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Last Updated: April 18, 2008
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Immigration Regulations for J-1 Scholars

 

 

 

Change of Status or Category

Exchange Visitors who are subject to the two-year home-country physical presence requirement are not eligible to change their status within the U.S. Those exempt from the two-year home-country physical presence requirement are not prohibited from changing their status in the United States .

While in the U.S. , all J-1 Exchange Visitors are prohibited from changing categories within the J status. For example, a J-1 Research Scholar may not change to J-1 Student or vice versa inside the US .

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Criteria for Participation

An individual may be selected for participation in the Exchange Visitor Program as a professor or research scholar subject to the following conditions:

  1. The participant shall not be a candidate for a tenure track position.
  2. The participant has not been physically present in the U.S. in J status for all or part of the twelve month period immediately preceding the date of program commencement set forth on the Form DS2019, unless
  3. The participant is transferring to the University of Kentucky 's program from another U.S. institution; or
  4. The participant's presence in the U.S. was for less than six months; or
  5. The participant's presence in the U.S. was pursuant to a Short-Term Scholar exchange activity.

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Duration of Participation

Professors and Research Scholars are authorized to participate in the Exchange Visitor Program for the length of time necessary to complete their program, not to exceed five years.

On November 17, 2006, the maximum length of program for J-1 exchange visitors in the Research Scholar and Professor category increased to 5 years.

Following are some guidelines for implementation of this rule change under the University of Kentucky's J-1 program sponsorship:

2-Year Bar on Repeat Participation:

The 5-year length of program is not counted in the aggregate. Once an exchange visitor arrives in the U.S. in J-1 status in the Research Scholar or Professor category, the 5-year "clock" begins the countdown. When the program ends, whether only 3 weeks or 3 years later, the exchange visitor becomes subject to a 2-year bar on repeat participation as a Research Scholar or Professor.

The 2-year bar means that the exchange visitor will not be able to start a new Research Scholar or Professor program until 2 years have passed from the completion date of the previous one.

The two years may be spent outside the U.S. (not necessarily in the person's home country) or in the U.S. in another non-immigration status for which the person is eligible. A change of J-1 category (i.e to Short-Term Scholar) would require departure and re-entry to the United States.

The 2-year bar will apply only to those who completed their program on or after November 17, 2006.

The 2-year bar is not the same as the 212(e) 2-year home residency requirement.

Short-term Scholars are allowed a maximum stay of 6 months, with no possibility of an extension. Exchange visitors in this category are not subject to the 2-year bar on repeat participation.

Short Program Duration = Short-Term Scholar Category:
In the past, UK often issued DS-2019 forms using the Research Scholar category for anyone sponsored for a research program, even if that program was only scheduled to last 6 months or less, because this made extensions easily possible when circumstances changed.

We must now change that policy to avoid subjecting exchange visitors to the 2-year bar unnecessarily.

For programs scheduled to last 6 months or less, we will now issue DS-2019 forms for the Short-Term Scholar category only. An exchange visitor in this J category does not become subject to the 2-year bar.

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Entering the U.S.

Exchange Visitors in J-1 status must arrive in the U.S. no later than 30 days after their program begin date and no earlier than 30 days before that date (See box 3 of the DS2019). If arrival is delayed, contact the Alternate Responsible Officer, Marc Invergo.

At the U.S. port of entry, Exchange Visitors will be asked to present a valid passport, visa, and DS2019. Port of entry officers may also wish to examine financial documents, so have those available. The immigration officer will stamp the DS2019 with the arrival date.

Upon admission, an I-94 Arrival -Departure Record will be issued. The I-94 documents the arrival date, port of entry and visa status. This card also indicates admittance to the United State for "duration of status" or "D/S." This means that the stay is valid as long as the expiration date indicated in #3 on the DS2019 is valid, plus an additional grace period of 30 days.

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Employment

Employment Eligibility Verification
In order to be put on the payroll of the University of Kentucky , an Employment Eligibility Verification (Form I-9) must be completed. Any subsequent extensions of employment require the completion of an updated Form I-9. New employees who do not have a Social Security Number will be assigned a temporary number which is valid for 30 days, during which time a Social Security Number from the Social Security Administration must be obtained. (See Below.)

Employment Limitations
Professors and researchers must limit their employment to the assignment specified on their DS2019. When appropriate, occasional lectures or short-term consultations, which are incidental to their primary program of activities, are possible. However, if there is any remuneration for these additional activities, the following must be presented to Marc Invergo prior to accepting the assignment: (a) a letter of offer describing the terms agreed upon (i.e. a description of the activity, the dates, number of hours, subject field, and remuneration), and (b) a letter from the Exchange Visitor's departmental Chair or Director recommending the activity.

Once it is determined that the activity falls within the proper guidelines, Marc Invergo will write a letter which will serve as the employment authorization. Since the Exchange Visitor is acting as an independent contractor, the Form I-9 is not required.

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Extension of Stay

J-1 Research Scholars or Professors wishing to extend their stay should submit the following to the Office of International Affairs, 211 Bradley Hall:

  1. A letter from the Department Chair requesting an extension of stay and specifying dates and salary. Click here to see "Sample Letter of Request for Extension to stay.
  2. Proof of continuing health, repatriation, and medical evacuation insurance coverage for scholar (and dependents, if applicable). If covered by UK-HMO present a copy of ID cards for yourself and your family, and also present proof of current SOS Repatriation and Medical Evacuation Insurance. Chickering/Aetna Student Health insurance holders, include a copy of the insurance ID card.
  3. Current local address.

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Federal Aid Prohibited

As a holder of a non-immigrant visa, J-1 Scholars and their dependents are not allowed to accept Medicaid, food stamps or other U.S. Federal Government welfare benefits. Those with children born in the U.S. who receive public welfare assistance may be barred from re-entering the United States on the basis of becoming a "public charge" (someone who is dependent on government assistance).

Please Note:
This exposition of immigration regulations affecting J-1 Scholars and their dependents is a brief summary that should not be considered definitive. Exchange Visitors are advised to consult with Marc Invergo if they desire more information and guidance.

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Insurance Requirement

The Reason for the Requirement
All J-1 scholars and their dependents are required to have health insurance for the full duration of their program. Government regulations stipulate that if they willfully fail to carry health insurance for themselves and their dependents, the University must terminate the program and report the termination to the Bureau of Educational and Consular Affairs in Washington , D.C.

How Medical Insurance Works
When you purchase health coverage (a "policy"), the money you pay (your "premium") is combined with premiums of others to form a pool of money. That money is then used to pay the medical bills of those participants who need health care. Your coverage remains valid only as long as you continue to pay your insurance premiums.

Premiums may appear to be expensive, until you consider that typical hospital charges (excluding surgery, tests, or other similar items) could be $2,500* or more per day and costs continue to rise. Typical charges for routine delivery of a baby, including doctors' fees could be $6,000-$10,000*. Therefore, it is very important for scholars to protect themselves and their dependents against financial burdens. (*Aetna Navigator, Cost of Care Tool, 5/06)

Once you purchase insurance, the company will provide you with an insurance identification card for use as proof of your coverage when you seek health care from a hospital or doctor, along with the written instructions for reporting and documenting medical expenses (filing a "claim"). The company will evaluate any claim that you file, and make the appropriate payment for coverage under your particular policy. In some cases the company pays the hospital or doctor directly; in others the company reimburses policy holders after they have paid the bills.

Required Insurance Specifications
The University of Kentucky has minimum requirements for the type and amounts of coverage for all international scholars. The policy must be payable in the U.S. and the insurance company must have an A.M. Best financial rating of at least "A." The requirements are as follows:

Purchasing Insurance
Visiting Scholars not receiving funding from the University: The University of Kentucky offers the Chickering/Aetna Student Health Insurance plan which includes all the required coverage for scholars and their dependents, including medical evacuation and repatriation of remains. This insurance may be purchased in 203 Bradley Hall. For appointment, call 257-4067 ext 238. Payment is due at the time of enrollment and premiums can be paid quarterly, semi-annually or annually via www.chickering.com.

Chickering/Aetna Student Health current rates (rates are subject to change):

Scholars who are receiving funding from the University but who are ineligible for insurance benefits due to their temporary position: These scholars may choose any insurance offered through the University of Kentucky , including Chickering/Aetna Student Health. Chickering/Aetna Student Health fees may be paid in 203 Bradley Hall upon first buying the policy, and at www.chickering.com for renewals.

Scholars with postdoctoral appointments or research positions: Medical insurance is included in the University benefits for J-1 postdoctoral scholars and certain research position. Upon arrival, new employees must enroll for this medical coverage in the University Benefits Office, 115 Scovell Hall. Dependents in J-2 status may be included in the insurance policy, but their cost will not be entirely covered by the University. Their fees will be deducted from the J-1 visa holders paycheck. Current University health plan costs can be found at: http://www.uky.edu/HR/benefits/health_rates.html

Important: All those in J-1 or J-2 status must have repatriation of remains and medical evacuation insurance, in addition to medical coverage. UK health plans do not cover this so the insurance must be purchased separately. Applications may be obtained in 211 Bradley Hall. Payment is by personal check or credit card, and the application is mailed directly to the insurance company.

Chickering/Aetna Student Health is the only insurance offered by the University of Kentucky which includes repatriation of remains and medical evacuation. No additional purchase is required.

International SOS Insurance Company (Medical Evacuation & Repatriation Insurance):
(rates are subject to change) http://www.internationalsos.com

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Professors and Research Scholars

Criteria for Participation:

  1. Primarily teaching, research, lecturing observing or consulting
  2. Not a candidate for a tenure-track position
  3. Has not been in J status for two years immediately preceding the date of program commencement indicated on the DS2019 (See 2-year bar.)
  4. Enrolled in health insurance coverage, including repatriation of remains and medical evacuation.

 

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Short-term Scholar

Criteria for Participation:

  1. Primarily teaching, research, lecturing observing or consulting
  2. Maximum stay of 6 months
  3. Enrolled in health insurance coverage, including repatriation of remains and medical evacuation

 

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Social Security Number

All J-1 Scholars and their J-2 dependents who gain employment in the U.S. must have a Social Security (SS) number. For payroll purposes, the University of Kentucky will assign a temporary number which is valid for 30 days while a Social Security number is pending.

To obtain a SS number, scholars must apply in person at the Social Security Office located at 2260 Executive Drive , telephone: 294.5633 or 1.800.772.1213. The office hours are 9:00 am to 4:00 pm , Monday through Friday. Closed on holidays.

At the time of application, Exchange Visitors must present their passport, Form I-94, and DS-2019. The Social Security card will be mailed to them in 3-4 weeks.

Those in J-2 status, over the age of 16, are eligible to apply for a Social Security number only if they have an Employment Authorization Document (EAD) from USCIS, or if they have a letter from a government agency, which requires a Social Security number in order to obtain a benefit.

 

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Termination of Program

Upon completion of their program at the University of Kentucky , Exchange Visitors should notify Marc Invergo of their intended date of departure.

Exchange Visitors departing from the U.S. after completing their program are required to surrender Form I-94, thus reporting to USCIS their departure from the U.S. If departing from the U.S. to Mexico over a land border, surrender Form I-94 to a U.S. immigration inspector. If departing to Canada over a land border, surrender Form I-94 to a Canadian immigration inspector. In all other cases, Exchange Visitors surrender Form I-94 to a representative of the airline or transportation company which provides transit out of the U.S.

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Transfer to Another University

The transfer request form should be completed by a J-1 research scholar wishing to transfer program sponsorship from the University of Kentucky to another sponsor. Transfers should be requested 30 days before the effective date of transfer, and no later than the ending date on the current DS-2019.

Please note: Although it is possible to transfer to another institution, the specific field of research (as described in Section 4 of the DS2019) may not be changed.

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Transfer Within University of Kentucky

To transfer departments within the University of Kentucky requires a letter from the new department indicating the description of the research, the date of transfer and the amount and source of funding. A new DS-2019 is not necessary unless there is a need for an extension of stay.

Please note: Although it is possible to transfer to another department, the specific field of research (as described in Section 4 of the DS-2019) may not be changed.

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Travel Outside the U.S. and Re-Entry

Exchange Visitors making a temporary visit outside the U.S. must have the following documents in order to re-enter the U.S. in Exchange Visitor status: (1) a valid passport, (2) a valid visa (unless exempt from passport and visa requirements) and (3) a current Form DS-2019 properly endorsed by the Responsible/Alternate Officer, as well as any previously issued forms DS-2019. Travel signatures should be no more than one year old.

If the visa is no longer valid, or if the number of authorized entries has already been used, Exchange Visitors must apply to a U.S. consulate or embassy outside the U.S. for a new visa. (The visa expiration date is important only for the purpose of entering the U.S. before the date expires. It does not determine the person's length of stay within the United States . This is indicated by the duration of program dates listed on the DS-2019, Section 3.)

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Two Year Home Country Physical Presence Requirement

Certain Exchange Visitors are not eligible to change status in the U.S. until they have resided and been physically present in their country of nationality or last permanent residence for at least two years following departure from the U.S. This restriction applies to:

  1. Those Exchange Visitors whose programs were financed in whole or part, directly or indirectly, by the U.S. government or the government of their home country; or
  2. Those Exchange Visitors who, at the time of the acquisition of Exchange Visitor status, were nationals or residents of countries in which their particular specialized knowledge or skills are needed; or
  3. Those Exchange Visitors who came to the U.S. or acquired Exchange Visitor status in order to receive graduate medical education or training.

The Consular office will indicate on the visa and the "preliminary endorsement" section (bottom left-hand corner) of the Form DS-2019 whether or not the Exchange Visitor is subject to the two-year home-country physical presence requirement.

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Visa Issuance

Entering the United States in J status is a three step process:

  1. In accordance with the State Department regulations, the inviting institution issues Form DS2019. The form is issued through the Student and Exchange Visitor Information System (SEVIS) and forwarded to the Exchange Visitor by the hosting university department.
  2. The visa applicant must present the DS2019 and a valid passport to an American Consulate abroad to obtain a J-1 visa. Funding that does not come directly from the University must be documented. Acceptable proof of funding can be a letter of award, a bank statement or other official documentation.
  3. Accompanying dependents should apply for J-2 visas, and must be prepared to show proof of relationship to the J-1 applicant: a marriage certificate for the spouse; birth certificates for the children.

After obtaining a J-1 visa, the visitor must also pass immigration inspection at the port of entry in the United States .
Visas are issued at the discretion of the Consul, and presenting a properly executed DS2019 does not necessarily guarantee the issuance of a visa.

Experience has proven that it is sometimes difficult to have the initial J-1 visa approved if you apply at an American consulate in a country other than your home country. The key issue is supplying the consulate with evidence of "ties" to your home country which offer the consular official substantial proof that you plan to return home upon completion of your J-1 program.

Please note:

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Waiver of Two Year Home Country Physical Presence Requirement

The two-year home-country physical presence requirement may be waived for any of the following reasons:

  1. Exceptional hardship to a U.S. citizen or permanent resident spouse or child of the Exchange Visitor which would be caused by the Exchange Visitor's departure from the U.S. and residence abroad.
  2. Persecution because of race, religion or political opinion if Exchange Visitors were forced to return to their country of last residence or citizenship.
  3. Interest of a U.S. Government Agency when Exchange Visitors are engaged in a program of interest to a U.S. Government Agency.
  4. Statement of "no objection" by the home government. A waiver may be granted if the home government provides a statement of no objection to the Exchange Visitor's remaining in the U.S., and if the Bureau of Educational and Cultural Affairs (BECA) agrees that a waiver is justified.

Before seeking to apply for a waiver, it is advisable for the Exchange Visitor to discuss the matter with Marc Invergo in 211 Bradley Hall. Once granted a waiver, Exchange Visitors cannot have their stay as a J-1 extended.

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