnight to a P.O. Box number) along with your daytime telephone number. If you are having your DS 2019 returned by UPS, you do not need to provide a self addressed stamped envelope.
• NOTE: It is very important to call the embassy or consulate of the country you plan to visit before making your travel plans. Certain nationalities require additional documents (visas) to enter a particular country. (For example, a citizen of Brazil needs a tourist visa to enter Canada.) Certain countries also have various requirements to obtain a visitor’s visa. Make sure you can meet all the requirements before making your travel arrangements in order to avoid disappointment.
VISA EXTENSIONS:
The Department of State, Office of Exchange Coordination and Designation will not, under any circumstance, permit Au Pair in America (APIA) to extend a visitor’s stay in the U.S. beyond the 24/25 months authorized by the extension DS 2019. While you must return home at the end of her program, you may return to the U.S. as a student on either an F-1 or J-1 visa. To obtain one of the above, a school must issue you a Form I-20 (for the F-1) or a new DS 2019 (for the J-1). Au pairs are also permitted to return as a tourist on a B-2 visa provided that you satisfy the American consular officer that you are a bona fide tourist. To be considered a bona fide tourist you must demonstrate:
• a residence in a foreign country which you have no intention of abandoning; and
• adequate funds to cover expenses that may incur during the period you intend to be in the U.S. This may include proving that you have a return trip non-refundable ticket as well as sufficient funds. The consul has the right to ask for any type of proof, as the burden of proof rests upon the applicant.
We anticipate that some Host Families may request that you return to the U.S. to be an Au Pair under a B-2 visitor’s visa. If such a situation develops, you and her Host Family should be aware of two points:
• Anyone on a B-2 visa is not permitted to participate in an Au Pair situation; and
• Under current immigration legislation, any person employing an illegal alien is subject to a fine. Please note that while the B-2 visa may be legal, working while in the United States on such a visa constitutes an illegal activity and violates the terms of the visa.
Should you remain in the United States beyond the 12/13 months authorized by the Program, or up to 24/25 months if you have extended your stay, APIA is required by Exchange Visitor Program Regulations to notify the immigration authorities. Further, if your participation in the program is terminated either by you or by APIA prior to the date listed on your DS 2019 form, APIA will immediately notify the Department of Homeland Security and the Department of State of the date on which your participation was terminated. Should you be deported by immigration, your chances of obtaining another visa in the future would be seriously jeopardized.
APIA will be offering you a flight home at the end of either your first year or the end of your extension term (6, 9 or 12 months). You may remain in the United States for an additional travel month, should you wish to travel to experience other regions of the United States. APIA will then arrange a return flight home during your travel month. You should not leave and re-enter the U.S. during your travel month (for example Canada, Mexico) unless you have a valid J-1 visa in your passport.