J-1 Exchange Visitor ProgramTutorial for UC Berkeley

Department Administrators

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BerkeleyINTERNATIONAL

OFFICE2299 Piedmont Avenue

Berkeley, CA 94720-2321

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Table of Contents

1 Who is an International Visitor? 4

2 Introduction to Immigration Documents 8

3 The J-1 Exchange Visitor Program 14

4 The DS-2019 Request Process 18

5 The J-1 Visa Application 22

6 Arrival in the U.S. 25

7 Health Insurance Enrollment30

8 J-1 Legal Requirements 34

9 Departmental Administrator Meetings 38

Chapter Title SlideClick on the slide number to jump directly to it.

Chapter 1:International Visitors (Scholars)

Who is considered an International Visitor (Scholar)?

Who determines the most appropriate immigration classification?

What initial information is needed from the visitor to determine the immigration classification?

is defined as any person who is not a U.S. citizen or Permanent Resident (“green-card” holder, immigrant).

must obtain “non immigrant” visa status (such as J-1, F-1, B-2, etc.) to enter and remain in the U.S. legally. A person admitted to the U.S. as a non immigrant means that they will return to their residence abroad at the end of their stay and has no intention of immigrating to the U.S.

visiting researchers, professors, lecturers, and postdoctoral scholars will most commonly have a J-1 visa at UC Berkeley.

Who Is an International Visitor?

An International Visitor (Scholar):

The Berkeley International Office in conjunction with the inviting campus department will determine the appropriate non immigrant status for the visitor’s stay in the U.S.

Who determines the appropriate non immigrant classification for the visitor’s stay in the U.S.?

Note: The overall process from the invitation to the arrival of the International Visitor into the U.S. may take approx. 2-4

months.

What information is needed from the faculty sponsor and international visitor?

1. What will the visitor be doing at UC Berkeley? (Research, attend a conference, teach etc.)

2. What are the approximate dates of the visit?

3. Who will be funding the visit? (UC Berkeley, the visitor, the visitor’s home government, the visitor’s home institution, etc.)

4. Where is the visitor now? (In the U.S., in the home country, in a different country)?

5. If the visitor is in the U.S., what is the visitor’s immigration status? (For example, F-1, B-2, or H-1B)

6. Has the visitor been in J status in the past two years?

7. What is the visitor’s country of citizenship and “legal” permanent residence?

Questions to Ask:

After gathering this information, consult with the Berkeley International

Office to determine the appropriate immigration classification.

The most common immigration classification for inviting international visitors (scholars) is

J-1 Exchange Visitor:

For an overview of the process for inviting a J-1 Exchange Visitor to UC Berkeley, open the PDF document below. You can use this for your reference or to send to faculty and scholars to help them understand the steps involved.

Inviting a J-1 Exchange Visitor:Process Overview

Passport

U.S. Visa Stamp

I-94 Card

DS-2019

Chapter 2:Introduction to Immigration Documents

Passports must be valid at all times during a visitor’s stay in the U.S. Generally, it is required that a passport be valid for at least six months into the future but recommended to be valid for one year. Passports can usually be renewed at the visitor’s home country consulate in the U.S.

Locations of the foreign consulate offices are on the following website: http://www.state.gov/s/cpr/rls/fco/

Copies of the passport biographic page must be included with all requests for J-1 DS-2019.

Look for the the word “passport” to avoid confusion with the scholar’s home country identification card or papers.

Passport

US Visa Stamp

The Visa Stamp:

•is used to authorize entry into the U.S. for a certain number of visits (ranging from one to multiple), and includes an expiration date.

•needed for entry into the U.S. but does NOT determine immigration status.

•must be renewed only if the visitor leaves the U.S. with the intention to return and the visa stamp will be expired on the planned re-entry date. The new visa must be obtained at a U.S. Embassy or Consulate abroad before returning.

•needs to be valid only on the day of entry or re-entry to the U.S. A visa stamp does NOT need to remain valid during the J-1 exchange visitor’s stay in the U.S.

The visa is a multicolored stamp affixed on a page of the visitor’s passport by a U.S. Embassy or Consulate official outside the U.S.

•is not required for Canadian citizens to enter the U.S.

Visas cannot be obtained in the U.S

Form I-94 (I-94 Card)The Form I-94 is a small white card (or green-colored card for WB or WT status) stapled in the visitor’s passport by the U.S.Immigration Inspector at the port-of-entry into the U.S.

Duration of Status or “D/S”For J-1 Exchange Visitors, the Form I-94 should be marked with the letters “D/S” which means “Duration of Status.” Duration of Status authorizes a J-1 visitor to stay in the U.S. until the end date noted on the DS-2019 plus thirty days for “satisfactory departure.” Payment, exit, and re-entry into the U.S. in J-1 status during this thirty-day grace period is not permitted.

This Form I-94 is one of the most important documents a visitor will receive because it shows proof of legal entry into the U.S. and legal immigration status.

The visitor’s immigration status is determined by and noted on the I-94 by the U.S. Immigration Inspector.

Front of I-94

Back of I-94

Form DS-2019

This is the document visitors need to obtain a J-1 visa and J-1 status to teach or conduct research in the U.S.

UC Berkeley has been authorized by the U.S. Department of State that administers the J Exchange Visitor Program and U.S. Department of Homeland Security to issue DS-2019 forms.

The Form DS-2019 has the scholar’s unique SEVIS identification (ID) number on the upper right hand side directly above the barcode.

J-2 DS-2019The legal spouse (not domestic partner) and children (under age 21) of a J-1 are eligible for J-2 dependent status.

J-2 dependents receive their own DS-2019s.

The J-2 DS-2019 has the dependent’s unique SEVIS identification (ID) number on the upper right hand side directly above the barcode.

Chapter 3:The J-1 Exchange Visitor Program Background Information

J-1 Exchange Visitor Categories

J-1 Categories vs. UCB Appointment Titles

J-1 Exchange Visitor Program Background Information

Created by the U.S. Department of State for educational and cultural exchange programs.

Allows visiting appointments for researchers, professors, specialists, speakers, and students

Monitored by the U.S. Department of Homeland Security under “SEVIS” (Student Exchange Visitor Information System).

There are approximately 2800

J-1 Exchange Visitors at UC Berkeley.

J-1 Exchange Visitor Categories

Research Scholar Professor Short-Term Scholar Specialist Student (degree-seeking) Student Non-degree

(Education Abroad Programs)

There are many J-1 categories as defined by the U.S Department of State. J-1 categories are not the same as UC Berkeley appointment titles.

J-1 Categories Commonly Used at UC Berkeley:

The visitor’s category is noted on part 4 of the Form DS-2019 document

UC Berkeley Appointments

Visiting Scholar Visiting Student Researcher Postdoctoral Scholar (Employee, Fellow or Paid Direct) Visiting Professor Specialist Series (i.e. Assistant Specialist) Lecturer Professional Research Series (i.e. Assistant Research,

Visiting Researcher)

Tenure-track positions and most staff titles are not eligible for J-1 status. Contact the Berkeley International Office if you plan to hire a staff member or tenure track faculty who is not a U.S. citizen or permanent resident.

Commonly Used UCB Appointment Titles Eligible for J-1 Research Scholars and Short-Term Scholars:

Visitors must have approved UC Berkeley appointments before Berkeley International Office can issue DS-2019 documents. To be eligible for a J-1 Research Scholar, Professor, or Short-Term Scholar category, the visit must be for the purpose of conducting research or teaching for a defined period.

Chapter 4:The DS-2019 Request ProcessStandard Requests

DS-2019 Production Cycle

Bringing scholars: A Flowchart

The DS-2019 Request

Process

1. Complete all internal departmental processes and campus approvals at UC Berkeley (such as VSPA or dean’s approval)

2. Download the DS-2019 Request Form from the Berkeley International Office website for J-1 Exchange Visitors

3. Complete the DS-2019 Request Form and attach:a) A copy of the biographic page of the passport for the scholar and all

dependents,

b) Proof of UC Berkeley appointment approval,

c) Proof of funding for all sources of funding (converted to US dollars, translated to English, and source of conversion rate), and

d) Berkeley International Office fee ($410- Interoffice fund IOF http://internationaloffice.berkeley.edu/departments/J-1/IOF3-2007.xls or $450-checks/money order paid by scholar or department).

4. Submit completed request to Berkeley International Office

After gathering the preliminary information needed to determine that your visitor should come to UC Berkeley as a J-1, follow the steps below to request the Certificate of Eligibility Form DS-2019.

Use the most recent DS-2019 Request Form

Include all items on the DS-2019 Request Form checklist (page one).

Verify all information. Names should be spelled as they appear in the passport. Check birth dates and start dates and use “mm/dd/year” format.

Submitrequests ON TIME -- at least two to four months before the start date. If a late request is received, the Berkeley International Office will set a feasible start date in the future.

Tips for Efficient and Expeditious Processing of DS-2019 Requests

The DS-2019 Production Cycle

1. Berkeley International Office receives DS- 2019 request. If incomplete, inaccurate, or unclear, we will contact the department and hold the request until complete.

1. Berkeley International Office receives DS- 2019 request. If incomplete, inaccurate, or unclear, we will contact the department and hold the request until complete.

3. Data is uploaded into US Department of Homeland Security’s web-based system: SEVIS (Student Exchange Visitor Information System).

3. Data is uploaded into US Department of Homeland Security’s web-based system: SEVIS (Student Exchange Visitor Information System).

4. SEVIS processes data and creates DS-2019.

4. SEVIS processes data and creates DS-2019.

6. International Scholar Adviser finishes processing DS-2019.

6. International Scholar Adviser finishes processing DS-2019.

5. DS-2019 is downloaded and printed from SEVIS.

5. DS-2019 is downloaded and printed from SEVIS.

At Berkeley International Office

2. Request is analyzed for compliance with federal regulations.

2. Request is analyzed for compliance with federal regulations.

7. Final review of DS-2019. Mail-out packet is prepared.

7. Final review of DS-2019. Mail-out packet is prepared.

DS-2019 is ready! The host department is

notified.

Normal processing time is 10 working days from the receipt of a correct request.

Chapter 5:J-1 Visa Application

The Application Process

Some Good Advice

J-1 Visa Application Process for International Visitors Coming from Abroad(After the DS-2019 has been processed)

For information about current visa processing times, visit U.S. Department of State website: http://travel.state.gov/visa/temp/wait/tempvisitors_wait.php

Visitor receives DS-2019. Visitor pays SEVIS fee online

Visitor verifies DS-2019 document and schedules visa appointment at a US Embassy or Consulate (except Canadian citizens)

US Embassy/Consulate reviews visa application and may conduct security background check

1

2

3Visitor submits passport, DS-2019, SEVIS fee payment receipt, visa application(s), proof of funding and other documents

4

Estimated Time = 2 weeks - 12 weeks (varies by consular post and length of time to clear security background check)

Visa issued and placed in passport.5

schedule visa appointments only after receiving their DS-2019s. Delays in processing the DS-2019 are common due to incomplete and inaccurate requests.

U.S. Department of State advises to only make travel arrangements after the visa stamp in the passport has been issued. U.S. Consulates/Embassies will NOT expedite visa applications due to travel plans.

Some Good Advice

International Visitors should:

Arrival in the U.S.Chapter 6:

Arrival dates and delays

Things to do upon arrivalVisitor’s checklist

Host department checklist

Berkeley International Office checklist

more than 2 weeks beyond the DS-2019 start date.

more than 14 days after the DS-2019 start date. A revised DS-2019 document may need to be re-issued and sent to the visitor before their arrival in the U.S.

due to Security Checks or Visa Denials

Send all email communication regarding these matters to jscholar@berkeley.edu. Include the anticipated arrival date in each case.

Arrival Dates and DelaysUp to 30 days before…..the DS-2019 Start Date or… 14 days after

Inform Berkeley International Office immediately if visitors will be delayed:

Visitors may arrive:

Per Department of Homeland Security regulations, the arrival of all J scholars must be validated in SEVIS within strict timeframes.

Checks in with host department immediately upon arrival Attends a mandatory Scholar Information Meeting (SIM) within

two weeks of arrival. Dates and times can be found at the Berkeley International Office web site: http://internationaloffice.berkeley.edu/PRS/J-1/scholar_info_mtg.php. The scholar will learn about J-1 regulations, transitional matters, the DMV and social security at the SIM.

Applies for Social Security card 10 business days AFTER getting information validated through Berkeley International Office. Additional information about SSN given at SIM.

Things to Do Upon Arrival

The International Visitor:

Informs Berkeley International Office of visitor’s arrival immediately by completing the Scholar Status Report Form found at: http://internationaloffice.berkeley.edu/departments/J-1/J1formsandfees.php.

Checks the visitor’s I-94 and submits copies of the back and front plus the Scholar Status Report Form to the Berkeley International Office.

Enters the visitor’s record into HCM Collects documentation of health insurance (see “Health

Insurance” slide).

Things to Do Upon Arrival

The Host Department Administrator:

After the department e-mails jscholar@berkeley.edu the scholar’s arrival information, the Berkeley International Office updates scholar’s arrival information and U.S. residential address

Validates the J Exchange Visitor’s program to the Department of Homeland Security through SEVIS

Things to Do Upon Arrival

Berkeley International Office:

Chapter 7:Health Insurance Enrollment For Postdoctoral Scholars

For UC Berkeley Employees

For Honorary Titles

Health Insurance Enrollment

For Postdoctoral Scholars Employee (3252) Fellow (3253) Direct Paid (3254)

All postdoctoral scholars are eligible for the postdoctoral benefits plan. For more information on the plans see the VSPA web site at: http://vspa.berkeley.edu or contact Shirley Silveira, postdoctoral benefits coordinator at sas@berkeley.edu.

For UC Berkeley Employees such as: Junior Specialist Visiting professor Lecturer

Health Insurance Enrollment

Benefits are provided through UC Berkeley Human Resources for employees who are eligible. Includes all benefits available to UC employees, based on scholar’s payroll title and duration requirements.

J-1 Exchange Visitor must purchase a separate plan to cover the mandatory medical evacuation and repatriation of remains coverage.

(downloadable UC policy available online on VSPA and UHS websites) http://vspa.berkeley.edu/repatriation_evacuation.html

For Honorary Titles such as: Visiting scholar Visiting Student Researcher

Health Insurance Enrollment

Purchase insurance in home countryDepartment collects the certificate of health insurance from the visitor, and sends a copy to the Student Health Insurance Office (SHIO) http://www.uhs.berkeley.edu/vspd/visitingscholar.shtml#proof

ORPurchase insurance upon arrival

All visitors arriving without insurance must attend a health insurance meeting held 10 am Tuesdays at the University Health Services Center (Tang Center), or make an appointment with the international health insurance advisor, Kathy Gage, within 31 days of arrival by calling 642-5742 or sending an email to scholars@uhs.berkeley.edu.

The visitor MUST either:

Chapter 8:J-1 Legal Requirements

Maintaining J-1 status

Bars to participation as a J-1 exchange visitor

Maintaining J-1 StatusWhile in the US, a J-1 Exchange Visitor must:

Engage in defined activities. J-1 categories of Research Scholars, Professors, and Short-Term Scholars are here to perform research and/or lecture and cannot enroll in courses unless they are incidental to the program objective.

Stay in the U.S. according to defined program dates.J-1 categories of “Professor” and “Research Scholar” are allowed to stay in the US for up to 5 years. Maximum participation for “Short-Term Scholar” is 6 months. The DS-2019 must reflect the correct program dates at all times (extensions of the DS-2019 may be necessary in some cases).

Obtain proper payment authorization.J-1 Research Scholars, Professors, Short-Term Scholar and Specialists may be authorized for occasional lectures or consultations off campus related to original program objective but only with pre-approval from the Berkeley International Office. For more information, visit the following link: http://internationaloffice.berkeley.edu/PRS/J-1/employment.php

Carry sufficient health insurance.All categories of J-1 Exchange Visitors and their J-2 dependents are required by law to carry health insurance that meets minimum requirements. For information about these U.S. Department of State requirements, visit the following link: http://internationaloffice.berkeley.edu/multiple_use/health_insur_J-1_and_J-2.php

Each J-1 category is governed by its own set of federal regulations.

Bars to Participation in J-1 ProgramInternational visitors’ previous visits to the U.S. may impact their options for the future. For this reason, information about the past visits to the U.S. is required on page 3 of the DS-2019 Request Form. The Berkeley International Office will analyze scholars’ previous U.S. history to determine their eligibility to participate in a J-1 Exchange Visitor program. Listed below are a three federal regulations that critically impact J Exchange Visitors:

12-Month BarAfter J Exchange Visitors in any J category complete a program more than 6 months in the U.S., they are barred for 12 months from starting a new J-1 “Research Scholar” or “Professor” program.

24-Month BarAfter J-1 Exchange Visitors in the “Research Scholar” or “Professor” categories complete their programs in the U.S., they are barred for 24 months from starting a new J-1 “Research Scholar” or “Professor” program.

Two-Year Home Residence Requirement The two-year home residence requirement prevents a J Exchange Visitor who is subject from returning to the U.S. for 2 years as an H, L, or PR status. J Exchange Visitor may or may not be subject to the “two-year home residence requirement’ due to: 1) government funding or 2) the skills list. Exchange Visitors who have received a waiver of the two-year home country physical presence requirement cannot be granted a transfer or extension of their J-1 Exchange Visitor program.

The Berkeley International Office advisors are your visa and immigration experts and will notify you if these federal regulations impact your scholar.

Congratulations!

You have completed the tutorial for departmental administrators.

The next step is to attend the departmental administrator meeting. See next slide for more information

Departmental Administrator MeetingsTraining in a small group format

If you will be working with J-1 Exchange Visitors, this meeting will compliment the materials covered in this tutorial. Bring all DS-2019 requests and cases that you are working on.

We look forward to seeing you there!

Place: International House, 2299 Piedmont Avenue

Berkeley International Office (Conference Room)

Date: Every other Wednesday. See schedule at:http://internationaloffice.berkeley.edu/programs/AAtraining_workshop.php

Time: 10:30am-12:00 noon.

Notes: No reservation required.

Contact us!Email the Berkeley International Office at jscholar@berkeley.edu to let us know that you completed the tutorial. We will add you to our listserv and you will receive updates from our office.

If you have questions regarding the information in this tutorial, or suggestions on how to make it more useful, please email jscholar@berkeley.edu or call us at (510) 642-2818.