Transcript J-1 Scholars - Temple University

J-1 Exchange
Visitors
USEFUL TERMS TO KNOW
• US Citizenship and Immigration Service (USCIS): Branch of
the U.S. Department of Homeland Security which has authority
over all aliens in the United States, including international
scholars and employees in J status. www.uscis.gov
• Bureau of Educational and Cultural Affairs (ECA): Branch
of the U.S. Department of State (DOS) which has authority
over J-1 Exchange Program Visitors (students, scholars, and
ECFMG-sponsored Js) http://j1visa.state.gov/participants/
• 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
www.temple.edu/isss/international/exchange-visitor-scholars.html
Research Scholar / Professor: Up to 5 Years But
Subject to 24 month ban
Short Term Scholar: Up to 6 Months But Not Subject to
24 month ban
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
• J-1 Research Scholar/Professor/Short Term Scholar may
work/perform research/teach ONLY for the department who
requested their presence
• 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
• Research scholars in J-1 status are limited to 5 years in this
status.
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.
By submitting this record, the Department Chair/Director declares that the applicant is sufficient in
written and spoken English and that the Department 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 TempleUniversity 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)
What Department Needs to Upload in ISD:
• Properly issued and signed invitation/appointment letter [Except for
VRS or Postdoc as I will receive the letter after the Graduate School
approves the appointment/invitation];
• Incidental Patient Contact Letter for Foreign Medical Graduates (if
applicable)
• UPS Airway Bill if you wish Form DS-2019 to be express mailed
What J-1 Applicant Needs to Upload:
• Funding Documentation if Applicant Will Not Be Paid By Temple U;
• Proof of appropriate health insurance (see below);
• Insurance compliance form (if applicable);
• Copy of J-1 Exchange Visitor’s passport photo page;
• Copies of J-2 dependents' passport photo pages;
• Copies of all previously issued immigration documents (issued by the
U.S. Government ONLY);
• Recent CV;
• Copies of original diplomas;
• English translations if diplomas are not in English
Sufficient Insurance Coverage
• Documentation of sufficient insurance coverage for J-1 and any
accompanying J-2 dependents for the duration of the appointment
letter
• No insurance through Temple - find a list of companies that meet US
State Dept criteria at www.temple.edu/isss/general/insurancecompanies.html; if outside insurance, J-1 must submit compliance form:
www.temple.edu/isss/general/health-j-scholar.html
• Eligible for insurance through Temple must purchase additional medical
evacuation and repatriation insurance:
www.temple.edu/isss/general/health-j-scholar.html
If your Scholar will be Non Tenure Track or
Adjunct Faculty, you must upload a properlyissued and signed Appointment Letter to ISD.
Do not upload the letter for Visiting Research
Scholars or Postdoctoral Fellows as the
Postdoctoral Affairs Office will send a signed
appointment letter to ISSS once the appointment is
approved.
If you want ISSS to express the DS-2019 when it is ready, you
must upload a UPS Airway Bill in PDF format to ISD. If no
airway bill is uploaded, your department will need to pick up the
DS-2019 when you are notified by email that it is ready.
You will delay the mailing of your scholar’s DS-2019 Form if
you do not upload the UPS airway bill into ISD before you
submit the scholar’s ISD record to ISSS. In order to be most
efficient in the DS-2019 process, include the UPS airway bill
before ISSS receives the ISD record.
J Subpart A 2014 Final Rule
In October, the United States Department of State
published a substantial change to J regulations
with the intention of better protecting program
participants. These changes will be implemented in
two phases, starting on January 5, 2015.
New Insurance Coverage Amounts Starting on May 15, 2015
J visa holders should review their health insurance immediately. If the J’s
plan is not compliant with the new minimums, the Exchange Visitor will
need to change her/his insurance policy to one that meets the new
criteria. Exchange Visitors are independently responsible for
determining if their insurance meets requirements.
Insurance coverage must begin no later than the “Program Begin Date”
as noted on their DS-2019 Form and must not end before the effective
“Program End Date.”
By May 15, 2015, all J-1 and J-2 visa holders must have health insurance that
meets these requirements: Item
Minimum Amount
Medical benefits
$100,000 per accident or illness
Repatriation of remains
Medical evacuation
$25,000
$50,000
Deductible per accident or illness
Not to exceed $500
Program sponsors are required to notify Exchange Visitors that they may be
subject to the requirements of the Affordable Care Act (ACA). Details regarding
the ACA can be found at www.hhs.gov/healthcare/rights/index.html and
penalties for lack of coverage can be found at www.healthcare.gov/feesexemptions/fee-for-not-being-covered/
Important issues to consider immediately are:
• J Visa holders without salary should review their current insurance to ensure
it is compliant with the new coverage amounts and change their coverage, if
necessary, prior to May 15, 2015. Exchange Visitors are independently
responsible for determining if their insurance meets requirements.
• All J visa holders must make sure that they have repatriation and evacuation
insurance meeting the new minimums.
New Reporting Requirements
Starting on January 5, 2015
J-1 Students and Scholars must now report the following information (and
update ISSS within 10 days of any change):
• Primary e-mail address
• Primary telephone number
J-2 Dependents must now report the following information (and update ISSS
within 10 days of any change):
• Primary e-mail address
• Departure from the US if leaving prior to the final departure of their J-1 spouse
or parent
If the J-2 dependent is a child without a personal email address, it’s acceptable
to use a parent’s email address.
Objective Measurement English Language Proficiency for
New J-1 Exchange Visitors Starting on January 5, 2015
Any DS-2019 form issued on or after January 5, 2015 will require the
student intern or scholar beginning a new J-1 program to demonstrate
English language proficiency in one of three ways:
• A recognized English language test;
• Signed documentation from an academic institution or English language
school; or
• A documented interview conducted by the sponsor either in-person or by
videoconferencing, or by telephone if videoconferencing is not a viable
option
ISSS has created a form for departments to use in assessing English
proficiency that is compliant with the new requirement.
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
www.temple.edu/isss/immigration/residency.html
• SEVIS has an Out of Country functionality that allows ISSS to notify the
Department of Homeland Security / US Department of State that a J-1
Professor or Research Scholar is participating in his or her exchange
program for a one-time only period of six or fewer months during
her/his program outside the US. The record remains in Active SEVIS
status during that period.
• Please note that if the J-1 Exchange Visitor will depart the US
again for 31 days or more after this one-time only period, it is
inappropriate for our office to keep the SEVIS record open. In this
case, ISSS will complete the current J program, and the individual can
return later in either J-1/ Short-Term Scholar status (which requires
payment of a new SEVIS fee) or possibly another appropriate status.
www.temple.edu/isss/international/sevis-record-keep-open.html
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.
www.temple.edu/isss/international/sevis-record-transfer.html
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:
Email from the J-1 Exchange Visitor stating:
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First and Last Name;
Name and Program # of new institution;
Email 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
Email 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 emails we will transfer SEVIS record to the
new institution
www.temple.edu/isss/international/sevis-record-transfer.html
Changing to J-1 status in the US
• I-539 Application To Change Status – Fee is $290
• 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 Unless Applicant Has A Current Status
That Allows This
www.temple.edu/isss/international/cosvtraveljscholars.htm
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.
Payment to a Temple-sponsored J-1 Short-term
Scholar/ Research Scholar/ Professor/ Specialist
Short-term Scholar/ Research Scholar/ Professor/ Specialist
• OK—Expenses, w/ written permission from ISSS
• OK—Honorarium w/ written permission from ISSS
• OK—Salary Payment w/ written permission from ISSS
Payment to a Non-Temple-sponsored J-1 Research
Scholar/ Professor/ Short Term Scholar/Specialist
• The exchange visitor may act as an independent contractor
• Responsible Officer at other institution must “make a written
determination whether such activity is warranted and satisfies
the criteria.”
• Then… OK Expenses and /or Honorarium; Salary is NOT OK