J-1 Scholar Overview for

F-1 Advisors

Services for International

Students & Scholars (SISS)

UC Davis

Fall 2012

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Presenters

Margaret Hellwarth

Assistant Director, International Scholar Services

• PH: 530-752-7877

• Email: mhellwarth@ucdavis.edu

Simone Kueltz

Lead J-1 International Scholar Advisor

• PH: 530-752-7536

• Email: skueltz@ucdavis.edu

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Services for International Students and Scholars, University of California, Davis

siss.ucdavis.edu

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

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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.

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J-1 & J-2 Documents

P Passport

DS-2019

J-1/J-2 Visa Stamp

(issued by US embassy abroad, may

expire while in the US)

I-94

(issued by DHS at port-of-entry or

on I-797 change of status notice)

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J-2 dependents need a valid EAD (Employment

Authorization Document) to be employed.

J-1 For

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Program

dates Designated

J category

SEVIS ID Biographical

info

Port of

entry stamp

US Consular

annotation

Travel signature

space

Status

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J-1 visa

Duration of

status

Date of entry

J-1 Visa Sample

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Visa

Type

Number of

entries Visa

expiration

date

Most Common J-1 Scholar

Categories Used at Universities

• Research Scholar

• Professor

• Short-Term Scholar

• Specialist

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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

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J Scholar Categories

Differences

Minimum length of program

Maximum length of program

Activities permitted

Bars/waiting times between J programs

Benefits (incidental employment)

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J-1 Research Scholar/Professor

Duration of stay: 3 weeks to 5 years Activities: teaching, research, observing, consulting

Who 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

Other J-1 Scholar Categories

J-1 Short-Term Scholar

(minimum Bachelor’s degree)

Duration: up to 6 months

Appropriate if:

lecture, observe, research

less than 3-weeks visit

no extension beyond the

6-month limit desired

J-1 Specialist

(expert in field)

(no Bachelor’s degree required)

Duration: 3 weeks to 1 year

Appropriate if:

observe, consult or demonstrate special knowledge or skills (not for research or teaching)

no extension beyond the

1-year limit desired

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Activities Allowed for

J-1 Scholars

Work

• In general, J-1 Scholars may

only be paid by their program

sponsor and/or the entity listed

on the DS-2019 (third party).

• J-1 professors, researchers

and short-term scholars may

be approved for “incidental

employment” by their program

sponsor (next slide).

Study

• J-1 scholars are allowed to enroll

in classes on a part-time basis.

• “Part-time” coursework is defined

by each institution (at UCD, it

equals no more than 8 units).

• Scholars should get approval from

their international scholar advisor

before enrolling in classes.

• Policies and procedures vary

among universities.

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Incidental Employment

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• 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.

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.

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J-1 Visa Sample

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2- year

home

residency

requirement

Can the 212(e) Requirement be Waived?

Waiver is the scholar’s responsibility http://www.travel.state.gov/visa/tempvisitors_info_waivers.html

The Exchange Visitor Skills List is on the Department of

State (DOS) website:

http://travel.state.gov/visa/temp/types/types_4514.html

DOS 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

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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

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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)

B-2 Option for Same-Sex Spouses and

Cohabitating Partners

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• 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

Activities Allowed for J-2

Dependents Study • J-2 dependents are allowed to

study full-or part-time without

change of status.

• J-2 status ends when J-1

status ends, which may not be

in line with academic calendar.

• J-2 dependents cannot work

on campus (or elsewhere) or

receive payment without an

EAD.

Work • J-2 dependents are allowed to apply

for an EAD (employment authorization

document).

• It takes approximately 3 months to

receive the work permit.

• No employment is allowed without the

work permit; the work permit would

allow on campus employment, etc.

• Volunteer activity that is typically

“volunteer” (e.g. red cross, Candy

Striper, etc.) is ok; otherwise, a work

permit is recommended even for “non-

paid employment.”

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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

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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.

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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

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Study, Employment and Change of Status Options while in J-1 or J-2 Status

STATUS STUDY EMPLOYMENT ELIGIBILITY TO CHANGE STATUS TO F-1 IN U.S.

J-1 scholar *Only part-time as defined by J program sponsor (research/teaching should be the objective of the visit; not primarily a program of study)

*Authorized to work for J program sponsor only *Incidental employment authorization could allow for work outside of program sponsor as independent contractor (will need sponsor authorization letter)

* Only if not subject to the 2-year home residence requirement (212e) *If subject: may apply for F-1 visa at US embassy in home country

J-2 dependent (spouse, child under 21)

*Part-or full-time study *Only with employment authorization document (EAD) from USCIS, not to exceed J-1 scholar’s program time

* Only if not subject to the 2-year home residence requirement (212e) * If subject: may apply for F-1 visa at US embassy in home country

Pending change of status from F-1 student to J-1 scholar

N/A *Only with J status approval notice and only after J program start date has arrived

N/A

Pending change of status from J-1 scholar to F-1 student

*Can take classes while pending but only eligible for student status benefits after F-1 status approval

*Only after F-1 status approval & according to student regulations

N/A

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.

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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.

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Final Thoughts – Questions?

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Thank you for attending our

conference session!

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