The A,B,C s of J1 Status

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The A,B,C s of J-1 Status

• A presentation for
• NAFSA Association of International Educators
  Region X Upstate Update
• June 15, 2006
• Utica College
• Utica, New York

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• Student?
• Scholar?
• Researcher?
• Teacher?
• Who is in Your Alphabet Soup and What Rules
  Apply????

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Purpose..

• The overall purpose of the Exchange Visitor
  program, administered by the Department of
  State (DOS), is to increase mutual understanding
  through educational and cultural exchanges
  between the people of the U.S. and the people of
  other countries. Exchange programs at
  universities seek to do this through a variety of
  formats, including, but not limited to, study,
  instruction and research.

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• The Exchange Visitor Program is carried out under
  the provisions of the Mutual Educational and
  Cultural Exchange Act of 1961, as amended. The
  purpose of the Act is to increase mutual
  understanding between the people of the United
  States and the people of other countries by means
  of educational and cultural exchanges.

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• The Exchange Visitor Program is administered by
  the Office of Exchange Coordination and
  Designation in the Bureau of Educational and
  Cultural Affairs. The internet website for
  information on the Exchange Visitor Program is
  http//exchanges.state.gov/education/jexchanges.

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• At the conclusion of their program Exchange
  Visitor program participants are expected to
  return to the home countries to utilize the
  experience and skills they have acquired while in
  the United States.

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• In carrying out the responsibilities of the
  Exchange Visitor Program, the Department
  designates public and private entities to act as
  exchange sponsors. Designated sponsoring
  organizations facilitate the entry of foreign
  nationals into the United States as exchange
  visitors to complete the objectives of one of the
  exchange visitor program categories.

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Categories

• Au pair
• Camp Counselor
• Student, college/university
• Student, secondary
• Government Visitor
• International Visitor (reserved for U.S.
  Department of State use)
• Alien physician
• Professor
• Research Scholar
• Short-term Scholar
• Specialist
• Summer work/travel
• Teacher
• Trainee

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Preparation of Form DS-2019

• Information needed
• Category selection
• Financial information/implications thereof
• Errors/correcting errors
• Validity period(s)

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To qualify, applicant must show

• That they plan to remain in the U.S. for a
  temporary, specific, limited period
• Evidence of funds to cover expenses in the United
  States
• Evidence of compelling social and economic ties
  abroad and other binding ties which will insure
  their return abroad at the end of the visit.

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SEVIS

• All exchange visitor applicants must have a SEVIS
  generated
• DS -2019 issued by a Department of State
  designated sponsor, which they submit when they
  are applying for their exchange visitor visa.

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SEVIS FEE

• Each J-1 Visa applicant must pay a SEVIS I-901
  Fee (100) to the Department of Homeland Security
  for each individual program. The fee may be paid
  either through a special web site, via Western
  Union, or by mail.

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Family Members

• Spouse and children may apply for
• J-1 visa to accompany or join a J-1 visitor to
  the U.S. Once here, if the J-2 spouse wants to
  be employed, an application to DHS, US
  Citizenship and Immigration Services (USCIS) and
  be approved for permission to work.

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Upon Arrival

• A new Exchange Visitor (J-1) MUST be validated in
  the SEVIS system within 30 days of arrival in the
  U.S.
• An Exchange Visitor and his/her dependents MUST
  be covered by a comprehensive health insurance
  program at all times in the U.S.

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Employment?

• A J-1 student may be employed on or off campus
  with the written authorization of his/her
  RESPONSIBLE OFFICER (or alternate responsible
  officer) while maintaining full-time student
  status.

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Academic Training

• A J-1 student may obtain academic training under
  certain conditions

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Academic Training
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Academic Training
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Employment Application for J-2

• A J-2 dependent must file Form
• I-765 with 100 fee) Application for Employment
  Authorization with the USCIS office that serves
  the area where they live for a work permit
  (employment authorization document). The process
  takes several months.

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Social Security Number

• J-1 may obtain a Social Security number upon
  presentation of employment verification to the
  Social Security Administration.
• J-2 dependents may ONLY obtain a Social Security
  number AFTER obtaining employment authorization
  from the U.S.C.I.S.

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Two Year Home Residency Requirement

• If the exchange visitor is subject to INA 212(e)
  requirement, he or she cannot change his or
  status to that of H, L, K, or immigrant lawful
  permanent resident (LPR) until he or she has
  returned to his/her home country for at least
  two-years or received a waiver of that
  requirement

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Obtaining a Waiver?
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Skills List
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Duties of Responsible Officer

• Validation of arrival/enrollment
• Updating of information
• Extensions
• Transfers
• Employment Authorization
• Academic Training Authorization
• Ordering/keep a supply of Form DS-2019
• Annual Report

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Some good quote.

• Presented by
• Patricia A. Burak
• Lynn A. Dunyk
• Andrea Godfread-Brown
• Slutzker Center for International Services
• Syracuse University
• www.international.syr.edu