International Student and Scholar Programs

1
International Student and Scholar Programs

• Exchange Visitor Program
• Emory University

2
Exchange Visitor Program Overview Part I

• Introduction to the purpose and administration of
  the EV Program
• Role of ISSP
• Role of Hosting Department
• Requirements of the Participants
• Program Administration

3
Exchange Visitor ProgramPurpose

• To foster the exchange of ideas between Americans
  and foreign nationals and to stimulate
  international collaborative teaching and research
  efforts.

4
Exchange Visitor Program Background

• Established as a result of the Mutual Educational
  and Cultural Exchange Act of 1961
• To promote mutual understanding between the
  people of the U.S. and other countries
• Gives foreign nationals opportunity to
  participate and return home to share what they
  have learned.

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Exchange Visitor Program Program Sponsor

• EMORY UNIVERSITY
• Designated by the U.S. Dept. of State to
  administer its individual exchange visitor
  program.
• Promise to engage in exchange by sending our own
  people to similar programs.
• Screen /select our own exchange visitors.
• Agree to maintain the integrity of the EV program
  by following the rules.

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Exchange Visitor ProgramResponsible Officers

• ISSP has 1 Responsible Officer
• Lelia Crawford
• 6 Alternate Responsible Officers
• Terry Eiesland
• Joan Lindsey
• Stephanie Roberts
• Laura Simkiss
• Ursula Spitzer
• Dawn Williams

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Exchange Visitors at Emory

• Foreign nationals who have been invited to
  participate in an exchange program at Emory
• Participants on J visas
• Including spouse, and children (under the age 21)

8
Exchange Visitor Program Participants

• Participants must abide by U.S. Federal
  Regulations, including program sponsor rules.
• Activities and Program Provisions are outlined in
  the exchange agreement.
• Category of the J visa is determined by the
  definition of the activity.

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Exchange Visitor Program Program Sponsor
Responsibilities

• Issue certificate of eligibility for the J visa
• Provide pre-arrival information
• Provide orientation
• Provide opportunities for cross-cultural and
  educational learning
• Monitor program activity
• Manage SEVIS record for reporting
• Counsel and advise participants
• Report to Dept. of Homeland Security and the U.S.
  Department of State

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Exchange Visitor ProgramHosting Department

• Establish terms of exchange agreement with the
  visitor.
• Invite the scholar to participate in the
  Exchange.
• Welcome to University.
• Offer assistance to getting settled.
• Provide space, facilities, amenities necessary to
  accomplish program objectives.

• Assist in monitoring and evaluating of program
  activity.
• Provide opportunities to be involved with faculty
  staff.

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Departmental Monitoring and Reporting Change -
Required

• Program activity
• Objective for program
• Supervisor
• Location / Department
• Funding
• Insurance
• Length of stay
• Employment status

12
Exchange Visitor ProgramSEVIS (Student and
Exchange Visitor Information System)

• Database used to track students and scholars
• Reporting mechanism to DHS / DOS
• SEVIS Fee 100
• DS-2019 issued through SEVIS
• Records managed by ISSP

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Exchange Visitor ProgramFinancial Support
Requirement

• Provide evidence of financial
  means to support stay in the U.S.
• Minimum required is 2,000 / month
• Any combination of resources

14
Exchange Visitor ProgramEnglish Proficiency
Requirement

• U.S. Dept. of State requires that the Program
  Sponsor determine that the scholar is proficient
  in the appropriate level of English to
  participate in the program. At Emory, an
  intermediate level of listening, speaking,
  reading and writing is required.
• Department should report how English proficiency
  was determined.

15
Exchange Visitor ProgramHealth Insurance
Requirement

• All Exchange Visitors are required to be covered
  by health insurance that meets the requirements
  as set by the U.S. Department of State for their
  entire stay in the U.S.
• They should know how they will be covered before
  they leave home.
• www.emory.edu/ISSP/scholars/j1/insurance.htm

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Exchange Visitor ProgramExpectations of J
Scholars

• Attend Check-In and Orientation.
• Review and Sign Memorandum of Understanding.
• Report Updates of Address.
• Report Changes in Program.
• Report Change of Plans.
• Obtain travel endorsement.
• Seek Opportunities to Learn about U.S. Culture.

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Exchange Visitor ProgramJ Categories Used at
Emory

• Research Scholar
• Professor
• Specialist
• Short-Term Scholar
• Non-Degree Student
• Student

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Category Specialist

• An expert in a field of specialized knowledge or
  skill
• Will observe, consult, or demonstrate special
  skills
• Needs higher degree
• Limited to one year
• No extensions allowed

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Category
Short-Term Scholar

• A professor, research scholar, specialist, or
  person with similar education or accomplishments
• Lecturing, observing, consulting, training, or
  demonstrating special skills
• Higher degree required
• Limited to 6 months
• No extensions allowed

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Category
Non-Degree Student in a
Prescribed Course of Study

• Limited to 2 Years
• Does not qualify for the Research Scholar
  category
• May need to fulfill a requirement for their
  degree at home, i.e.
• An internship
• Employment experience
• Training
• Combination of courses and work

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Category Students

• Students in degree seeking categories are not
  considered scholars.
• Activities are defined by their programs of
  study.
• Limit of stay is determined by the length of time
  it takes to complete the program of study, plus
  any additional time allowed for employment
  authorization.

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Category Research Scholars
/ Professors

• Interchangeable categories
• Primarily doing research, teaching, lecturing,
  observing or consulting
• Position must NOT be tenure track
• A higher degree is required
• Limited to 5 years

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The New Five Year Rule forResearch Scholars /
Professors Only

• Limit of stay now 5 years
• Limit of repeat participation
• Active record allows Research Scholar / Professor
  to come and go
• University policy Department writes letter
  authorizing extended absence, explaining
  circumstances and expected return date. Copy to
  ISSP.

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J-1 Research Scholar/ProfessorsRepeat
Participation

• Limitation of Repeat Participation
• Previous participation determines when a scholar
  may return as a J-1 Research Scholar / Professor.
• TWO-YEAR BAR Research Scholar / Professor who
  completed a J program within the past 2 years may
  not return as a Research Scholar / Professor
  until the entire 2 years are over.
• ONE-YEAR BAR If previously in a different J
  category, they may need to wait one year after
  the completion of the last J program before
  coming back as a Research Scholar / Professor.
• NO BAR Short-Term Scholar category does not
  count against repeat participation.

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J Exchange VisitorsCheck In and Orientation

• All new scholars required to check in at ISSP.
• Tuesday at 300 pm or
• Thursday at 900 am
• Important information provided at 1-2 hour
  orientation
• SEVIS records are validated.

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Emory is required toMonitor the Program of
Participant

• Must monitor the progress and welfare of the
  exchange visitor.
• Must maintain personal contact information
  address, phone, etc.
• Must report sites of activity.
• Must maintain SEVIS record.

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Exchange Visitor ProgramMaintaining Legal J
Status

• Full-Time Participation
• Valid passport
• Unexpired Form DS-2019
• Report Address
• Report Any Changes
• Maintain health insurance
• Work only when authorized
• Abide by rules set by program sponsor

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J Exchange VisitorsChange of Department

• Change of Department Form
• Access on ISSP website.
• Scholar signs.
• Current department signs.
• ISSP reviews and approves.
• Scholar may move AFTER approval.
• DS-2019 may or may not need to be reissued.

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Exchange Visitor ProgramExtensions of Stay

• Department determines if scholar needs more time.
• Department requests extension.
• Online request form
• New ending date / New funding
• Copy of continuing health insurance
• Scholar signs and picks up new DS-2019.

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Exchange Visitor Program Travel and Return to
U.S.

• Valid passport
• DS-2019 with travel endorsement
• Valid U.S. visa
• Proof of funding may be requested
• Longer than 30 days, letter needed from hosting
  department stating scholar is expected to return
  to resume their program.
• Dependents must travel with scholar, if longer
  than 30 days.

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Quick Trip to Canada / Mexico or contiguous
islands around the U.S.

• If less than 30 days, may go and return with an
  expired visa.
• Obtain visa to the destination country.
• Obtain travel endorsement signature on DS-2019.
• To return to the U.S. with automatic visa
  revalidation, the scholar must have
• Valid passport
• Form DS-2019 showing continuing program
• Current I-94 Card
• May be asked for letter of support from
  institution (department).

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Exchange Visitor ProgramThe J Visa

• Like a ticket giving a specific time to enter.
• May expire while in the country.
• Does not determine length of stay
• Renewal is necessary only if out of the U.S. and
  need to return

33

• Sample
• of the
• J Visa

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J Exchange VisitorEnd of Program

• Automatic message is sent to warn department and
  scholar 6 months ahead
• Department should report when scholar ends
  program and why.
• End of Program Form
• ISSP required to report to SEVIS

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Exchange Visitor ProgramExit Interview

• Ask your scholar to report to ISSP
• Do online exit interview first
• Schedule a brief appointment with advisor.
• ISSP chats with the scholar about their
  experience.
• Helps determine what we need to improve for
  future scholars.

36
Exchange Visitor ProgramReview of Part I

• Purpose of Program
• Roles and Responsibilities of ISSP and Hosting
  Departments
• Role for Exchange Visitors

37
Exchange Visitor ProgramOverview Part II

• How to Request a J
• Form DS-2019
• Pre-Arrival Information
• Check-In and Orientation
• Other matters

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Exchange Visitor ProgramRequesting a J

• When requesting a J, you are actually requesting
  the Form DS-2019 be issued to the Exchange
  Visitor.
• The DS-2019 is the Certificate of Eligibility for
  the J Visa, used to obtain the J visa from a U.S.
  consulate or embassy.

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(No Transcript)
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Exchange Visitor ProgramDS-2019 Forms

• Emory is required by law to maintain the control
  of Forms DS-2019 and to send the DS-2019 directly
  to the scholar
• either directly or via an employee, officer,
  or agent of the sponsor, or to an individual
  designated by the exchange visitor 22
  C.F.R. 62.12(d).

41
Exchange Visitor ProgramNew Online Request Form
via PeopleSoft

• Training will be provided.
• Need to be complete.
• City of Birth
• Current position in home country
• Foreign Address
• Dependents information
• Information Form and passport copy can help get
  data needed.

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Exchange Visitor ProgramChecklist for a J Request

• Hard copy of request form
• Complete with city of birth, etc.
• Original signatures
• Compliance form signed by scholars supervisor
• Dates of intended program
• How English proficiency was determined
• Proof of degree level
• Proof of financial support
• Copy of passport if available

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Exchange Visitor ProgramFunding Requirement

• Minimum for scholar is 2,000 / month
• Add 700 / month for spouse
• Add 350 / month for each child

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Exchange Visitor ProgramFunding Calculation

• Must provide proof of available funds for entire
  stay.
• Continuing employer must state funds will
  continue while in the U.S.
• Students must show support other than
  personal/family funds alone.

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Exchange Visitor ProgramProgram Description

• Tell what the scholar will be doing in detail.
• Select the category that best fits the purpose of
  the visit.
• Include copy of offer letter with request
  materials.

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Exchange Visitor ProgramProcessing Your J Request

• Submit complete requests
• as soon as you know the dates of the program
• no later than 2 months before the intended start
  date of the scholars program.
• New policy
• If submitted later than 2 months before the start
  date, the program dates will be changed to a more
  realistic time.
• Consider the time needed.
• Time for ISSP processing 1-2 weeks
• Time for Fed Ex to deliver
• Time for Scholar to apply for the visa
• Time for security checks prior to approval
• Time for travel

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Exchange Visitor ProgramPre-Arrival Packet

• Welcome Letter
• Detailed Newsletter from ISSP
• Exchange Visitor Program Brochure from U.S.
  Department of State
• Insurance Information
• SEVIS Fee Information and Form
• Business Card

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Welcome Newsletter from ISSPContents

• About Emory
• About ISSP
• Check-In
• EV Program
• DS-2019
• Two-Year Rule
• SEVIS Fee
• J visa application

• Consular Interview
• Entering the U.S.
• Health Insurance
• Adjusting to U.S. Culture
• Housing Info.
• Childcare Schools

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Exchange Visitor ProgramMaintaining Legal J
Status

• Check-in / Orientation
• Maintain normal progress
• Report changes
• Keep documents valid and updated
• Maintain health insurance
• Obtain travel endorsement
• Report end of program
• See Memorandum of Understanding

50
Exchange Visitor ProgramIncidental Employment

• Occasionally, scholars are invited to speak,
  present, or teach at other locations.
• Must be reviewed and approved by current
  supervisor and ISSP.
• Must be relative to the scholars original
  program objective.
• Must not delay the program end date.
• Any payment must be approved by a Responsible
  Officer at ISSP.

51
Exchange Visitor ProgramAcademic Training for
Students

• J Students must be authorized by the Program
  Sponsor for ALL employment situations.
• Academic Training is an opportunity to work off
  campus to gain practical experience in ones
  academic field of study.
• A job offer is required, and endorsement from
  ones academic advisor is needed.
• International Student Advisor at ISSP will
  authorize the employment in a letter.

52
Exchange Visitor ProgramChange of Finances

• Financial support should be reflected on the
  DS-2019.
• Increases can be reported with extension
  requests.
• Reduction in support or withdrawal of support
  should be reported immediately, to determine if
  scholar will need to shorten program.

53
Exchange Visitor ProgramShorten Program vs
Termination

• Shorten Program
• Accurate record of program dates.
• Positive report sent to SEVIS
• New DS-2019 is issued.
• Allows 30-day window to remain after end of
  program.

• Termination
• Reports negative reason to SEVIS
• Failure to abide by rules
• Failure to participate
• End Program date immediate
• NO 30-day window for stay

54
Exchange Visitor ProgramTransfers to Emory

• Submit request for new scholar as
  usual.
• Determine eligibility.
• DS-2019 copies (all) available?
• Same program objective?
• Enough time in J status to continue?
• Ask scholar to contact his/her current
  international advisor for permission to transfer.
• Official transfer is coordinated by intl
  advisors.

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Exchange Visitor ProgramJ-2 Dependents

• Spouse and children (under the age of 21)
• Additional Funding required for support
• 8,400/yr spouse
• 4,200/yr child
• Spouse may apply for work authorization.

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Exchange Visitor ProgramThe Two Year Rule

• Exchange Visitors are subject to the 2-Year
  Home Residence Requirement if
• Their skills are place on The Skills List by
  their home country.
• They are foreign medical graduates seeking
  medical training and education.
• They are funded by a government sponsor.

57
Exchange Visitor ProgramWaivers of the Two Year
Rule

• Possible to apply for a waiver of subjectivity to
  the 2-year rule
• Scholar may have his/her home government supply a
  letter of no objection to the U.S. Dept of State.
• Apply to the U.S. Department of State
• Approved waiver simply frees the scholar from the
  2-year rule for the current program.

58
Exchange Visitor ProgramSocial Security Numbers

• New scholars should not apply for a SSN before 10
  days after arrival to the U.S.
• Early applications can actually delay the
  processing of the SSN.
• SSA needs time to receive the
  information in the database from DHS.

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Exchange Visitor ProgramAbuses

• Using the J as a quick method to get the scholar
  here, knowing they will eventually apply for the
  H-1B.
• Scholar coming on his/her own and leaving family
  here for other purposes.
• Leaving spouse here to work while out of the U.S.
  for longer than a month.
• Extending scholars J to give time to wait for
  something else.

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Exchange Visitor ProgramDifferences between J
and H-1B

• J VISAS
• Exchange Program participant
• May or may not be paid
• 2-Year Home Residence requirement
• Activities outline by the program description
• Many categories

• H-1B VISAS
• Employee
• Must be paid at least the minimum standard
• May apply for permanent residence
• Activities outlined by the job description
• No categories

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Exchange Visitor ProgramReview of Part II

• Requesting a J
• Pre-Arrival
• Arrival Check-In / Orientation
• Maintaining Legal J Status
• Employment
• Transferring
• End of Program

• Waivers of 2-Year Rule J-2 Dependents
• SS Numbers
• Abuses
• Differences between J and H-1B