J-1 EXCHANGE VISITORS

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/

• 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-1’s 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

WWW.TEMPLE.EDU/ISSS/INTERNATIONAL/EXCHANGE-VISITOR-SCHOLARS.HTML

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 scholar’s DS-2019 Form if you do not upload the UPS airway bill into ISD before you submit the scholar’s 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.

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.

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

• 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.

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.

Employment of

scholars/researchers/professors in

J-1 status is site-specific

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.html; if outside insurance, J-1 must submit compliance form: www.temple.edu/isss/general/health-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

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.

NEW INSURANCE COVERAGE AMOUNTS STARTING ON MAY 15, 2015

J visa holders should review their health insurance immediately. If the J’s 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

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-being-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.

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

 

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

 

If the J-2 dependent is a child without a personal email address, it’s acceptable to use a parent’s email address.

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.

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

• 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-record-keep-open.html

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-transfer.html

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-1’s 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-transfer.html

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/cosvtraveljscholars.htm

PAYMENT TO A TEMPLE-SPONSORED J-1

Short-term Scholar/ Research Scholar/ Professor/ Specialist

• OK—Expenses, w/ written permission from ISSS

•OK—Honorarium w/ written permission from ISSS

•OK—Salary Payment w/ written permission from ISSS

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