|
UCCS Department Information |
J-1 Status for Scholars
Most visiting foreign faculty members and researchers come to the United States on J-1 exchange visitor visa. The Exchange Visitor program is run by the U.S. Department of State and is designed specifically for the purpose of international educational exchange. The regulations are periodically reviewed and revised. Some of these revisions are of interest to faculty who bring in exchange visitors to collaborate or teach at the University. Of particular importance for visiting scholar is the requirement that he or she carry adequate health insurance for himself or herself AND for all J2 family members as well. This has become a condition of maintaining J status; the visiting scholar is not employable at the University unless he or she has health insurance.
Immigration law defines people in J status as person who have the intent to return to their home countries when they have completed their stated program. Departments and prospective visiting foreign scholars should keep these distinctions in mind in preparing all documents dealing with nonimmigrant J status and in all relationships with consular offices and immigration officers. The penalty for knowingly providing false information in an immigration application is a fine of up to $2000 and imprisonment up to 5 years. Departments will understand why ISS must have careful documentation for every application we file for any kind of immigration. For more information on J1 status please refer to: http://travel.state.gov/visa/temp/types/types_1267.html#1
Limitations of the Exchange Visitor Program:
-
Limited length of time to remain in the United States- 36 months for professor or researcher categories. A limited extension of 6 months may be possible; departments should not count on it.
-
Changes in category (i.e. professor to student), although provided for in the regulations, are in reality difficult to obtain. Departments should refrain from encouraging visiting scholars against trying to earn degrees when they have entered the United States in the professor or research category.
-
If a given exchange visitor has been in the United States for six months or more during the previous twelve months, he or she cannot begin a new J program in the professor or researcher categories for a year from the time the previous program ended. This complication has many permutations; please consult with ISS for more information. An understanding of this regulation helps to explain why we ask departments to find out their incoming scholar's previous visa status.
-
Two-year home country physical presence requirement. Those who are subject to this requirement may not change their nonimmigrant classification in the United States and are not eligible for status as permanent residents or H1-B visa until they have lived in their country of last legal permanent residence for a period of two years after completing their exchange visitor programs in the United States. Exchange Visitors who are subject to this requirement are:
-
Financed in whole or in part by the US or home country government funds. Grant funding does not count.
-
Those who are from countries where their specific skills are needed as determined by the Exchange Visitors Skills list as published by the Department of State.
-
Medical doctors who come to the United States for advanced medical education or training.
If you would like to bring a scholar, professor or specialist to UCCS you must follow rules and procedures closely.
Work Permission for J2 Dependents:
J2 dependents can apply for work permission from INS. Applications can be found by accessing Links from ISS webpage.
Purpose of Exchange Visitor
The primary purpose of the J-1 Exchange Visitor Program under federal law is to foster an exchange of ideas between Americans and foreign nationals and to stimulate international collaborative teaching and research efforts. The exchange of research scholars and professors promotes interchange, mutual enrichment, and linkages between research and educational institutions in the U.S. and those of other countries.
One of the important characteristics of the J-1 Exchange Visitor Program is its temporary nature, which means the Exchange Visitor’s appointment to a position at UCCS must be temporary, even if the position itself is permanent. The Exchange Visitor cannot be a candidate for a tenure-track position, but may occupy a tenure-track line on a temporary basis.
The first thing is to determine what category the person qualifies for:
| Category | Activity | Max Validity | Min Validity | Extensions | Employment |
|
Research Scholar
|
Conduct research, observe or consult as indicated on DS-2019. May also teach or lecture. | 3 Years | 3 weeks | 6 months under certain circumstances | As indicated on DS-2019 or with written authorization from ISS. |
|
Professor
|
Teach, lecture, observe or consult as indicated on DS-2019. May also conduct research. | 3 Years | 3 Weeks | 6 months under certain circumstances | As indicated on DS-2019 or with written authorization from ISS. |
|
Short-Term Scholar
|
Conduct research, observe, consult, teach, train, or lecture as indicated on the DS-2019. | 6 Months | None | None | As indicated on DS-2019 or with written authorization from ISS. |
| Specialist | Observe, consult or demonstrate special skills in a specialized field as indicated on the DS-2019. | 1 Year | 3 Weeks | None | As indicated on DS-2019 or with written authorization from ISS. |
The next step is to contact ISS to sign a Faculty Agreement and Pick up a J-1 Packet. Sponsor must read and sign the Faculty Sponsor's Agreement for the J1 Program. The initial paperwork process with take approximately 30-60 days to complete. The process can not be started until the Faculty sponsor has signed the sponsor agreement.
We ask all departments to submit their J1 paperwork at least 90 days before the actual start date.
If the sponsoring department is new to the Exchange Visitor Process, they will need to contact ISS to have a sit down training session to go over the paperwork. Please contact ISS office as soon as possible to schedule a training session.
For all J1 forms for Scholar or Student please refer to Forms.
Make sure that the begin date, allows enough time for the student/scholar/professor to go consulate and interview for the Visa. If the student/scholar/professor will not be coming in before the date listed on the DS-2019, please contact ISS to make the appropriate changes. If ISS office is not alerted of late arrival this might cause problems at port of entry and the J1 visa holder may not be allowed to enter the U.S.
The J-1 Participant will arrive on campus, he/she must report to department/sponsor, then department/sponsor should notify ISS office to set up an appointment to "check-in" or In-Processing. This must be done within 3 days of arrival to UCCS.
Other Information
Many J-1 Scholars are employees of the University during their collaboration and this source of financial support must be indicated on Form DS-2019 in order to be authorized. Those employed are generally hired in non-tenure track faculty positions, as post docs, or in other positions appropriate to the activities of J-1 Scholars. If a J-1 Scholar obtains UCCS employment after arrival, Form DS-2019 must be updated to reflect the change in financial support before the employment may begin.
Occasional lectures or consultations at
other institutions may be permitted under certain circumstances, as
long as they do not interfere with the scholar’s program activities
at UCCS and are directly related to the program objective stated in
the DS-2019, must have permission from ISS beforehand. Prior permission to engage in outside activities for
payment or other compensation must be requested from ISS. Any
employment outside these parameters would be considered illegal, and
a violation of the J-1 scholar’s status.
To request approval of occasional lectures or consultations the J-1
scholar should provide the following to ISS:
- A letter from the prospective employer describing the terms and conditions of the activity, including the duration, number of hours, field or subject, and amount of compensation, if any.
- A letter from the faculty sponsor recommending the opportunity and explaining how it will benefit the J-1 Scholar.
If approved, the J-1 scholar will be given a letter of authorization. The letter must be presented to enable the other institution to compensate the J-1 Scholar. The same would be required, conversely, for a J-1 Scholar to be paid who is visiting UCCS from another institution.
Responsibilities Shared by ISS and UCCS
Departments
ISS is
responsible for monitoring the University’s compliance with J-1
program regulations, but it also shares other responsibilities with
the departments who invite J-1 Scholars to ensure that the best
possible opportunities are provided for successful and meaningful
research and teaching collaborations at UCCS.
International Student
Services (ISS) relies on the departments to be knowledgeable of the
program requirements placed upon the J-1 Scholar.
ISS provides only general information regarding housing,
schools, the Colorado Springs area, and other pertinent facts about campus life.
The procurement of appropriate living quarters is the responsibility
of the J-1 Scholar, although departments may provide assistance if
they wish.
When forwarding the DS-2019 to the prospective J-1 Scholar, ISS can issue information about the required mandatory health and accident insurance. Departments must notify ISS if the J-1 scholar will arrive in the U.S. more than 30 days after the start date on Form DS-2019. In addition departments are required to notify ISS if the J-1 scholar leaves more than 30 days prior to the expiration date on Form DS-2019. ISS in charge with maintaining records on all J-1 Scholars regarding their program activities. But to meet this mandate it must rely on the departments as a source for much of the needed information.
Insurance
J1 Scholars are REQUIRED to have medical insurance, repatriation, and medical evacuation coverage. The following are the requirements:
- Medical Benefits of at least $50,000 per person/per accident or illness.
- Deductible that does not exceed $500.00 per accident or illness.
- Repatriation of remains in the amount of a least $7,500.
- Medical evacuation expenses of at least $10,000.
- An international policy must be backed by the full faith and credit of the home country government or the company providing the insurance must meet minimum rating requirements established by the USIA.
- Insurance for J-1/J-2 must be maintain for the duration of the exchange program.
Most of the paperwork involving J1 visas will reiterate insurance, you must maintain insurance while your duration of your stay.
Here are some following insurance companies websites:
www.uscampus.com/study_live/healthinsurance/insurance_what.htm
SEVIS I-901 Fee
The US Department of Homeland Security requires a $100 fee of J-1 scholars sponsored by UCCS. The fee must be paid before applying for an entry visa and entering the U.S. For more info: http://www.ice.gov/sevis/i901/index.htm
For more Arrival information please refer to New Exchange Visitor Page.
Social Security Numbers
All visiting scholars who will be on the University's payroll must have a social security number. Scholars can apply for a social security at the Social Security Office. Since a visiting scholar must have such number to get on payroll, there may be a delay in the start of the visitor's pay. The Social Security office in Colorado Springs suggests that the scholar wait at least two to four weeks after their arrival in the U.S. before applying for a number and clearance (For more information concerning Scholar social security cards: http://www.ice.gov/sevis/faqs/f1_m1_ssa_tax_information.htm ).
For instructions to apply please refer to Employment page. Scholars should make sure they bring enough money to cover the initial expenses while waiting for a social security number to be issued and to be put on payroll. Social Security Administration cannot tell us HOW LONG it will take, Homeland Security is taking a more active role in the "clearance" process of foreigners since the new ruling of December, 2005.
|
Disclaimer:
U.S. immigration laws are very complex. The information contained in the these pages is designed specifically for scholars and the departments at the University of Colorado at Colorado Springs; other individuals should seek assistance from immigration specialists. Immigration laws are constantly changing, and even though we will attempt to keep these files up-to-date, we cannot guarantee their completeness or accuracy. The information contained here is not intended to create an attorney/client relationship, nor can it be construed as legal advice.
|
Last Updated: 09/25/2007 11:47 AM
