J1 EXCHANGE VISITOR
"A primary purpose of the Exchange Visitor Program is to foster the exchange of ideas between Americans and foreign nationals and to stimulate international collaborative teaching and research efforts. The exchange of professors and research scholars promotes interchange, mutual enrichment, and linkages between research and educational institutions in the United States and foreign countries."
A J-1 Exchange Visitor may be supported by an organization or institution in the foreign country, by the foreign government, by personal funds, by an organization or institution in the U.S. that facilitates international exchange, or by this university. A J-1 visitor must have a specific objective stated on his immigration documents, and that objective may not change, even if he or she changes from one institution to another.
J-1 CATEGORIES
Short-Term Scholar:
Objectives can be to lecture, observe, consult, and participate in seminars, workshops, conferences, study tours, professional meetings, or similar types of educational and professional activities. Short-term scholars may NOT change their status. They are limited to 6-months and MAY NOT extend their stay in the U.S.
Research Scholars/Visiting Professors:
Objectives can be to observe, consult, perform research, or to teach University courses. Visiting Research Scholars and Professors may stay in the U.S. up to a total of
5 years, which includes transfers between exchange visitor programs. They may not change their objective in the U.S. For example: if a scholar came to conduct research in Electrical Engineering, he/she may not change their objective to conduct research in Marine Biology. A **J-1 visiting professor may only be in a visiting faculty position - they may not be a candidate for tenure but may temporarily take the place of someone who is a candidate for tenure.
Incidental Employment - Occasional lectures or consultations
Professors and research scholars may participate in occasional lectures and short-term consultations, unless disallowed by the sponsor. These lectures or consultations must be incidental to the exchange visitor's primary program activities. The occasional lectures or short-term consultations shall:
- Be directly related to the objectives of the exchange visitor's program
- Be incidental to the exchange visitor's primary program activities; and
- Not delay the completion date of the visitor's program.
The exchange visitor must obtain authorization from International Services to engage in incidental employment involving wages or other remuneration. He/She shall present:
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A letter from the requesting institution stating the terms and conditions of the offer to lecture or consult, including the duration, number of hours, field or subject, amount of compensation, and description of such activity; and
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A letter from his/her department head or supervisor recommending such activity and explaining how it would enhance the exchange visitor's program.
International Services will review the letters and make a written determination as to whether such activity is warranted and satisfies the criteria listed above.
Changes of Category
At the discretion of IFSS, visiting professors may freely engage in research, and research scholars may freely engage in teaching and lecturing, unless disallowed by the sponsor. Any other change in category (i.e.: student) has to be approved by the Department of State.
Two-Year Home country Residence Requirement
Many exchange visitors are subject to what is known as the
two-year home country residence requirement
because of their J-1 status. This means that upon completion of the J-1 program in the U.S., the J-1 must return to their home country for at least 2 years before they are eligible to change to an H-1B or apply for permanent residence. J-1's can be subject to this requirement for 3 reasons:
- Government financing (either foreign or U.S.)
- Exchange Visitor Skills List (list of critically needed skills by home country)
- Foreign medical training
The U.S. Department of State (DOS) in Washington, D.C makes all final determinations regarding the two-year home residence requirement. It is sometimes possible to obtain a waiver of this requirement so that the exchange visitor does not have to spend the 2 years in his or her home country. It is the responsibility of the J-1 Exchange Visitor to apply for his or her own waiver. The DOS website discusses the waiver process. Visit
http://travel.state.gov/
for more information on waivers and for the datasheet required to begin the waiver process.
Employment Of J-1 Dependents (J-2s)
A dependent with J-2 status may work only upon obtaining
employment authorization
from INS. The authorization will be granted for the duration of the J-1's program, and may be extended if the J-1's permission to stay is also extended. Once granted, the J-2 may work for any employer, and should provide a copy of the
Employment Authorization Card (EAC)
to that employer. A J-2 dependent must apply by mail to the INS regional service center to receive employment authorization. This process will take 3-4 months, and the J-2 dependent may not begin employment until the EAC is received. If a J-2 applies for a subsequent EAC based the extended stay of the J-1 visitor, he or she is advised to do so well in advance of the expiration date of the current card. If the new card is not received before the expiration date of the initial EAC, the J-2 may not continue employment while waiting for the new card.
DOCUMENTS TO SUBMIT WHEN REQUESTING AN DS-2019 FOR A J-1 VISITOR
PROCEDURE FOR ISSUANCE OF DS-2019 AND FOR OBTAINING J-1 STATUS
Upon submission by the department to IFSS of the required documents requesting the DS-2019, IFSS will process, execute, and issue the Form DS-2019. Said form will be sent to the foreign national at the address provided by the hiring department. The hiring department
must provide IFSS
with an international airbill for an express mail service.
Otherwise, IFSS will not be able to send the DS-2019 to the foreign national
.
If foreign national is outside the United States he/she will have to go to the United States Consulate with the DS-2019 in order to secure the J-1 visa. Please visit our HEIGHTENED SECURITY ADVISORY recommendation.
If the foreign national is presently on a J-1 program at another institution in the United States he/she may be able to transfer the program to TAMU. The current institution must transfer out the Exchange Visitor in SEVIS (Student Exchange Visitor Information System). TAMU is then able to transfer in the Exchange Visitor. The transfer must be coordinated by IFSS and the office of the Exchange Visitors current institution. Please contact IFSS and ask to speak with a J-1 specialist in order to commence the transfer procedures.
Before submitting any paper work to IFSS read carefully
Instructions Concerning General Petition Processing Procedures
COMPLETING THE J-1 PROGRAM
When the foreign national has completed his/her J-1 program or if he/she decides to depart earlier than planned, it is critical that IFSS is informed. The hosting department must submit a
Departure Notification
form to our office with information about the departure. When the foreign national leaves his/her SEVIS records will become inactive. As a result, the foreign national will not be authorized to continue the J-1 program with Texas A&M University nor will you be authorized to transfer to another J-1 program.
