1. J-1 Scholar Overview for
F-1 Advisors
Services for International
Students & Scholars (SISS)
UC Davis
Fall 2012
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2. Presenters
Margaret Hellwarth
Assistant Director, International Scholar Services
• PH: 530-752-7877
• Email: mhellwarth@ucdavis.edu
Simone Kueltz
Lead J-1 International Scholar Advisor
• PH: 530-752-7536
• Email: skueltz@ucdavis.edu
Services for International Students and Scholars, University of California, Davis
siss.ucdavis.edu
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3. At the End of this Session
Participants Will Know About:
• The J exchange visitor program and J scholar status
– Overview of categories and general regulations
– J-2 dependent status
– Two-Year Home Residency Requirement
(being “subject to 212(e)”)
– Permitted program activities
– Change of status from J scholar to F student
– Change of status from F student to J scholar
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4. The J-1 Exchange Visitor Program
→Administered by the U.S. Department of State,
Bureau of Educational & Cultural Affairs.
→The purpose is to increase mutual
understanding between the people of the U.S. &
the people of other countries by means of
educational & cultural exchanges.
→Exchange visitors are expected to return to their
home countries to utilize the experience & skills
they have acquired while in the U.S.
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5. J-1 & J-2 Documents
P Passport DS-2019
J-1/J-2 Visa Stamp I-94
(issued by US embassy abroad, may (issued by DHS at port-of-entry or
expire while in the US) on I-797 change of status notice)
J-2 dependents need a valid EAD (Employment
Authorization Document) to be employed.
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6. Biographical SEVIS ID
info J-1 For
Program
dates Designated
J category
Port of
entry stamp
Travel signature
space
US Consular
annotation
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7. Status Date of entry
J-1 visa
Duration of
status
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8. J-1 Visa Sample
Visa
Type
Number of Visa
entries expiration
date
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9. Most Common J-1 Scholar
Categories Used at Universities
• Research Scholar
• Professor
• Short-Term Scholar
• Specialist
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10. General Requirements for all
J-1Scholar Categories
Must engage in scholarly activities
Enrollment in classes/degree program must not be the
primary objective
Must meet minimum funding requirement to cover living
expenses for program duration
Must have sufficient knowledge of English to participate
in program (however, no TOEFL or other test required)
Must have health care coverage that meets regulatory
minimum
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11. J Scholar Categories
Differences
Minimum length of program
Maximum length of program
Activities permitted
Bars/waiting times between J programs
Benefits (incidental employment)
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12. J-1 Research Scholar/Professor
Duration of stay: 3 weeks to 5 years
Activities: teaching, research, observing, consulting
Who is eligible?
Must have Bachelor’s degree or higher*
Must NOT be a candidate for tenure-track position
Must NOT be subject to the “12-month bar” based on
previous time spent in any J status (except short-term
scholar)
Must NOT be subject to the “24-month bar” based on
previous time spent in J-1 research scholar/ professor
status
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13. Other J-1 Scholar Categories
J-1 Specialist
J-1 Short-Term Scholar (expert in field)
(no Bachelor’s degree required)
(minimum Bachelor’s degree)
Duration: up to 6 months Duration: 3 weeks to 1 year
Appropriate if: Appropriate if:
lecture, observe, research
observe, consult or
less than 3-weeks visit demonstrate special knowledge
or skills (not for research or
no extension beyond the teaching)
6-month limit desired
no extension beyond the
1-year limit desired
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14. Activities Allowed for
J-1 Scholars
Work Study
• In general, J-1 Scholars may • J-1 scholars are allowed to enroll
only be paid by their program in classes on a part-time basis.
sponsor and/or the entity listed
on the DS-2019 (third party). • “Part-time” coursework is defined
by each institution (at UCD, it
equals no more than 8 units).
• J-1 professors, researchers
and short-term scholars may
• Scholars should get approval from
be approved for “incidental their international scholar advisor
employment” by their program before enrolling in classes.
sponsor (next slide).
• Policies and procedures vary
among universities.
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15. Incidental Employment
• A J-1 scholar is authorized to work ONLY for the J-1
program sponsor.
• A Responsible Officer/Alternate Responsible Officer
(“RO” or “ARO,” similar to a “DSO”) may approve J-1
research scholars/professors for occasional lectures,
short-term assignments or other incidental work
opportunities at a site other than the one issuing the
DS-2019.
• Authorization from the J-1 program sponsor is required
in writing, in advance of employment start date.
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16. 2-Year Home Residency Requirement-212(e)
• J-1 Scholar is subject if:
• Received funding from government (home or US)
• Country and field is on Exchange Visitor Skills List
• Graduate medical education or training
• Being “subject” means J-1 Scholar (& J-2 dependents)
must return home for 2 years after J-1 program, or
receive a waiver, in order to apply for L-1, H-1B visa or
permanent residency.
• Being “subject” does not prohibit F-1 visa application at
US embassy but does prohibit change of status
in the US.
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18. Can the 212(e) Requirement be Waived?
Waiver is the scholar’s responsibility
http://www.travel.state.gov/visa/tempvisitors_info_waivers.html
The Exchange Visitor Skills List is on the Department of
State (DOS) website:
http://travel.state.gov/visa/temp/types/types_4514.html
DOS makes the final determination
If approved, J-1 scholar and J-2 dependents may change
status inside the US and may acquire H-1B, L-1 or PR
If not approved, still possible to gain F-1 status through
travel
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19. When Should a J-1 Scholar Change
Status to Student?
• Scholar has been admitted to a full-time program of
study.
• Scholar may change status (COS) to F-1 student in US
or travel home to apply at US embassy. COS: Initial F
program start date has to fall within 30 days from J
status end date. May start program while application is
pending (no student benefits).
• Must apply for student visa at US embassy:
if subject to 212(e), unless waiver approved
if COS timing issue
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20. Visa Options for J Scholar
Dependents/Partners
• For J-1 married to opposite-sex spouse and for
children under 21 years old:
– J-2 dependent status is used
• If J-1 is married to same-sex spouse or has
cohabitating partner:
Partner may qualify for their own principal visa status,
such as J-1 scholar or F-1 student
Partner may request B-2 tourist status (next slide)
21. B-2 Option for Same-Sex Spouses and
Cohabitating Partners
• US Consulate:
Officer notates the B-2 visa with the principal nonimmigrant’s visa
type and duration
• US Port of Entry:
Partner requests B-2 admission for one-year if the B-2 visa holder
plans to stay in the United States more than 6 months
• Extension of B-2 Status (with USCIS):
Partner may request extensions in six-month increments for the
duration of the principal alien’s nonimmigrant status
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22. Activities Allowed for J-2
Dependents
Study Work
• J-2 dependents are allowed to • J-2 dependents are allowed to apply
for an EAD (employment authorization
study full-or part-time without document).
change of status.
• It takes approximately 3 months to
• J-2 status ends when J-1 receive the work permit.
status ends, which may not be
• No employment is allowed without the
in line with academic calendar.
work permit; the work permit would
allow on campus employment, etc.
• J-2 dependents cannot work
on campus (or elsewhere) or • Volunteer activity that is typically
“volunteer” (e.g. red cross, Candy
receive payment without an Striper, etc.) is ok; otherwise, a work
EAD. permit is recommended even for “non-
paid employment.”
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23. Change of Status from J-2
Dependent to F-1 Student
• J-2s may study part-or full-time (with EAD for TA
or RA or on-campus employment)
• J-2 child turning 21 has to leave US or apply for
change of status before 21st birthday
• J-1 status and therefore J-2’s status expires
prior to end of studies
• OPT considerations
• If subject to 212(e), could try to apply for 212 (e)
separately from J-1
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24. Advising F-1 Students Who Have Option to
Change to J-1 Scholar Status
• J-1 sponsor will issue DS-2019 and assist with
process;
• Change of status must be filed prior to expiration
of current status;
• Change to J-1 status will make some individuals
“subject” to 212(e) (but not all);
• If change of status is pending, applicant would
be legal to stay in US after previous status
expires but would not be able to accept financial
support from sponsor until COS is approved.
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25. General Tips for Change of Status from F to J
and Timing the Petition
• File at least 3 months in advance of start date;
• Must be filed prior to current status expiration;
• Applicant must have DS-2019 issued by sponsor for self and
dependents;
• There should be no gap between F-1 grace period and J-1 start date
(may file COS during grace period);
• If the J-1 start date is reached and the COS has not yet been
approved, the J-1 start date must be changed to a later date by the
J-1 sponsor;
• Applicant must complete Form I-539 and include supporting
documents for self and dependents.
• Pay Fees: SEVIS fee $180, COS fee $290
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26. Study, Employment and Change of Status Options while in J-1 or J-2 Status
STATUS STUDY EMPLOYMENT ELIGIBILITY TO CHANGE STATUS
TO F-1 IN U.S.
J-1 scholar *Only part-time as defined *Authorized to work for J program * Only if not subject to the 2-year
by J program sponsor sponsor only home residence requirement
(research/teaching should (212e)
be the objective of the *Incidental employment authorization
visit; not primarily a could allow for work outside of program *If subject: may apply for F-1 visa
program of study) sponsor as independent contractor (will at US embassy in home country
need sponsor authorization letter)
J-2 dependent (spouse, *Part-or full-time study *Only with employment authorization * Only if not subject to the 2-year
child under 21) document (EAD) from USCIS, not to home residence requirement
exceed J-1 scholar’s program time (212e)
* If subject: may apply for F-1 visa
at US embassy in home country
Pending change of N/A *Only with J status approval notice and N/A
status from F-1 student only after J program start date has
to J-1 scholar arrived
Pending change of *Can take classes while *Only after F-1 status approval & N/A
status from J-1 scholar pending but only eligible according to student regulations
to F-1 student for student status benefits
after F-1 status approval
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27. Helpful Websites
Department of Homeland Security (DHS)
• U.S. Citizenship & Immigration Services (USCIS)
• http://www.uscis.gov
• On this website, you will find Form I-539, “Application to Extend/Change
Nonimmigrant Status.” There are also detailed instructions on how and where to file
a change of status petition, ELIS (Electronic Immigration System).
• USCIS Case Status Tracker
• https://egov.uscis.gov/cris/Dashboard.do
• Once a change of status is filed, the beneficiary will get a receipt with a receipt
number. With that number, the case can usually be tracked online (note:
occasionally, the case status information is not entered, even though the case is in
process).
• SEVP Fact Sheets
• http://www.ice.gov/sevis/factsheets.htm
• Fact Sheets about the J-1 and DMV, social security, etc.
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28. Helpful Websites
Department of State (DOS)
• Exchange Visitor Program
• http://j1visa.state.gov/basics/
• All the basic information about J-1 and J-2 visas.
• Department of State Exchange Visitor Program
• http://travel.state.gov/visa/temp/types/types_1267.html
• Comprehensive overview of J-1 Exchange Visitor Program.
• Department of State J-1 Waiver Page
• http://travel.state.gov/visa/temp/info/info_1296.html
• Comprehensive information on what it is to be “subject to 212e” and how to get a
waiver.
• Department of State Visa Wait Times
• http://travel.state.gov/visa/temp/wait/wait_4638.html
• Listing of the amount of time it takes to get an appointment for a visa, and have the
visa application processed, in all the US Embassies and Consulates around the
world.
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