J-1 Scholar Overview for F-1 Advisors Services for International Students & Scholars (SISS) UC Davi...
PresentersMargaret HellwarthAssistant Director, International Scholar Services• PH: 530-752-7877• Email: mhellwarth@ucdavi...
At the End of this Session Participants Will Know About:• The J exchange visitor program and J scholar status – Overvi...
The J-1 Exchange Visitor Program →Administered by the U.S. Department of State, Bureau of Educational & Cultural Affairs. ...
J-1 & J-2 Documents P Passport DS-2019 J-1/J-2 Visa Stamp I-...
Biographical SEVIS ID info J-1 For Program dates Designated ...
Status Date of entry J-1 visa Duration of status 7
J-1 Visa Sample Visa TypeNumber of Visaent...
Most Common J-1 Scholar Categories Used at Universities• Research Scholar• Professor• Short-Term Scholar• Spec...
General Requirements for all J-1Scholar Categories Must engage in scholarly activities Enrollment in classes/degree ...
J Scholar Categories DifferencesMinimum length of programMaximum length of programActivities permittedBars/w...
J-1 Research Scholar/ProfessorDuration of stay: 3 weeks to 5 yearsActivities: teaching, research, observing, consultingWho...
Other J-1 Scholar Categories J-1 Specialist J-1 Short-Term Scholar ...
Activities Allowed for J-1 ScholarsWork Study• In general, J-1 Scholar...
Incidental Employment• A J-1 scholar is authorized to work ONLY for the J-1 program sponsor.• A Responsible Officer/Alter...
2-Year Home Residency Requirement-212(e)• J-1 Scholar is subject if: • Received funding from government (home or US) •...
J-1 Visa Sample 2- year home residency requirement ...
Can the 212(e) Requirement be Waived? Waiver is the scholar’s responsibility http://www.travel.state.gov/visa/tempvisi...
When Should a J-1 Scholar Change Status to Student?• Scholar has been admitted to a full-time program of study.• ...
Visa Options for J Scholar Dependents/Partners• For J-1 married to opposite-sex spouse and for children under 2...
B-2 Option for Same-Sex Spouses and Cohabitating Partners• US Consulate: Officer notates the B-2 visa with the ...
Activities Allowed for J-2 DependentsStudy Work• J-2 dependents are allowed to...
Change of Status from J-2 Dependent to F-1 Student• J-2s may study part-or full-time (with EAD for TA or RA or on-cam...
Advising F-1 Students Who Have Option to Change to J-1 Scholar Status• J-1 sponsor will issue DS-2019 and assist wi...
General Tips for Change of Status from F to J and Timing the Petition• File at least 3 months in advance...
Study, Employment and Change of Status Options while in J-1 or J-2 StatusSTATUS STUDY ...
Helpful Websites Department of Homeland Security (DHS)• U.S. Citizenship & Immigration Services (USCIS)• http://www...
Helpful Websites Department of State (DOS)• Exchange Visitor Program• http://j1visa.state.gov/...
Final Thoughts – Questions? 29
Thank you for attending our conference session! 30
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Nafsa xii san jose j basics for f advisors 2012

Published on: Mar 3, 2016
Source: www.slideshare.net


Transcripts - Nafsa xii san jose j basics for f advisors 2012

  • 1. J-1 Scholar Overview for F-1 Advisors Services for International Students & Scholars (SISS) UC Davis Fall 2012 1
  • 2. PresentersMargaret HellwarthAssistant Director, International Scholar Services• PH: 530-752-7877• Email: mhellwarth@ucdavis.eduSimone KueltzLead J-1 International Scholar Advisor• PH: 530-752-7536• Email: skueltz@ucdavis.edu Services for International Students and Scholars, University of California, Davis siss.ucdavis.edu 2
  • 3. At the End of this Session Participants Will Know About:• The J exchange visitor program and J scholar status – Overview of categories and general regulations – J-2 dependent status – Two-Year Home Residency Requirement (being “subject to 212(e)”) – Permitted program activities – Change of status from J scholar to F student – Change of status from F student to J scholar 3
  • 4. The J-1 Exchange Visitor Program →Administered by the U.S. Department of State, Bureau of Educational & Cultural Affairs. →The purpose is to increase mutual understanding between the people of the U.S. & the people of other countries by means of educational & cultural exchanges. →Exchange visitors are expected to return to their home countries to utilize the experience & skills they have acquired while in the U.S. 4
  • 5. J-1 & J-2 Documents P Passport DS-2019 J-1/J-2 Visa Stamp I-94(issued by US embassy abroad, may (issued by DHS at port-of-entry or expire while in the US) on I-797 change of status notice)J-2 dependents need a valid EAD (Employment Authorization Document) to be employed. 5
  • 6. Biographical SEVIS ID info J-1 For Program dates Designated J category Port of entry stamp Travel signature spaceUS Consularannotation 6
  • 7. Status Date of entry J-1 visa Duration of status 7
  • 8. J-1 Visa Sample Visa TypeNumber of Visaentries expiration date 8
  • 9. Most Common J-1 Scholar Categories Used at Universities• Research Scholar• Professor• Short-Term Scholar• Specialist 9
  • 10. General Requirements for all J-1Scholar Categories Must engage in scholarly activities Enrollment in classes/degree program must not be the primary objective Must meet minimum funding requirement to cover living expenses for program duration Must have sufficient knowledge of English to participate in program (however, no TOEFL or other test required) Must have health care coverage that meets regulatory minimum 10
  • 11. J Scholar Categories DifferencesMinimum length of programMaximum length of programActivities permittedBars/waiting times between J programsBenefits (incidental employment) 11
  • 12. J-1 Research Scholar/ProfessorDuration of stay: 3 weeks to 5 yearsActivities: teaching, research, observing, consultingWho is eligible? Must have Bachelor’s degree or higher* Must NOT be a candidate for tenure-track position Must NOT be subject to the “12-month bar” based on previous time spent in any J status (except short-term scholar) Must NOT be subject to the “24-month bar” based on previous time spent in J-1 research scholar/ professor status 12
  • 13. Other J-1 Scholar Categories J-1 Specialist J-1 Short-Term Scholar (expert in field) (no Bachelor’s degree required)(minimum Bachelor’s degree)Duration: up to 6 months Duration: 3 weeks to 1 yearAppropriate if: Appropriate if: lecture, observe, research  observe, consult or less than 3-weeks visit demonstrate special knowledge or skills (not for research or no extension beyond the teaching) 6-month limit desired  no extension beyond the 1-year limit desired 13
  • 14. Activities Allowed for J-1 ScholarsWork Study• In general, J-1 Scholars may • J-1 scholars are allowed to enroll only be paid by their program in classes on a part-time basis. sponsor and/or the entity listed on the DS-2019 (third party). • “Part-time” coursework is defined by each institution (at UCD, it equals no more than 8 units).• J-1 professors, researchers and short-term scholars may • Scholars should get approval from be approved for “incidental their international scholar advisor employment” by their program before enrolling in classes. sponsor (next slide). • Policies and procedures vary among universities. 14
  • 15. Incidental Employment• A J-1 scholar is authorized to work ONLY for the J-1 program sponsor.• A Responsible Officer/Alternate Responsible Officer (“RO” or “ARO,” similar to a “DSO”) may approve J-1 research scholars/professors for occasional lectures, short-term assignments or other incidental work opportunities at a site other than the one issuing the DS-2019.• Authorization from the J-1 program sponsor is required in writing, in advance of employment start date. 15
  • 16. 2-Year Home Residency Requirement-212(e)• J-1 Scholar is subject if: • Received funding from government (home or US) • Country and field is on Exchange Visitor Skills List • Graduate medical education or training• Being “subject” means J-1 Scholar (& J-2 dependents) must return home for 2 years after J-1 program, or receive a waiver, in order to apply for L-1, H-1B visa or permanent residency.• Being “subject” does not prohibit F-1 visa application at US embassy but does prohibit change of status in the US. 16
  • 17. J-1 Visa Sample 2- year home residency requirement 17
  • 18. Can the 212(e) Requirement be Waived? Waiver is the scholar’s responsibility http://www.travel.state.gov/visa/tempvisitors_info_waivers.htmlThe Exchange Visitor Skills List is on the Department ofState (DOS) website:http://travel.state.gov/visa/temp/types/types_4514.htmlDOS makes the final determination If approved, J-1 scholar and J-2 dependents may change status inside the US and may acquire H-1B, L-1 or PR If not approved, still possible to gain F-1 status through travel 18
  • 19. When Should a J-1 Scholar Change Status to Student?• Scholar has been admitted to a full-time program of study.• Scholar may change status (COS) to F-1 student in US or travel home to apply at US embassy. COS: Initial F program start date has to fall within 30 days from J status end date. May start program while application is pending (no student benefits).• Must apply for student visa at US embassy: if subject to 212(e), unless waiver approved if COS timing issue 19
  • 20. Visa Options for J Scholar Dependents/Partners• For J-1 married to opposite-sex spouse and for children under 21 years old: – J-2 dependent status is used• If J-1 is married to same-sex spouse or has cohabitating partner:  Partner may qualify for their own principal visa status, such as J-1 scholar or F-1 student  Partner may request B-2 tourist status (next slide)
  • 21. B-2 Option for Same-Sex Spouses and Cohabitating Partners• US Consulate: Officer notates the B-2 visa with the principal nonimmigrant’s visa type and duration• US Port of Entry: Partner requests B-2 admission for one-year if the B-2 visa holder plans to stay in the United States more than 6 months• Extension of B-2 Status (with USCIS): Partner may request extensions in six-month increments for the duration of the principal alien’s nonimmigrant status 21
  • 22. Activities Allowed for J-2 DependentsStudy Work• J-2 dependents are allowed to • J-2 dependents are allowed to apply for an EAD (employment authorization study full-or part-time without document). change of status. • It takes approximately 3 months to• J-2 status ends when J-1 receive the work permit. status ends, which may not be • No employment is allowed without the in line with academic calendar. work permit; the work permit would allow on campus employment, etc.• J-2 dependents cannot work on campus (or elsewhere) or • Volunteer activity that is typically “volunteer” (e.g. red cross, Candy receive payment without an Striper, etc.) is ok; otherwise, a work EAD. permit is recommended even for “non- paid employment.” 22
  • 23. Change of Status from J-2 Dependent to F-1 Student• J-2s may study part-or full-time (with EAD for TA or RA or on-campus employment)• J-2 child turning 21 has to leave US or apply for change of status before 21st birthday• J-1 status and therefore J-2’s status expires prior to end of studies• OPT considerations• If subject to 212(e), could try to apply for 212 (e) separately from J-1 23
  • 24. Advising F-1 Students Who Have Option to Change to J-1 Scholar Status• J-1 sponsor will issue DS-2019 and assist with process;• Change of status must be filed prior to expiration of current status;• Change to J-1 status will make some individuals “subject” to 212(e) (but not all);• If change of status is pending, applicant would be legal to stay in US after previous status expires but would not be able to accept financial support from sponsor until COS is approved. 24
  • 25. General Tips for Change of Status from F to J and Timing the Petition• File at least 3 months in advance of start date;• Must be filed prior to current status expiration;• Applicant must have DS-2019 issued by sponsor for self and dependents;• There should be no gap between F-1 grace period and J-1 start date (may file COS during grace period);• If the J-1 start date is reached and the COS has not yet been approved, the J-1 start date must be changed to a later date by the J-1 sponsor;• Applicant must complete Form I-539 and include supporting documents for self and dependents.• Pay Fees: SEVIS fee $180, COS fee $290 25
  • 26. Study, Employment and Change of Status Options while in J-1 or J-2 StatusSTATUS STUDY EMPLOYMENT ELIGIBILITY TO CHANGE STATUS TO F-1 IN U.S.J-1 scholar *Only part-time as defined *Authorized to work for J program * Only if not subject to the 2-year by J program sponsor sponsor only home residence requirement (research/teaching should (212e) be the objective of the *Incidental employment authorization visit; not primarily a could allow for work outside of program *If subject: may apply for F-1 visa program of study) sponsor as independent contractor (will at US embassy in home country need sponsor authorization letter)J-2 dependent (spouse, *Part-or full-time study *Only with employment authorization * Only if not subject to the 2-yearchild under 21) document (EAD) from USCIS, not to home residence requirement exceed J-1 scholar’s program time (212e) * If subject: may apply for F-1 visa at US embassy in home countryPending change of N/A *Only with J status approval notice and N/Astatus from F-1 student only after J program start date hasto J-1 scholar arrivedPending change of *Can take classes while *Only after F-1 status approval & N/Astatus from J-1 scholar pending but only eligible according to student regulationsto F-1 student for student status benefits after F-1 status approval 26
  • 27. Helpful Websites Department of Homeland Security (DHS)• U.S. Citizenship & Immigration Services (USCIS)• http://www.uscis.gov• On this website, you will find Form I-539, “Application to Extend/Change Nonimmigrant Status.” There are also detailed instructions on how and where to file a change of status petition, ELIS (Electronic Immigration System).• USCIS Case Status Tracker• https://egov.uscis.gov/cris/Dashboard.do• Once a change of status is filed, the beneficiary will get a receipt with a receipt number. With that number, the case can usually be tracked online (note: occasionally, the case status information is not entered, even though the case is in process).• SEVP Fact Sheets• http://www.ice.gov/sevis/factsheets.htm• Fact Sheets about the J-1 and DMV, social security, etc. 27
  • 28. Helpful Websites Department of State (DOS)• Exchange Visitor Program• http://j1visa.state.gov/basics/• All the basic information about J-1 and J-2 visas.• Department of State Exchange Visitor Program• http://travel.state.gov/visa/temp/types/types_1267.html• Comprehensive overview of J-1 Exchange Visitor Program.• Department of State J-1 Waiver Page• http://travel.state.gov/visa/temp/info/info_1296.html• Comprehensive information on what it is to be “subject to 212e” and how to get a waiver.• Department of State Visa Wait Times• http://travel.state.gov/visa/temp/wait/wait_4638.html• Listing of the amount of time it takes to get an appointment for a visa, and have the visa application processed, in all the US Embassies and Consulates around the world. 28
  • 29. Final Thoughts – Questions? 29
  • 30. Thank you for attending our conference session! 30

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