Information for J-1 Exchange Visitors
Information for Current J Exchange Visitors
The Office of International Programs and Services would like to extend a warm welcome to all our newly arriving J-1 Exchange Visitors and their dependents. Welcome to George Mason University!
Please bring the following documents with you for your check-in appointment:
- Passport (Passport/s of dependent/s)
- DS-2019 form (DS-2019 forms of dependent/s
- I-94 Arrival-Departure Card (small white card given to you in the plane and normally attached to your passport by immigration at the port of entry)
- US resident address/Local address
- Proof of Health Insurance (policy and card)
- Signed Health Insurance Agreement (OIPS form sent to you with your DS-2019 form)
Maintaining J-1 Status
The following is to provide you with general information about the J-1 Exchange Visitor status to help you understand the benefits and responsibilities of the status.
As a J-1 Exchange Visitor at GMU, you have been admitted for a specific period of time to engage in a particular research or teaching activity, as described on your DS-2019 form. You must take care during your stay to maintain lawful J-1 status, as failure to do so can have serious long-term consequences for you. Fortunately, there are some simple steps you can take to ensure that your stay in the U.S. remains valid:
- Be ware of the expiration date of your status. This is not your visa expiration date; it is the ending date in section 3 of your DS-2019 form. If your appointment at the University is extended, the hiring department must contact OIPS before the current expiration date to have the DS-2019 form extended as well.
- Do not accept unauthorized employment. The only activity you are permitted is the one described in section 4 of the DS-2019 form. You must consult an OIPS advisor before hand if you wish to take up any other wok during your stay. (See information on "incidental employment,"
- If offered a comparable position at another college or university, discuss your plans with an OIPS advisor to make sure that the required transfer procedure can be accomplished.
- Comply with the Department of State's health insurance requirements for J-1 visa holders and their families. Willful disregard of these requirements will result in termination of your program and your J-1 status.
- Keep your passport valid. Passport can be renewed by your embassy in Washington D.C. for information about your embassy, you may check http://www.embassy.org
J-1 Health Insurance Requirement
All Exchange Visitors (J-1) and their J-2 dependents are required to maintain health and accident insurance coverage during the entire time they participate in the Exchange visitor program. The Exchange Visitor regulations specify a minimum level of coverage.
- Medical benefits of at least $50,000 per accident or illness
- Repatriation of remains in the amount of $7,500
- Exchange Visitor to his or her home country in the amount of $10,000
- A deductible not to exceed $500 per accident or illness
Insurance coverage backed by the full faith and credit of the government of the Exchange Visitor's home country shall be deemed to meet the requirement. The medical and hospitalization coverage provided by GMU Health Plan meets these requirements.
An Exchange Visitor who willfully fails to maintain the insurance coverage as set forth or who makes a material misrepresentation to the sponsor regarding the coverage will be considered to be in violation of the USIA regulations and will be subject to termination as an Exchange Visitor participant. It is your responsibility, not GMU's to obtain and maintain insurance coverage. All exchange visitors must sign a statement when checking-in with OIPS for the first day that they understand and intend to comply with the medical insurance requirement.
J-1 Health Insurance Agreement Form
Program Extension
Extension of J-1 status is possible for Research Scholar and Professor if the exchange visitor has been maintaining his/her program status and if the extension will not exceed the regulatory limits for the categories (5-year maximum). Please note however, that the Student and Exchange Visitor System The maximum duration of stay as a Short-Term Scholar is 6 months. A short-term scholar may extend his/her stay up to the 6-month maximum or transfer to another program within the period, but extensions beyond 6 months are not permitted.
The GMU department must agree to the extension and will send a memo to OIPS requesting that the Visitor's DS-2019 be extended. This should occur about a month in advance of the expiration of the current J-1 period.
The department's memo should include the following information:
- the specific period of time being requested (the total period of the visitor's J status can be no more than 5 years.)
- this period must begin on the day after the current DS-2019 form ends.
- Site of activity - location of where the exchange visitor will be conducting his/her exchange program related activities.
- Description of the exchange activity.
- The amount and source of financial support to cover the entire period of time requested in the program extension. If the financial support is not from GMU, then original financial documentation must be sent to OIPS before the extension can be granted.
- Whether the scholar will e remain in the U.S. at the time of extension or will travel outside of the U.S. at or near the time of extension.
If the Scholar will be in the U.S. at the time of extension, the visiting scholar should meet with an advisor in OIPS to process the extension. The documents mentioned above must be submitted to the Responsible Officer (RO) or Alternate Responsible Officer (ARO) in OIPS at least 30 days prior to the expiration date of the current DS-2019. The RO/ARO will review the information and determine the scholar's eligibility for the extension and if eligible scholar will be issued a new Form DS-2019 indicating the new expiration date. If the scholar will not travel outside the U.S. during the extension period, then no J-1entry visa is required and the scholar (and dependents if applicable) can remain in valid J-1 status.
However, if the scholar will travel out of the U.S. during the extension period, he or she will need to apply for a new J-1 visa at a US consulate in order to return to the U.S. to resume J-1 activities.
J-1 Program Transfer
J-1 scholars may transfer in or out of GMU's J-1 program sponsorship (transfer here refers to moving between program sponsors while remaining in the United States) if the purpose of the transfer is to complete the objective for which he/she was originally admitted and it is within the same participant category. Program transfer is hence subject to the following restrictions:
- The J-1 researcher or professor must pursue the same primary purpose as he/she pursued at the previous institution.
- The J-1 visitor may not change categories, i.e. from "student" to "research scholar."
- Before DS-2019 can be issued to an exchange visitor, the previous program must be agreeable to such a transfer. Therefore, the exchange visitor needs to communicate with current program sponsor/OIPS and the future program sponsor/OIPS about the expected change and discuss the transfer procedures. In addition, a formal discussion between the program sponsors has to be made to determine eligibility of the program transfer, procedures, etc.
- The transfer process must be completed before the current DS-2019 expires.
- For current procedures, please contact an advisor in OIPS.
If you are at another institution and wish to transfer your J-1 status to George Mason University, please discuss the program transfer with your current institution's J-1 Responsible Officer/Alternative Responsible Officer and also with an advisor at OIPS. Following these discussions, please also complete the following form and return it to OIPS either by mail or fax: Request to Transfer Exchange Visitor Sponsorship to George Mason University.
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Employment Related Issues
Professional Activities Incidental to Status
J-I Exchange Visitor Scholars at GMU are generally visiting international professors, research scholars and/or short-term scholars.
J-1 Scholars may not be employed, full or part time, for economic gain other than as stated on their Form DS-2019. However, it may be possible to give an occasional lecture and/or participate in a short-term consultancy, if one or both of these are incidental to the Exchange Visitor's primary program activities. The occasional lecture or consultancy shall: (1) be directly related to the objectives of the exchange visitor's program; (2) be incidental to the exchange visitor's primary activity at the university; and (3) will not delay the completion date of the visitor's program.
PROCEDURE:
To obtain authorization to give occasional lectures or engage in short-term consultations involving wages or other remuneration, the exchange visitor must provide the Responsible or Alternate Responsible Officer of GMU's J-1 program (Director and Advisors in OIPS) the following, in advance of the activity:
- a letter from the inviting institution outlining the terms and conditions of the offer to lecture or consult including the duration, number of hours, field or subject, amount and type of compensation and a brief description of the activity, and
- a letter from the exchange visitor’s department chair, dean or supervisor recommending the activity, explaining how such activities would enhance the exchange visitor’s program and explaining the relevance to the exchange visitor’s program.
After reviewing the required letters, the RO or ARO will give a written determination approving or denying the request (s). Determinations will be based on whether or not the activity is warranted and if it satisfies the criteria of the exchange visitor's program.
A letter from the RO or ARO will serve as authorization of this employment for the exchange visitor's and employer's records. No Form I-9 will be required of the exchange visitor by the outside employer, because the visitor is acting as an independent contractor.
PLEASE REMEMBER THAT EMPLOYMENT OTHER THAN THAT STATED ON THE FORM DS-2019 IS NOT PERMITTED WITHOUT AUTHORIZATION.
REQUESTS WILL BE CONSIDERED ONLY FROM THOSE WHO PROVIDE THE ABOVE STATED LETTERS IN ADVANCE OF THE EVENT.
J-1 Two-Year Home Residence Requirement
Exchange visitors may be subject to the two-year foreign residence requirement of Section 212(e) of the Immigration and Nationality Act, as amended, for one or more of the following reasons:
- a. They received funding from the United States Government, their own government, or an international organization in connection with their participation in the Exchange Visitor Program.
- b. The education, training, or skill they are pursuing in this country appears on the Exchange Visitor Skills List (1997 Amendment) for their country.
- c. They acquired J-1 status on or after January 10, 1977, for the purpose of receiving graduate medical education or training.
This "two-year residence" requirement applies to you if you receive any funding from your home government or a U.S. government agency. It also applies to you if trained personnel in your field are identified by your home government as being in short supply and your field has consequently been included on the U.S. government's "Exchange Visitor's Skills List." The two-year residence requirement also applies to persons receiving graduate medical education or training. If you do not know whether your country and or field appear on the "Skills List" ask at OIPS or check the Department of State website "Exchange Visitor's Skills List".
The two-year home country physical presence requirement is explained very clearly here. An exchange visitor who is subject to this requirement must reside for an aggregate of two (2) years in his or her country of nationality or last legal permanent residence or have the requirement waived before being eligible for other U.S. immigration statuses, including H, L or permanent resident status.
Questions and Answers about the Two-Year Home
Residence Requirement for J-1 Exchange Visitors
Waiver of the Two-Year Home Residence Requirement
See also Section 212(e) of the U.S. Immigration & Nationality Act (Updated January, 2006)
Exchange visitors who are subject to, but do not wish to comply with, the two-year home country residence requirement, may apply for a waiver of that requirement under any one of the five applicable grounds provided by the United States immigration law.
- "No Objection" statement from the home government
Note: The law precludes use of this option by medical doctors listed in "c" above.
The exchange visitor's government must state that it has no objection to the exchange visitor not returning to the home country to satisfy the two-year foreign residence requirement of Section 212(e) of the Immigration and Nationality Act, as amended, and remaining in the U.S. if he or she chooses to do so.
- Request by an interested (U.S.) Government agency, or IGA
If an exchange visitor is working on a project for or of interest to a U.S. Federal Government agency, and that agency has determined that the visitor's continued stay in the United States is vital to one of its programs, a waiver may be granted if the exchange visitor's continued stay in the United States is in the public interest.
Note: For applications on behalf of foreign physicians, who agree to serve in medically underserved areas, please refer to Federal Register Volume 62, No. 102 of May 28, 1997.
- Persecution
If the exchange visitor believes that he or she will be persecuted upon return to the home country due to race, religion, or political opinion, he or she can apply for a waiver.
- Exceptional hardship to a United States citizen (or permanent resident) spouse or child of an exchange visitor
If the exchange visitor can demonstrate that his or her departure from the United States would cause extreme hardship to his or her United States citizen or lawful permanent resident spouse or child, he or she may apply for a waiver. (Please note that mere separation from family is not considered to be sufficient to establish exceptional hardship.)
- Request by a designated State Department of Health or its equivalent
Note: The law permits only medical doctors to apply for a waiver on this basis. Pursuant to the requirements of Public Law 103-416, of October 25, 1994 and Public Law 107-273, of November 2, 2002, foreign medical graduates who have an offer of full-time employment at a health care facility in a designated health care professional shortage area, and who agree to begin employment at the facility within 90 days of receiving such waiver, and who sign a contract to continue to work at the health care facility for a total of 40 hours per week and not less than three years, may apply for a waiver.
For information about PROCEDURES FOR WAIVER APPLICATIONS, please check the Department of State website: http://travel.state.gov/visa/temp/info/info_1296.html
The Consulate website link is: http://usembassy.state.gov/
Twelve Month Bar
Individuals who have been in J-1 or J-2 visa status in the previous 12 months, for more than 6 months, are ineligible to begin a new program in J-1 status in either the "Professor" or "Research Scholar" categories until they have been physically absent from the US for a minimum of 12 consecutive months.
J-2 Dependent Status
Only the spouse and unmarried minor children (under the age of 21 yeas) of the exchange visitor are eligible to obtain the J-1 dependent classification and status. If such family members would be accompanying the J-1 exchange visitor, each family member needs to be issued an immigration documents) DS-2019 form and would need to obtain a J-2 visa at the US embassy or consulate in the visitor's home country. J-2 documents for family members can be issued if the exchange visitor can demonstrate that he/she has adequate funding to meet the living and health insurance expenses for each dependent (please see J-1 Request Form for more details). Please note that all J-2 dependents are also subject to the same mandatory health insurance requirements stipulated by the Department of State (Please see J-1 Health Insurance Agreement). (Please make this a a live link to this form - as per above now will be in the J Forms section. This can be found on the common drive at: S:\Internat\J-1\Health Insurance agreement for J-1s. 3/30/2006).
J-2 Dependents Employment Authorization
J-2 dependents (spouses and children under the age of 21 years) are unique in their ability to apply for and receive work authorization in the U.S. This authorization is not guaranteed. There are conditions: J-2 dependents' income may not be used to support the J-1 principle and they may not work until they receive Employment Authorization Document (EAD) from US Citizenship and Immigration Services. They may work part-time or full-time on or off campus as long as their EAD is valid.
OIPS can assist the dependents of GMU J-1 scholars with the EAD application process. The application forms I-765 and a J-2 Employment Handout (Please add this Form to the J Forms section and make this a live link to this form. Form can be found at S:\Internat\J-1\J-2 employment.3/31/2006) describing a list of items that need to be submitted is available at OIPS. The form I-765 can also be down loaded from the USCIS website at: http://www.uscis.gov/graphics/formsfee/forms/i-765.htm. If you would like OIPS to assist you with this application, please schedule an appointment with an Advisor at OIPS, once you have prepared all the items to be submitted.
J-2s are typically granted work permission from the BCIS for a period of one year. However, if the period of time remaining on the J-1's DS-2019 is less than one year, then the work authorization will be shorter also to match the period on the DS-2019.
J-2 visa holders are may be employed only once they have received an EAD card. They are not limited as to where they may work, but their immigration status and work authorization is contingent upon the J-1 visa holder maintaining his/her immigration status.
Guidelines for Travel in and out of the United States while in J status in the U.S.
Under the current political immigration climate, we recommend that you please check with OIPS before you make international travel plans. Please make sure that you have all documents related to your immigration status in order. A critical document is the U.S. visa stamp in your passport. It is important to remember that obtaining a new visa stamp is never guaranteed. It is possible that you may experience delays at a U.S. embassy or consulate, regardless of your country of citizenship. Please contact the U.S. embassy or consulate at which you plan to obtain the visa stamp ahead of time to confirm its hours of operation, application procedures, and to see if any changes in operations have been implemented. For a list of U.S. consulates abroad: http://usembassy.state.gov/
Passports: You must carry a passport that will be valid for reentry to the United States. Your passport should be valid for six months beyond your anticipated stay in the United States.
Valid U.S. visa Stamp: Citizens of all countries except Canada are required to have a valid U.S. visa stamp in their passports to reenter the United States. If the visa stamp in your passport will not be valid at the time of your reentry to the U.S., you will need to apply at a U.S. consulate or embassy for a new visa stamp.
Travel to Canada and Mexico: You should not plan to travel to Canada or Mexico to obtain a visa stamp without first speaking with an advisor in OIPS. In the past, it was routine for students and scholars to return to the United States from Canada and Mexico (and in some cases from the Caribbean) with an expired visa stamp after a visit of no more than 30 days to any of these adjacent countries. This process is known as "Automatic Visa Revalidation.". The DOS rule that became effective on April 1, 2002. This benefit is no longer available to some foreign nationals. Specifically, citizens of Iraq, Iran, Syria, Libya, Sudan, North Korea, and Cuba are ineligible for Automatic visa Revalidation. In addition, any third country National 0a person applying at a U.S. consulate/embassy in a country other than his/her own) who applies for a visa in Canada or Mexico, must have the application approved before returning to the new visa application (in Canada or Mexico), she/he will not be permitted to reenter the United States. This may necessitate a trip to the individual's home country directly from either Canada or Mexico to obtain the visa stamp in order to renter the United States.
Visiting Countries Other Than Your Own: Some visa applicants are prohibited from obtaining a visa stamp at a U.S. consulate or embassy in a third country. If you will need to obtain a visa stamp for your return to the United States and are planning to apply in a country other than your home country, please visit the web site of the U.S. consulate in which you plan to apply for the visa for the operating procedures. In addition, you may be required to obtain a visa stamp for permission to enter the third country. You should contact the appropriate foreign consulate in the United States to see whether you are required to have a visa.
Family Members Traveling: family members who hold the J-2 dependent visa when traveling outside the United States and returning must have their own dependent visa documents (DS-2019 for J-2 dependent). Please check with an advisor in OIPS several weeks in advance to confirm what visa documents will be needed.
Change of Visa Status within the United State: In case you have recently completed a change of visa status in the United States through the U.S. BCIS (formerly INS), you will still be required to obtain a visa stamp for your new visa status in your passport at a U.S. embassy or consulate.
Documents for Travel and Reentry:
- A valid DS-2019 or IAP-66 signed by a Responsible Officer/alternate Responsible officer RO/ARO) in OIPS. After August 1, 2003, only SEVIS DS-2019 forms will be accepted.
- A valid J-1 visa stamp in the passport
- Evidence of the financial support listed on the DS-2019 or IAP-66
- If your DS-2019 was issued by OIPS, an advisor in OIPS must sign it. If your form was issued by another Exchange Visitor Program, e.g. Fulbright, you should contact that organization directly regarding travel signatures.
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New Regulations for J1 Visiting Scholars
INTRODUCTION
In December 2002, the Immigration and Naturalization Services (now it is the Unites States Citizenship and Immigration Services, USCIS for short) and the Department of State published new rules governing J-1 exchange visitors. These new regulations not only have an impact on procedures, but also require that J-1 visa eligibility documents (Form DS-2019) be produced through a federally mandated database known as SEVIS (Student and Exchange Visitor Information System). In addition, the Office of International Programs and Services (OIPS) must report certain "events" to SEVIS throughout the J-1 Exchange Visitor's stay in the U.S. The following information summarizes the recent changes as they impact J-1 scholars (international academic staff on J-1 visas) at George Mason University.
WHAT IS SEVIS?
SEVIS is a federal database that collects information on J-1 Exchange Visitors, as well as F-1 (academic) and M-1 (vocational) students, and their dependent family members. All J visa eligibility documents (Form DS-2019, formerly known as IAP-66) are created using SEVIS. Only designated officials at federally approved programs are eligible to access SEVIS.
WHAT ABOUT MY SPOUSE AND CHILDREN (ON J-2 VISAS)?
Your spouse and children (under age 21) are still eligible for J-2 dependent status but SEVIS now requires that each J-2 dependent have their own SEVIS DS-2019 form. This is a change from past procedures. For this reason, it is critical that your dependent's full name, birth date, family relationship, city of birth, country of birth and country of citizenship are accurately recorded and spelled in the DS-2019 that we produce for them.
WHAT "EVENTS" DOES THE OIPS NEED TO REPORT TO SEVIS?
1. Commencement of Program - New J-1 scholars will need to check in at the OIPS with their immigration documents within 30-days of the program start date specified in Item 3 of the DS-2019 form.
2. Address Changes - You, and your dependent family members, must report changes of address to the OIPS within 10-days of making the change. This time frame is a legal requirement, and is not arbitrarily selected by the OIPS. The address reported should be an actual physical address, not a department address. If mail cannot be received at your residence, a mailing address (P.O. Box) may be used, but the OIPS is required to maintain a record of your residential address as well.
3. Site of Activity Change - You, and your dependent family members, must report additions to, or changes in, work site (location at which work will be conducted) to the OIPS within 10-days of the change. If you will be working at another physical location, the OIPS must report the address of the activity site to SEVIS. Short trips of a few days do not need to be reported as changes in site of activity.
4. Changes in Legal Name - You, and your dependent family members, must report changes of legal name to the OIPS within 10-days of making the change. In addition, under SEVIS, the accuracy of names and biographic data on DS-2019 forms will be of CRITICAL importance. If your current DS-2019 form does not list your name or biographic information correctly, please notify the OIPS.
5. End of program participation - If you will be leaving George Mason University for more than 30-days before the end date specified on Form DS-2019, you must notify the OIPS. It is absolutely critical that you notify the OIPS of any of the above
described changes. As the federally designated officers for GMU's J-1 exchange visitor program, we are required to ensure that the university is in compliance with regulations governing the program.
CONCLUSION:
The OIPS understands that this change in federal regulations, and the resulting change in procedures, may be confusing. Please know that you are welcome to discuss your concerns with our advisors.
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