The A,B,C s of J1 Status

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The A,B,C s of J-1 Status

• A presentation for
• NAFSA Association of International Educators
  Region X Upstate Update
• June 15, 2006
• Utica College
• Utica, New York

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• Student?
• Scholar?
• Researcher?
• Teacher?
• Who is in Your Alphabet Soup and What Rules
  Apply????

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Purpose..

• The overall purpose of the Exchange Visitor
  program, administered by the Department of
  State (DOS), is to increase mutual understanding
  through educational and cultural exchanges
  between the people of the U.S. and the people of
  other countries. Exchange programs at
  universities seek to do this through a variety of
  formats, including, but not limited to, study,
  instruction and research.

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• The Exchange Visitor Program is carried out under
  the provisions of the Mutual Educational and
  Cultural Exchange Act of 1961, as amended. The
  purpose of the Act is to increase mutual
  understanding between the people of the United
  States and the people of other countries by means
  of educational and cultural exchanges.

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• The Exchange Visitor Program is administered by
  the Office of Exchange Coordination and
  Designation in the Bureau of Educational and
  Cultural Affairs. The internet website for
  information on the Exchange Visitor Program is
  http//exchanges.state.gov/education/jexchanges.

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• At the conclusion of their program Exchange
  Visitor program participants are expected to
  return to the home countries to utilize the
  experience and skills they have acquired while in
  the United States.

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• In carrying out the responsibilities of the
  Exchange Visitor Program, the Department
  designates public and private entities to act as
  exchange sponsors. Designated sponsoring
  organizations facilitate the entry of foreign
  nationals into the United States as exchange
  visitors to complete the objectives of one of the
  exchange visitor program categories.

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Categories

• Au pair
• Camp Counselor
• Student, college/university
• Student, secondary
• Government Visitor
• International Visitor (reserved for U.S.
  Department of State use)
• Alien physician

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• Research Scholar
• Short-term Scholar
• Professor
• Specialist
• Summer work/travel
• Teacher
• Trainee

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Preparation of Form DS-2019

• Information needed
• Category selection
• Financial information/implications thereof
• Errors/correcting errors
• Validity period(s)

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To qualify, applicant must show

• That they plan to remain in the U.S. for a
  temporary, specific, limited period
• Evidence of funds to cover expenses in the United
  States
• Evidence of compelling social and economic ties
  abroad and other binding ties which will insure
  their return abroad at the end of the visit.

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SEVIS

• All exchange visitor applicants must have a SEVIS
  generated
• DS -2019 issued by a Department of State
  designated sponsor, which they submit when they
  are applying for their exchange visitor visa.

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SEVIS FEE

• Each J-1 Visa applicant must pay a SEVIS I-901
  Fee (100) to the Department of Homeland Security
  for each individual program. The fee may be paid
  either through a special web site, via Western
  Union, or by mail.

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Family Members

• Spouse and children may apply for
• J-2 visa to accompany or join a J-1 visitor to
  the U.S. Once here, if the J-2 spouse wants to
  be employed, an application to DHS, US
  Citizenship and Immigration Services (USCIS) and
  be approved for permission to work.

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Upon Arrival

• A new Exchange Visitor (J-1) MUST be validated in
  the SEVIS system within 30 days of arrival in the
  U.S.
• An Exchange Visitor and his/her dependents MUST
  be covered by a comprehensive health insurance
  program at all times in the U.S.

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Employment?

• A J-1 STUDENT may be employed on or off campus
  with the written authorization of his/her
  RESPONSIBLE OFFICER (or alternate responsible
  officer) while maintaining full-time student
  status.

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• A J-1 SCHOLAR may only work in the capacity in
  which s/he entered the U.S. on the current
  DS-2019. S/he may NOT obtain other employment
  either on or off campus.

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Academic Training

• A J-1 student may obtain academic training under
  certain conditions
• You must be in valid J-1 status and in good
  academic standing at the school named on your
  Form DS-2019.
• Academic training must be done with a specific
  employer or training site.

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Academic Training

• The proposed employment must be directly related
  to your major field of study.
• Written approval must be obtained in advance for
  the duration and type of academic training.
• If your post-completion Academic Training will be
  unpaid, you must prove you have adequate
  financial support.

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IMPORTANT NOTE

• You must apply for AT before completion of your
  program and before the expiration of your
• DS-2019. The Exchange Visitor Program will not
  allow application to be made during the 30-day
  grace period you are allowed to stay in the
  United States upon completion of your program of
  study.

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Duration of Academic Training

• The duration of academic training depends on the
  type and duration of your academic program.
• General limits which apply to all students
• The duration of academic training may not exceed
  the length of the academic program.

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• Part-time and full-time academic training are
  counted the same against the total time allowed.
  Part-time academic training is not counted at
  half the rate of full-time.
• Academic training used before completion of the
  academic program is deducted from the total time
  available.

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• Non-degree students An exchange student
  enrolled for one semester may be granted academic
  training for the equivalent time of their
  studies. Total J-1 program time for non-degree
  students is limited to 24 months, including both
  study and academic training time.

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• Degree students Academic training is normally
  limited to a maximum of 18 months.
• PhD students Academic training may be available
  for 36 months for "postdoctoral training"
  positions.

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Employment Application for J-2

• A J-2 dependent must file Form
• I-765 with 100 fee) Application for Employment
  Authorization with the USCIS office that serves
  the area where they live for a work permit
  (employment authorization document). The process
  takes several months.

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Social Security Number

• J-1 may obtain a Social Security number upon
  presentation of employment verification to the
  Social Security Administration.
• J-2 dependents may ONLY obtain a Social Security
  number AFTER obtaining employment authorization
  from the U.S.C.I.S.

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Two Year Home Residency Requirement

• If the exchange visitor is subject to INA
  212(e) requirement, he or she cannot change his
  or her status to that of H, L, K, or immigrant
  lawful permanent resident (LPR) until he or she
  has returned to his/her home country for at least
  two-years or received a waiver of that
  requirement

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• TWO YEAR HOME COUNTRY PHYSICAL PRESENCE
  REQUIREMENT
• This requirement is based on S212(e) of the U.S.
  Immigration and Nationality Act. You are subject
  to this requirement if
• Your financial support comes from the US
  government, your government, or an international
  organization or

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• Your country and field specialization are listed
  on the Exchange Visitor Skills list as being in
  short supply in your country. (The Skills List
  can be accessed at http//exchanges.state.gov/jvis
  a/jexp8.htm).
• You come to the United States to receive graduate
  medical education or training.

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If you are subject to the home residence
requirement

• You may not become a permanent resident of the
  United States.
• You may not obtain an H or L visa from a US
  Consulate or US CIS Service Center.
• You may not change status in the U.S., except to
  A or G.

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UNLESS

• You spend an aggregate period of 2 years in your
  home country or
• You receive a waiver of the requirement from the
  Department of State and the Immigration and
  Naturalization Service.
• For information on 212(e) waivers see Department
  of State web site at http//travel.state.gov.
  Click on "J Visa Waivers

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Obtaining a Waiver?

• Waiver of the J Visa Two-Year Foreign Residence
  Requirement, 212(e)
• Online - New! You can now complete and print your
  J Visa Waiver Recommendation Application (Form
  DS-3035) online. Reserve a case number and begin
  the J Visa Waiver or advisory opinion process
  today. You can also complete and print a change
  of address or statement of reason.

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• https//j1visawaiverrecommendation.state.gov/
• Welcome to J Visa Waiver Online! 
• Certain exchange visitors are subject to the
  two-year foreign residence requirement of Section
  212(e) of the Immigration and Nationality Act.
  This web site allows exchange visitors desiring a
  waiver of 212(e) to reserve a case number and
  begin the paperwork for their request to the
  Department of State Waiver Review Division for a
  waiver recommendation.

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• The exchange visitor or representative controls
  the data entry to ensure an error-free
  submission.  J Visa Waiver Online creates a
  bar-coded document that will facilitate
  processing by the Waiver Review Division. As a
  result, processing times will be reduced. Those
  exchange visitors with case numbers can submit
  changes to their contact information or check the
  status of their case file.
• IMPORTANT It is not currently possible to
  "submit" the data electronically, or to pay any
  fees online. All documentation and fees must
  continue to be mailed to the Department of State.
  

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• Waivers
• Program participants who are subject to the
  two-year home-country physical presence
  requirement, as established by Section 212(e) of
  the Immigration and Nationality Act, must apply
  for a waiver of that requirement if they seek to
  remain in the United States beyond the end date
  of their programs or if they seek to submit an
  application to the Immigration and Naturalization
  Service for a change in visa status.

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• A waiver may be requested for five statutory
  bases
• 1) a claim of Exceptional Hardship to a U.S.
  citizen or legal permanent resident spouse or
  child of an exchange visitor if the exchange
  visitor is required to return to the country of
  residence
• 2) a claim that the participant will be
  persecuted due to race, religion, or political
  opinions if he/she returns to the country of
  residence

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3) a request from an interested US Government
Agency on the participant's behalf 4) a No
Objection Statement from your government and
5) a request by a designated State Health
Department or its equivalent.
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• Participants must file an application to receive
  a recommendation for a waiver with the Department
  of State. Please refer to the regulations for
  details. 22 CFR 41.63

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• Information about waivers may also be obtained
  from the Department of State's Visa Office. The
  public inquiry line for waivers is (202)
  663-1225 fax [phone].

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Skills List
http//dosfan.lib.uic.edu/usia/GC/gc_docs/j_exchan
ge/skills.pdf
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Duties of Responsible Officer

• Validation of arrival/enrollment
• Updating of information
• Extensions
• Transfers
• Employment Authorization
• Academic Training Authorization
• Ordering/keep a supply of Form DS-2019
• Annual Report

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The New Colossus by Emma Lazarus

• Give me your tired, your poor,Your huddled
  masses yearning to breathe free,
• As long as they are not Subject to 212(e)havent
  been in the U.S. in J-1 research scholar status
  for over 6 months.havent worked without
  authorizationand have paid their taxes!!!!!

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• Presented by
• Patricia A. Burak paburak_at_syr.edu
• Lynn A. Dunyk ladunyk_at_syr.edu
• Andrea Godfread-Brown agodfrea_at_syr.edu
• Slutzker Center for International Services
• Syracuse University www.international.syr.edu