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J-1 Exchange Visitors.

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Presentation on theme: "J-1 Exchange Visitors."— Presentation transcript:

1 J-1 Exchange Visitors

2 Tourist Visa Almost Always Inappropriate for Researchers
In general, ISSS recommends that non- employee individuals from abroad who will come to Temple to engage in research, lecture, etc. should enter the US as a J-1 Exchange Visitor.

3 B-1/2 Tourist Visa Almost Always Inappropriate for Researchers
The B-1 category is appropriate for aliens who wish to come to the United States to engage in temporary commercial, business, or professional activities related to their employment or business abroad, provided that the U.S. activity does not constitute "employment" in the U.S. 22 C.F.R. § 41.31(b)(1) The term "business," as used in INA 101(a)(15)(B), refers to conventions, conferences, consultations and other legitimate activities of a commercial or professional nature. It does not include local employment or labor for hire.

4 US Immigration Agencies
US Department of State: Bureau of Educational and Cultural Affairs (ECA) Oversees J-1 Exchange Program Visitors (students, scholars, and ECFMG-sponsored Js) US Department of Homeland Security US Customs and Border Protection (US CBP): Safeguards America’s border US Citizenship and Immigration Service (USCIS) Oversees lawful immigration to the United States

5 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

6 Research Scholar / Professor: Up to 5 Years But Subject to 24 month ban Category used for Visiting Research Scholars/Postgraduate, Postdoctoral Fellows and NTT Faculty Short Term Scholar: Up to 6 Months But Not Subject to 24 month ban (Visiting Research Scholars/Postgraduate and Adjunct Faculty) 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 – no minimum amount of time in the US required to be subject

7 J-1 Research Scholar/Professor/Short Term Scholar may work/perform research/teach ONLY for the department who requested their presence No “Hands-On” training with humans or animals –strictly research and observation 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

8 Submitting a Record to ISD
The information your department submits to ISSS will be transferred to a controlled US Government Document; any falsification of information may subject the University to sanctions and/or penalties. In the event that Temple University is audited by the US Citizenship and Immigration Service, Department of Labor, Department of State or other local, state, or federal agency, the hiring department is responsible for any misinformation it provided, not ISSS.

9 Submitting a Record to ISD
By submitting a record in ISD, the Department Chair/Director consents to abide by Temple University policies and Federal, State and Local regulations. Moreover, the department agrees to:  Authorize ISSS to sign all required, official DOS, DOL and USCIS paperwork Notify ISSS if the applicant will not arrive in the US before the start date listed on the Temple-University sponsored immigration document; Contact ISSS to schedule an appointment for the Foreign National to meet with ISSS immediately upon arrival into the US; Ensure the visitor purchases and maintains the appropriate health insurance for the duration of the J Program for Foreign Nationals in J-1/J-2 status; Assist the Foreign National with completing Human Resources paperwork, obtaining housing in the Philadelphia area, setting up an office, obtaining computer access, securing library privileges, and obtaining Temple ID; Inform ISSS immediately if the Foreign National will not come to Temple or departs Temple before the end date on her/his immigration document; Notify ISSS PRIOR to any changes made to the Foreign National's Program/Employment (job title, funding, work site, etc)

10 What Department Needs to Upload in ISD:
UPS Airway Bill Incidental Patient Contact Letter for Foreign Medical Graduates (if applicable) Be Sure to Submit ISD Record Through the Tasks Bar

11 What J-1 Applicant Needs to Upload:
Funding Documentation if Applicant Will Not Be Paid By Temple U   Proof of appropriate health insurance for J-1 and any accompanying J-2s Insurance compliance form (if applicable); Copy of passport photo page for J-1 and any accompanying J-2s Copies of all previously issued immigration documents issued by the U.S. Government ONLY Recent CV Copies of diplomas and transcripts (English translations if diplomas are not in English)

12 Sufficient Insurance Coverage
Insurance for J-1 and J-2 dependents must match the start and end date on the appointment letter If J-1 will not receive insurance through TU: List of companies that meet US State Dept criteria available at If J-1 purchases insurance from a company not listed on ISSS website, J-1 must submit compliance form If J-1 is eligible for insurance through Temple must purchase additional medical evacuation and repatriation insurance:

13 English Proficiency If J-1 has not earned a degree from a U.S. institution or was not educated in a country where English is the primary language of instruction, J-1 needs to: 1) schedule an English Proficiency interview with Temple’s ITA Coordinator OR 2) take a TOEFL, IELTS or PTE Academic test

14 English Proficiency J-1 signs up for interview at: J-1 will need the following: FSA Scholar ID (Dept should provide this to J-1) Skype ID

15 English Proficiency If a scholar receives a score of 3 to 3.9, s/he can retest in 2 months. After 2nd fail, scholar must wait six months to re-test. J-1 may retest no more than three times in a 12 month period. If J-1 receives a score of 2.9 and below, s/he can retest in 6 months. A scholar may retest no more than two times in a 1 ½ year period.

16 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

17 Out of Country Event One-time only period of six or fewer months during J program where J-1 is engaged in research directly related to Temple program object while outside the US If J-1 will depart the US again for 31 days or more after this one-time only period, ISSS will complete the J-1 program  

18 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.

19 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: from the J-1 Exchange Visitor stating: First and Last Name; Name and Program # of new institution; 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 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 s we will transfer SEVIS record to the new institution

20 Changing to J-1 status Traveling Outside the US:
MUCH FASTER for J-1 Applicant to return home, apply for a J-2 visa stamp and reenter in J-1 Status Changing Status In the US: I-539 Application To Change Status 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

21 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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