J-1 Exchange Visitors

Transcription

1 J-1 Exchange Visitors February13, 2015 Ilana J. Drummond & Atessa Chehrazi Roadmap Purpose of J-1 Visa, Common J-1 Categories Working with the Program Sponsor Training Plan Manager & Exchange Visitor Obligations Two Year Home Country Return Requirement Purpose of J-1 Visa Category International exchange through training, study, meetings, research collaboration, etc. Not productive employment Foreign national must have nonimmigrant intent (intend to return home after visit) Benefits of exchange to be shared with home country, to further U.S. international relations. 1

2 J-1 Exchange Visitor Categories Trainees: must have either: foreign post-secondary degree & 1 year experience or 5 years experience in the field. Maximum duration: 18 months If previous trainee participant, 2 year bar on repeat Interns: must be either: currently enrolled in or have graduated from a foreign post-secondary institution within 12 months of application. Maximum duration: 12 months Repeat programs up to maximum ok Research Scholars: higher level research activities. Not required but typically Masters or PhD level applicants. Maximum duration: 5 years If previous research scholar participant, 2 year bar The Players U.S. Department of State (DOS): responsible for J-1 visa category Immigration & Customs Enforcement (ICE): Student & Exchange Visitor Info System (SEVIS) J-1 Program sponsor: Entity authorized by DOS to administer J-1 rules, monitor programs, report Host institution (Alcatel-Lucent, Bell Labs): provides detailed description of training, confirms compliance with J-1 host obligations J-1 exchange visitor (individual foreign national): comply with status & program requirements Process for securing a J-1 Visa Submit application to program sponsor; for interns &trainees, includes Form DS-7002 training program. If application is complete and acceptable, program sponsor issues Form DS 2019 (J-1 sponsor form). Applicant pays SEVIS fee, submits Form DS 160 electronic visa application to US consulate 2

3 Working with the Program Sponsor Program sponsors exist for different types of J-1 Complete list is on DOS website at: Alcatel-Lucent/Bell Labs has worked with Cultural Vistas, Inc. (CVI) Keep track of timeline! Be aware of costs! Training plan Brief description of trainee/intern s role for this program/phase : New phase every 6 month period, can be general Goals and objectives/knowledge, skills or techniques for this program/phase : Detail! Each phase description to build on prior one. Address what will be learned, U.S. cultural activities. Methods of supervision Provide name and title of supervisor, years with company, years of industry experience Methods of evaluation Describe frequency of meetings, progress review Host/Manager Obligations Comply with all labor/wage laws including Workers Comp Insurance (unless exempted) Minimum 32 hours per week Continuous on-site supervision Confirm sufficient plant, equipment, personnel dedicated to training program Confirm not misusing J-1 program not for recruiting and training regular workers not to displace US workers, fill a labor need 3

4 Obligations After Placement Complete mid-term and final evaluations Notify, get approval from CVI of changes: location, program length, wages, supervisor Do not encourage/assist visitor to stay beyond permitted period, or change of status Extensions up to maximum term permitted Report dismissal/resignation Report if arrest or even if visitor may cause embarrassment or disgrace (immoral activity) Exchange Visitor Obligations Demonstrate recent non-u.s. experience in the field Demonstrate nonimmigrant intent Complications if in U.S. in another status Document English language via test results or coordinate with CVI for English language interview Document financial support (self/host/government) Submit complete timely application Online submission for exchange visitor Host company application via /mail Obligations, cont d Host and visitor are responsible for minimum insurance coverage: Medical benefits $50,000 per accident or illness (goes up to $100k as of May 15, 2015) Repatriation of remains $7,500 Medical evacuation expense $10,000 Deductible not + $500 per accident/illness Requirement extends to J-2 spouses CVI requires purchase of their coverage Host to notify CVI if emergency, threat to safety 4

5 EV Obligations After Placement Admission: Enter U.S. within 30 days of start date Notify CVI of U.S. arrival/address within 10 days Travel: Must apply for travel validation on DS-2019 from CVI with explanatory note, before international travel Exception: Canada, Mexico, adjacent island <30 days Notify CVI of change of address within 10 days Departure: Depart within 30 days of end date, 10 days if term Submit end of exchange program report to CVI Two Year Home Country Return Exchange visitor may become subject to 2-year home country residence requirement Nationality ( DOS skills list ) Government/international organization funding Waiver possible in some cases Non-objection of home country usually required Until waiver or compliance with this requirement: Not eligible for H-1B, L-1, or permanent residency Not eligible for change of status Potential issues for future U.S. hire (different job) Thank you for participating! 5