J-1 Exchange visitors

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J-1 Exchange visitors
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USEFUL TERMS TO KNOW

• US Citizenship and Immigration Service (USCIS)
  Branch of the U.S. Department of Homeland
  Security which has authority over all aliens in
  the United States, including international
  scholars and employees in J status.
  www.uscis.gov
• Bureau of Educational and Cultural Affairs (ECA)
  Branch of the U.S. Department of State (DOS)
  which has authority over J-1 Exchange Program
  Visitors (students, scholars, and ECFMG-sponsored
  Js) http//j1visa.state.gov/participants/

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• Program Sponsor The agency or institution that
  issues a DS-2019.
• Program A program is defined as what someone has
  been admitted to the U.S. to do. For example, a
  Researcher or Professor in the field of Math or
  History
• DS-2019 This is the form used to obtain and
  renew J-1 exchange visitor status. It states
  J-1s program sponsor, dates authorized in the
  program, and classification as a research
  scholar, professor, etc.
• I-94 This form is now electronic - US Customs
  and Border Protection govern this form which
  indicates when and in what status someone entered
  the US as well as how long s/he can remain in the
  US

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www.temple.edu/isss/international/exchange-visitor
-scholars.html
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• If you want ISSS to express the DS-2019 when it
  is ready, you must upload a UPS Airway Bill in
  PDF format to ISD. If no airway bill is uploaded,
  your department will need to pick up the DS-2019
  when you are notified by email that it is ready.
• You will delay the mailing of your scholars
  DS-2019 Form if you do not upload the UPS airway
  bill into ISD before you submit the scholars ISD
  record to ISSS. In order to be most efficient in
  the DS-2019 process, include the UPS airway bill
  before ISSS receives the ISD record.

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• If your Scholar will be Non Tenure Track or
  Adjunct Faculty, you must upload a
  properly-issued and signed Appointment Letter to
  ISD. Do not upload the letter for Visiting
  Research Scholars or Postdoctoral Fellows as the
  Postdoctoral Affairs Office will send a signed
  appointment letter to ISSS once the appointment
  is approved.

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www.temple.edu/isss/international/exchange-visitor
-scholars.html

• Research Scholar / Professor Up to 5 Years But
  Subject to 24 month ban
• Short Term Scholar Up to 6 Months But Not
  Subject to 24 month ban
• Specialist Up to 12 months But Not Subject to 24
  month ban
• Any Exchange Visitor Can Be Subject to Two Year
  Home Residency Requirement if s/he is on the
  Skills List or Receives US/Home Government
  Funding

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• J-1 Research Scholar/Professor/Short Term Scholar
  may work/perform research/teach ONLY for the
  department who requested their presence
• J-1 program is NOT to be used for Permanent
  Employment
• Temple University is prohibited by US Law to
  sponsor medical residents on our J program
• Research scholars in J-1 status are limited to 5
  years in this status.

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Employment of scholars/researchers/professors in
J-1 status is site-specific

• If your department wishes to hire/invite an
  Exchange Visitor in J-1 status who had been
  invited by another Temple Department, your
  department must contact ISSS PRIOR TO ANY
  EMPLOYMENT/SCHOLARLY ACTIVITY.

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Sufficient Insurance Coverage

• Documentation of sufficient insurance coverage
  for J-1 and any accompanying J-2 dependents for
  the duration of the appointment letter
• No insurance through Temple - find a list of
  companies that meet US State Dept criteria at
  www.temple.edu/isss/general/insurance-companies.ht
  ml if outside insurance, J-1 must submit
  compliance form www.temple.edu/isss/general/healt
  h-j-scholar.html
• Eligible for insurance through Temple must
  purchase additional medical evacuation and
  repatriation insurance http//www.temple.edu/isss
  /general/health-j-scholar.html

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J Subpart A 2014 Final Rule

• In October, the United States Department of State
  published a substantial change to J regulations
  with the intention of better protecting program
  participants. These changes will be implemented
  in two phases, starting on January 5, 2015.

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New Insurance Coverage Amounts Starting on May
15, 2015

• J visa holders should review their health
  insurance immediately. If the Js plan is not
  compliant with the new minimums, the Exchange
  Visitor will need to change her/his insurance
  policy to one that meets the new criteria.
  Exchange Visitors are independently responsible
  for determining if their insurance meets
  requirements.
• Insurance coverage must begin no later than the
  Program Begin Date as noted on their DS-2019
  Form and must not end before the effective
  Program End Date.
• By May 15, 2015, all J-1 and J-2 visa holders
  must have health insurance that meets these
  requirements

Item Minimum Amount  
Medical benefits 100,000 per accident or illness
Repatriation of remains 25,000
Medical evacuation 50,000
Deductible per accident or illness Not to exceed 500
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• Program sponsors are required to notify Exchange
  Visitors that they may be subject to the
  requirements of the Affordable Care Act (ACA).
  Details regarding the ACA can be found at
  www.hhs.gov/healthcare/rights/index.html and
  penalties for lack of coverage can be found at
  www.healthcare.gov/fees-exemptions/fee-for-not-bei
  ng-covered/
• Important issues to consider immediately are
• J Visa holders without salary should review their
  current insurance to ensure it is compliant with
  the new coverage amounts and change their
  coverage, if necessary, prior to May 15, 2015.
  Exchange Visitors are independently responsible
  for determining if their insurance meets
  requirements.
• All J visa holders must make sure that they have
  repatriation and evacuation insurance meeting the
  new minimums.

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New Reporting Requirements Starting on January 5,
2015

• J-1 Students and Scholars must now report the
  following information (and update ISSS within 10
  days of any change)
• Primary e-mail address
• Primary telephone number
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• J-2 Dependents must now report the following
  information (and update ISSS within 10 days of
  any change)
• Primary e-mail address
• Departure from the US if leaving prior to the
  final departure of their J-1 spouse or parent
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• If the J-2 dependent is a child without a
  personal email address, its acceptable to use a
  parents email address.

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Objective Measurement English Language
Proficiency for New J-1 Exchange Visitors
Starting on January 5, 2015

• Any DS-2019 form issued on or after January 5,
  2015 will require the student intern or scholar
  beginning a new J-1 program to demonstrate
  English language proficiency in one of three
  ways
• A recognized English language test
• Signed documentation from an academic institution
  or English language school or
• A documented interview conducted by the sponsor
  either in-person or by videoconferencing, or by
  telephone if videoconferencing is not a viable
  option
• ISSS has created a form for departments to use in
  assessing English proficiency that is compliant
  with the new requirement.

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Two Year home residency requirement

• J-1 Who Is Subject To This Requirement Cannot
  Change Immigration Status In The US Also, S/he
  Is Not Eligible For An H-1B or L-1 Visa Stamp Nor
  An Immigrant Visa Stamp (Permanent Residence)
• J-1 May Apply For A Waiver Of This Requirement
  easier to get waiver if someone is subject based
  on skills rather than funding
• If Waiver Recommended By The US Dept of State,
  DS-2019 Can Not Be Extended Or Transferred To
  Another Institution
• www.temple.edu/isss/immigration/residency.html

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• SEVIS has an Out of Country functionality that
  allows ISSS to notify the Department of Homeland
  Security / US Department of State that a J-1
  Professor or Research Scholar is participating in
  his or her exchange program for a one-time only
  period of six or fewer months during her/his
  program outside the US. The record remains in
  Active SEVIS status during that period.
• Please note that if the J-1 Exchange Visitor will
  depart the US again for 31 days or more after
  this one-time only period, it is inappropriate
  for our office to keep the SEVIS record open.  In
  this case, ISSS will complete the current J
  program, and the individual can return later in
  either J-1/ Short-Term Scholar status (which
  requires payment of a new SEVIS fee) or possibly
  another appropriate status.
• www.temple.edu/isss/international/sevis-recor
  d-keep-open.html

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• Transferring To Temple University
• Transfers No Longer Processed During 30-Day
  Grace Period
• An exchange visitor may transfer between programs
  as long as
• S/he is maintaining J1 status with current
  program sponsor
• Purpose of transfer is to complete her/his
  program objective for which he or she was
  admitted to exchange visitor status and
• S/he remains within the same participant program
  category
• S/he has not received a waiver recommendation
  from the US Department of State
• EV should not terminate research/teaching
  activities with current program sponsor until
  SEVIS record has been released to Temple
  University.
• www.temple.edu/isss/international/sevis-record-tra
  nsfer.html

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• Transferring FROM Temple University
• J-1 must be pursuing the same program objective
  at the new institution and must remain in the
  same J category
• ISSS must receive
•  Email from the J-1 Exchange Visitor stating
• First and Last Name
• Name and Program of new institution
• Email address of J Scholar Advisor at the new
  institution
• Date that we should transfer SEVIS record
• Field of research at the new institution and
• Statement that J-1 Has Not Received a Waiver
  recommendation from the US DOS
•  Email message from current PI/Faculty Mentor
  stating
•  J-1s last day at TU
• That J-1 will be continuing original program
  objective at the new institution
• Once our office receives these emails we will
  transfer SEVIS record to the new institution
• www.temple.edu/isss/international/sevis-record-tra
  nsfer.html

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Changing to J-1 status in the US

• I-539 Application To Change Status Fee is 290
• USCIS Can Take 5 Months Or More to Approve the
  Petition
• J-1 Applicant Cannot Be In Temple Department
  Until J-1 Status Is Granted Unless Applicant Has
  A Current Status That Allows This
• www.temple.edu/isss/international/cosvtraveljschol
  ars.htm

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Payment to a Temple-sponsored J-1

• Short-term Scholar/ Research Scholar/ Professor/
  Specialist
• OKExpenses, w/ written permission from ISSS
• OKHonorarium w/ written permission from ISSS
• OKSalary Payment w/ written permission from ISSS

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Payment to a Non-Temple-sponsored J-1

• Research Scholar/ Professor/ Short Term
  Scholar/Specialist
• The exchange visitor may act as an independent
  contractor
• Responsible Officer at other institution must
  make a written determination whether such
  activity is warranted and satisfies the
  criteria.
• Then OK Expenses and /or Honorarium Salary is
  NOT OK