J-1 Exchange Visitor Program

     - Professors, Research Scholars and Short-Term Scholars

 

What is the difference between a Visitor and a Guest?

The Office of International Programs identifies visitors as those individuals who have a formal relationship and purpose involving the University of North Dakota. These individuals would enter the United States with a J-1 visa detailing a specific program with UND and the funding to support that visit.

The J-1 Exchange Visitor Program is administered by the U.S. Department of State. UND is an Exchange Visitor Program Sponsor. This means that UND is a legal entity, which has applied for and received designation from the Department of State to conduct an exchange visitor program. Inviting an International Scholar to UND is more than just a written invitation; it is a commitment to providing the scholar with an experiential program that benefits the individual as well as UND.

In contrast, a Guest is a Tourist who is coming to UND to meet with faculty, staff, and/or tour the UND campus on a more informal basis. Relationships with guests who enter the United States as tourists are harder to define and can be problematic because of restrictions imposed by the U.S. Department of State, U.S. Department of Homeland Security, U.S. Citizenship and Immigration Service, U.S. Immigration and Customs Service, as well as the Internal Revenue Service. A guest will usually hold a B-1 business or B-2 tourist visa.

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J-1 Exchange Visitor Information

The U.S. Department of State has designated the University of North Dakota as the program sponsor for Exchange Visitor Program No. P-1-01244. Under this program, UND is allowed to issue a Student and Exchange Visitor Information System (SEVIS) Form DS-2019 “Certificate of Eligibility for Exchange Visitor (J-1) Status” to enable foreign visitors who meet the eligibility criteria to apply for a J-1 visa and subsequently enter the United States.

The Department of State administers the Mutual Educational and Cultural Exchange Act of 1961, as amended. The act promotes mutual understanding between the people of the United States and other countries by means of educational and cultural exchange. The Exchange Visitor Program provides foreign nationals with opportunities to participate in exchange programs in the United States and then return home to share their experiences.

The Exchange Visitor Program for International Scholar Services at the University of North Dakota is managed by the Responsible Officer in the Office of International Programs. The Responsible Officer (the Associate Director of International Programs) is authorized to issue DS-2019 forms to persons who are to engage in UND’s J-1 program in the following categories:

• J-1 Professor Category

• A Professor is an individual who is primarily at UND to teach.  A Professor may also conduct research.  The minimum visit as a Professor is three weeks.  The maximum stay is five years.  After the completion of the program the individual is not eligle for another J-1 Professor or Research Scholar Program for two years.

• J-1 Research Scholar Category

• A Research Scholar is an individual who is primarily at UND to conduct research.  A Research Scholar may also teach.  The minimum visit for a Research Scholar is three weeks.  The maximum stay is five years.  After the completion of the program the individual is not eligible for another J-1 Research Scholar or Program Program for two years.

• J-1 Short-Term Scholar Category

• A Short-Term Scholar is an individual who is at UND to teach, research, observe, consult, conduct training, or demonstrate special skills.  The minimum stay for a Short-Term Scholar is one day, and the maximum stay is six months (there are no possibilities for an extension).

 

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Regulations for J-1 Professors and Research Scholars

Visitor Eligibility. An individual may be selected for participation in the Exchange Visitor Program as a Professor or Research Scholar subject to the following conditions:

1. A Professor or Research Scholars must have the appropriate academic credential. He or she should have at least a bachelor’s degree with the appropriate experience in his or her field of endeavor.

2. The participant shall not be a candidate for a tenure-track position.

3. The foreign national has not been in J-1 or J-2 visa status and physically present in the United States during all or part of the two-year period prior to the beginning of the proposed J-1 program at UND. This Two-Year Bar Rule is modified by three exceptions.

• J-1 Transfers. The Two-Year Bar is not applicable to those J-1 Exchange Visitors who transfer to UND’s J-1 program from a different J-1 program under the rules established by the Department of State. The individual must have remaining time left with his or her J-1 Program.

• One-Year Bar.  Individuals who completed their J-1 Professor or Research Scholar Program prior to November 2006 are not held to the Two-Year Bar.  Instead, they fall under the old rules of a One-Year Bar (unless they are subject to the Two-Year Home Country Phyiscal Presence Requirement).

• Presence in J Status as a Short-Term Scholar. No time spent as a Short-Term Scholar is counted as physical presence that triggers the Two-Year Bar Rule.

Limitation of Stay. The University of North Dakota issues the initial SEVIS Form DS-2019 for a J-1 Professor or Research Scholar for at least 3 weeks and up to the maximum of 5 years.

Employment. Professors and Research Scholars are permitted to work as described on the SEVIS Form DS-2019. On-campus and/or off-campus employment not related to the objectives of the Exchange Visitor’s program is not authorized. There are two exceptions:

• Professors and Research Scholars may accept additional employment as authorized by the UND Office of International Programs in accordance with U.S. Department of State regulations.

• Professors and Research Scholars may engage in occasional lectures or consultations with prior written approval by the UND Office of International Programs. Such lectures and consultations must be incidental to the Exchange Visitor’s primary program activities.

 

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Regulations for J-1 Short-Term Scholars

Why Use Short-Term Scholar Category?

• The Short-Term Scholar category is not subject to the 3-week minimum length of program requirement.

• The category can be used for an Exchange Program lasting up to 6 months. Extensions beyond the initial 6 months are not authorized for the Short-Term Scholar category.

• The Short-Term Scholar category may be used by International Scholars who are ineligible for the Professor or Research Scholar categories because of the Two-Year Bar Rule.

Employment. A Short-Term Scholar is permitted to participate in activities as listed on his or her SEVIS Form DS-2019. Short-Term Scholars may also engage in occasional lectures or consultations if prior written approval is obtained from the UND Office of International Programs.

 

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Hosting Issues for J-1 Visitors

The following is a list of “hosting” issues that UND Departments and Schools may want to consider prior to inviting an international scholar to UND.

Once the scholar has arrived at UND, you will need to bring him or her to the International Centre to in-process with the Associate Director of International Programs. The scholar will need to bring his or her passport and immigration documents. The scholar will also need to prove that he or she possesses adequate health insurance that meets U.S. Department of State requirements. This insurance can be purchased at that time. This in-processing should be done during the scholar’s first day or two at UND. The Associate Director will give the scholar an immigration briefing at that time.

 

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Two-Year Home Country Physical Presence Requirement

The Two-Year Home Country Physical Presence Requirement is one of the most important characteristics of J-1/J-2 Exchange Visitor status. This requirement needs to be fully understood by each J-1/J-2 Exchange Visitor.

What is the Requirement?

• United States law requires J-1/J-2 Exchange Visitors who are subject to the Two-Year Home Country Residence Requirement to return to their “home” countries after the completion of their exchange visit.

• These individuals must be physically present in their home countries for an aggregate of two years before being eligible to return to the United States in immigrant (permanent resident/green card) status or H status (temporary workers and dependents).

Who Does this Requirement Apply To?

Some, but not all, J-1/J-2 Exchange Visitors are subject to the Two-Year Home Country Residence Requirement. There are three grounds on which a J Exchange Visitor can become subject to this requirement.

1. If the J Exchange Visitor’s participation in an exchange program was financed, directly or indirectly, by the United States government or a foreign government for the purpose of exchange.

2. If the skills that the J Exchange Visitor is coming to develop or exercise are in a field which the J Exchange Visitor’s "home" government requested be included on the Department of State Skills List.

• The skills lists are available for viewing at:

http://exchanges.state.gov/education/jexchanges/participation/skills_list.pdf

3. The J Exchange Visitor comes to the United States to receive “graduate medical education or training.”

What if the Funding Changes?

A J Exchange Visitor who falls into one of the above three categories will continue to be subject to the Two-Year Home Country Physical Presence Requirement, even if funding or field of study changes.

Are J-2 Dependents Subject to the Two-Year Requirement?

If the principal J-1 Exchange Visitor is subject to the Two-Year Residence Requirement, all dependents who enter the United States in J-2 status are subject to it as well.

Is the Initial Determination on the J Visa Concerning the Two-Year Requirement Accurate?

There are several preliminary determinations on whether a J Exchange Visitor is subject to the Two-Year Home Country Physical Presence Requirement. If, in any of the three situations noted below, the U.S. Consul has stated that "Bearer is Subject to Section 212(e) Two Year Rule Applies," then the Consul has made an initial determination that the Two-Year Home Country Physical Presence Requirement does apply.

1. The J visa stamp bears a notation as to whether the U.S. Consul issuing the visa believes the exchange visitor is subject.

2. The Consul endorsed the Form DS-2019 in the lower left-hand corner.

3. In case of a change of status to J in the United States, the U.S. Citizenship and Immigration Service made a preliminary endorsement in that box.

Note, however, that the endorsements mentioned above are based on the Form DS-2019 presented at the time. A single Form DS-2019 does not necessarily reflect a historical record of whether the J Exchange Visitor may be subject from a past visit. Moreover, the Consular Officer may have inadequate or inaccurate information on the sources of funding or the skills represented. Errors in determination are common. In determining whether the Two-Year Residence Requirement applies, funding, skills, and copies of all Forms DS-2019 covering a J Exchange Visitor’s stay in the United States must be examined.

Must the Individual Live in His/Her Home Country During a Two-Year Block?

There is no requirement that the 2 years constitute continuous physical presence in the home country. Periods of residence may be aggregated to establish 2 years. For example, a professor who holds J-1 status could satisfy the requirement by spending summers and holidays in the home country or by teaching one semester a year there. When aggregating time in this way, the alien should keep scrupulous records such as rent receipts, utility receipts, and so on to show physical presence for the requisite two years.

Can an Exchange Visitor Change His/Her Visa Status?

The law states that those J Exchange Visitors who are subject to the Two-Year Home Country Residence Requirement are not eligible to change their non-immigration status from J to permanent residence, F, H, M, and most other non-immigration visa statuses within the United States. However, J Exchange Visitors subject to the two-year residence requirement are eligible to leave the United States and apply for visas to return as tourists, or on business, or as F-1 students. The usual visa requirements must be met.

 

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Health Insurance Requirements

Every Exchange Visitor (both J-1 and J-2) is required to obtain Health Insurance which meets the minimum requirements specified by the U.S. Department of State. This insurance must be maintained throughout the program period on your Form DS-2019.  The Exchange Visitor must prove that they have insurance that meets federal requirements when they inprocess at the Office of International Programs.

• Minimum Coverage: Insurance shall cover:

1. Medical benefits of at least $50,000 per person per accident or illness.

2. Repatriation of remains in the amount of $7,500.

3. Expenses associated with medical evacuation in the amount of $10,000.

• Additional Terms: A policy secured to fulfill the insurance requirements shall not have a deductible that exceeds $500 per accident or illness.

• Maintenance of Insurance: Willful failure on the part of the Exchange Visitor to maintain the required insurance will result in the termination of the Exchange Visitor Program of the individual(s) in question.

Non-Benefited International Scholars: The UND Office of International Programs has applications for Health Insurance through Student Assurance Services, offered by Vaaler Insurance Inc. in Grand Forks, that meets the requirements of the U.S. Department of State. The current cost of Health Insurance for a J-1 Scholar is $900.00 ($75 per month) for the 2007-2008 Academic Year. As for dependents, the cost of Health Insurance for a J-2 Spouse is $2,688.00 ($224 per month) and J-2 Child(ren) is $1,932.00 ($161 per month).  You can discuss insurance options with Vaaler Insurance Inc. at (701) 746-4112.

OR

Benefited International Scholars: Some Exchange Visitors will be fully benefited employees at the University of North Dakota. In that case, the Exchange Visitor will be required to purchase Medical Evacuation and Repatriation Insurance from International SOS Inc. to meet U.S. Department of State regulations. The current annual cost of this insurance is:

• $68 (Annual) or $54 (6 Months) for J-1 Visitor only
• $130 (Annual) or $100 (6 Months) for J-1 Visitor and Spouse
• $130 (Annual) or $100 (6 Months) for J-1 Visitor and Child
• $200 (Annual) or $160 (6 Months) for J-1 and Family

The above insurance is available from the SOS Visitor USA Medical Evacuation and Repatriation Program offered by International SOS Inc.  You can find information about this insurance as well as pay for this insurance online at www.internationalsos.com/visitorusa. 

 

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Requesting a J-1 Visa for an International Scholar

The University of North Dakota sponsors Professors, Research Scholars, and Short-Term Scholars. Department Chairs or Directors of Schools belonging to the University of North Dakota can request the initiation of a J-1 program for a visiting scholar by contacting the UND Associate Director of International Programs. The chair/director will need to make a formal request in writing. You can contact the Associate Director at:

Office of International Programs

International Scholar Services

Attn: Dr. William Young

2908 University Avenue

International Centre, Stop 7109

University of North Dakota

Grand Forks, ND 58202-7109

Telephone: (701) 777-3935

The Office of International Programs (OIP) charges a $100 Processing Fee for each J-1 Exchange Visitor.  This is a one-time (non-refundable) fee.  The Department is responsible for making sure that this fee is paid before the OIP processes the exchange visitor request.

After receiving the fee, the OIP will respond to the request by providing the chair/director with a form requesting certain information that is required to produce a Form DS-2019.

Once this completed form is returned, the OIP will create a SEVIS Form DS-2019 through the U.S. Citizenship and Immigration Service’s (USCIS) Student and Exchange Visitor Information System (SEVIS). The OIP will provide the chair/director with the following:

• Welcome letter from the UND Office of International Programs to the J-1 Exchange Visitor.

• A copy of the U.S. Department of State’s The Exchange Visitor Program Welcome Brochure.

• An Instruction Sheet that outlines the procedures the Exchange Visitor needs to follow to obtain a J-1 (and J-2 dependent) visas from an U.S. Embassy or Consulate abroad.

• The SEVIS Form DS-2019 Certificate of Eligibility for Exchange Visitor (J-1) Status, which is required for the application of a J-1 (and J-2 dependent) visas at an U.S. Embassy or Consulate abroad.

• Note: A Canadian does not need a visa stamp in his or her passport. A Canadian is only required to show his or her Form DS-2019 at the Port of Entry to obtain status as a J-1 Exchange Visitor.

• Instructions for paying the mandatory $180.00 SEVIS Fee to the U.S. Department of Homeland Security.

      

Once the Exchange Visitor receives the above documents from the chair/director, he or she needs to pay the SEVIS fee, and then make an appointment with the nearest U.S. Embassy or Consulate in his or her country. The Embassy/Consulate will process the J-1 visa request. Therefore, the Exchange Visitor should ask the Embassy/ Consulate about the procedures involved in obtaining the J-1 (and J-2 dependent) visas. The following are some of the documents the Exchange Visitor will need to take the his or her appointment at the Embassy/Consulate:

• Current passport (Must be valid for at least 6 months into the future)

• Proof of SEVIS fee payment to the Department of Homeland Security

• SEVIS Form DS-2019

• Evidence of financial ability to meet expenses at UND

• Evidence of English ability sufficient for the exchange program. The consular officer will determine whether the applicant has sufficient knowledge of the English language to permit him or her to undertake the particular program.

• Evidence of residence abroad and intent to depart the United States after the completion of the exchange program. The applicant for a J-1 visa must establish to the satisfaction of the consular officer that he or she has a residence abroad which he or she has no intention of abandoning.

• Photographs

If the application for a J-1 visa is approved, the consular officer will stamp the visa in the Exchange Visitor’s passport. The consular officer will also note the period of validity and the number of entries for which the visa is valid. Moreover, the consular officer will note whether or not the Exchange Visitor is subject to the Two-Year Home Country Physical Presence Requirement. The consular officer will then return the Form DS-2019 to the Exchange Visitor.

 

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Arrival in United States and In-Processing at Office of International Programs

Upon the arrival of the J-1 Exchange Visitor at a Port of Entry in the United States, the individual will need to present his or her passport, visa, and the Form DS-2019 to the immigration inspector.

If the individual is admitted into the United States, the immigration inspector will the DS-2019 and return the DS-2019 to the Exchange Visitor. The inspector will issue the J-1 visitor a Form I-94 (Arrival-Departure Card). This small, white card will indicate the date and place of admission to the United States, the J-1 visa classification, and the date to which the J-1 stay is authorized. The inspector should staple this card to Exchange Visitor’s passport, usually on the page opposite of the entry visa.

Upon your arrival in Grand Forks, the J-1 Exchange Visitor must make an appointment with the UND Associate Director of International Programs. The Exchange Visitor must in-process with the Associate Director no more than 30 days past the program start date listed on the Form DS-2019. The J-1 visitor must bring the following documents to this meeting:

• Form DS-2019

• Current passport of J-1 and any J-2 dependents (which contain J-1 and J-2 visas)

• Current Form I-94 of J-1 visitor and any J-2 dependents

• Proof of Health Insurance that meeting U.S. Department of State regulations (This insurance can be purchased at the Office of International Programs)

The Associate Director of International Programs will provide the Exchange Visitor a brief immigration orientation. The Associate Director will brief the individual concerning:

• Maintenance of J-1/J-2 Exchange Visitor Status

• Employment Issues

• Health Insurance Issues

• USCIS requirements concerning address changes

• Exchange Program Extension of Stay possibilities/procedures

• Social Security

• Thirty-Day Grace Period

 

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Maintenance of Exchange Visitor Status

The Exchange Visitor must adhere to the following requirements to maintain his or her visa status while at the University of North Dakota.

1. Maintain the following required documentation:

• Valid SEVIS Form DS-2019

• Valid passport

• Form I-94 marked D/S (Duration of Status)

2. Engage in appropriate activities. Each category of J-1 visitor has a definition and expectations for the activities of the Exchange Visitor, which must be met. For example, a Research Scholar is here to research, and a Professor is here to teach.

3. Be employed only with authorization. See “Regulations for J-1 Professors and Research Scholars” and “Regulations for J-1 Short-Term Scholars.”

4. Carry health insurance at all times for self and J-2 dependents. See “Health Insurance Requirements.”

5. Keep records up-to-date. The Exchange Visitor must inform the UND Associate Director of International Programs if he or she changes their local address or telephone number.

 

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Extension of Stay

The UND Associate Director of International Programs will process of Extension of Stay for a J-1 Exchange Visitor if the following conditions are met:

• The Exchange Visitor’s program has not yet expired.

• A J-1 Professor or Research Scholar’s exchange program does not extend beyond the five year cumulative total.

• A J-1 Short-Term Scholar’s exchange program does not extend beyond 6 months.

• The department chair or school director requests the Extension of Stay in writing.

The Associate Director of International Programs will issue the Exchange Visitor a new SEVIS Form DS-2019 showing the extension of the program.

 

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Travel Abroad and Reentering the United States

If the Exchange Visitor wishes to travel to his or her country of citizenship or permanent residence, a valid passport or travel document will ensure entry.

Visas may be necessary for travel to another country. Those wishing to visit other countries should contact the consulate or embassy of that country to be visited to determine what documents are necessary for entry.

If the Exchange Visitor makes a temporary visit outside the United States, the individual must have the following documents in order to reenter the U.S. in Exchange Visitor status:

• Valid passport and visa (unless exempt from passport and visa requirements)

• Valid SEVIS Form DS-2019. The form must be validated (signed) by the Associate Director of International Programs or an Alternate Responsible Officer before visits to another country.

• If the J-1/J-2 visa is no longer valid, or if the number of authorized entries has already been used, the individual must apply to a U.S. Consulate or Embassy outside the United States for a new visa or revalidation of the old visa. See below about automatic extension of visa validity.

 

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Automatic Extension of Visa Validity

An Exchange Visitor visa may be considered automatically revalidated upon application for readmission to the United States (in other words, the individual may re-enter the U.S. with an expired U.S. visa) provided the following circumstances prevail:

1. The individual applying for readmission to the United States after a temporary absence of not more than 30 days during which time the individual has been “solely in contiguous territory or adjacent islands other than Cuba” (Canada, Mexico, or the Caribbean islands other than Cuba).

2. The individual has maintained and intends to resume status as an Exchange Visitor, and the individual’s previously authorized stay is valid at the time of reentry.

3. The individual must be able to present a current Form I-94 and recently signed Form DS-2019.

4. The individual has a valid passport.

 

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Aliens Exempt from Passport and Visa Requirements

Exchange Visitors who are exempt from passport and visa requirements need to have only a valid and current Form DS-2019 to reenter the United States after a temporary absence outside the country. The individual will also have a Form I-94. The Exchange Visitor is not required to give up his or her Form I-94 when visiting Canada, Mexico, or adjacent islands.

 

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Transfer to a Different Exchange Visitor Program

An Exchange Visitor may transfer from one sponsor to another. However, the J-1 visitor must be released by the first sponsor as required by U.S. Department of State regulations. A transfer must be clearly consistent with the intent and purpose of the original program objective. Moreover, the visitor can only accomplish a transfer if he or she remains with the same program category (i.e. Professor, Research Scholar, or Short-Term Scholar). A transfer does not extend the length of time of the maximum program duration of the category. The transfer is completed through the Student and Exchange Visitor Information System.

 

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Applying for A Waiver to The Two-Year Home Country Physical Presence Requirement

See the U.S. Department of State's website http://travel.state.gov/visa/temp/info/info_1296.html for information regarding eligibility, costs, waiting times, and application procedures.

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