J-1 Scholar Overview for F-1 Advisors. Global Affairs, Services for International Students & Scholars (SISS) UC Davis

Transcription

1 J-1 Scholar Overview for F-1 Advisors Global Affairs, Services for International Students & Scholars (SISS) UC Davis

2 Presenters Simone Kueltz Assistant Director, International Scholar Services PH: Mary Clabaugh J-1 Scholar Advisor PH: Global Affairs, Services for International Students and Scholars, University of California, Davis siss.ucdavis.edu 2

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 Special issues for change from J student to J scholar and vice versa 3

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. 4

5 J-1 & J-2 Documents Passport DS-2019 J-1/J-2 Visa Stamp (issued by US embassy abroad, may expire while in the US) I-94 (issued by DHS at port-of-entry or on I-797 change of status notice) J-2 dependents need a valid EAD (Employment Authorization Document) to be employed. 5

6 Biographical info J-1 For SEVIS ID Program dates Designated J category Port of entry stamp US Consular annotation Travel signature space 6

7 Electronic I-94 7

8 J-1 Visa Sample Visa Type Number of entries Visa expiration date 8

9 Most Common J-1 Scholar Categories Used at Universities Research Scholar Professor Short-Term Scholar Specialist 9

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 and function in daily life Must have health care coverage that meets regulatory minimum 10

11 J Scholar Categories Differences Minimum length of program Maximum length of program Activities permitted Bars/waiting times between J programs Benefits (incidental employment) 11

12 J-1 Research Scholar/Professor Duration of stay: 3 weeks to 5 years Activities: teaching, research, observing, consulting Who is eligible? Must have at least Bachelor s degree 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 12

13 Other J-1 Scholar Categories J-1 Short-Term Scholar (minimum Bachelor s degree) Duration: up to 6 months Appropriate if: lecture, observe, research less than 3-weeks visit no extension beyond the 6-month limit desired J-1 Specialist (no Bachelor s degree required) Duration: 3 weeks to 1 year Appropriate if: expert in field observe, consult or demonstrate special knowledge or skills (not for research or teaching) no extension beyond the 1-year limit desired 13

14 Activities Allowed for J-1 Scholars Work In general, J-1 Scholars may only be paid by their program sponsor and/or the entity listed on the DS-2019 (third party). J-1 professors and research scholars may be approved for incidental employment by their program sponsor (next slide). Study J-1 scholars are allowed to enroll in classes on a part-time basis. Part-time coursework is defined by each institution (at UCD, it equals no more than 8 units). Scholars should get approval from their international scholar advisor before enrolling in classes. Policies and procedures vary among universities. 14

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, such as consultations, at a site other than the one listed on the DS Authorization from the J-1 program sponsor is required in writing and in advance of employment start date. SEVIS update is necessary. 15

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 K, 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. 16

17 J-1 Visa Sample 2- year home residency requirement 17

18 Can the 212(e) Requirement be Waived? The Exchange Visitor Skills List is on the Department of State (DOS) website: Waiver is the scholar s responsibility 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 18

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. 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 wanting to become J-1 student if COS timing issue 19

20 Cont.: J-1 Scholar to J-1 Student Change of category is rarely approved by Dept. of State Advice: scholar must apply for J-1 student visa at a US embassy back home Change of status from J-1 to J-2 and vice versa will be processed by USCIS 20

21 Visa Options for J Scholar Dependents/Partners For J-1 married to spouse and for children under 21 years old: J-2 dependent status is used If J-1 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)

22 B-2 Option for 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 22

23 Activities Allowed for J-2 Dependents Study J-2 dependents are allowed to study full-or part-time without change of status. J-2 status ends when J-1 status ends, which may not be in line with academic calendar. J-2 students cannot work on campus without an EAD (Employment Authorization Document). Work J-2 dependents are allowed to apply for an EAD, USCIS processing takes 3 months or longer EAD allows work for any employer until EAD expires or J- 2 status ends, whichever comes first Volunteer activity that is typically volunteer (e.g. Red Cross, Candy Striper, etc.) is ok; otherwise, a work permit is recommended even for nonpaid employment. 23

24 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) When is F-1 status required? J-2 child turning 21 has to leave US or apply for change of status before 21 st birthday (COS if not subject to 212e) J-1 status and therefore J-2 s status expires prior to end of studies OPT considerations 24

25 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 212e (but not all); If change of status is pending, applicant is legal to stay in US after previous status expires but needs USCIS J status approval notice to start J program and receive payments. 25

26 General Tips for Change of Status from F to J scholar and Timing the Petition File at least 6 months in advance of J start date (travel might be better in some cases); 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 $370 26

27 Cont.: J-1 Student to J-1 Scholar No change of category possible, must apply for scholar visa at US embassy Caution: 12-month bar could apply to J scholar program, if in student status for more than 6 months 27

28 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 by J program sponsor (research/teaching should be the objective of the visit; not primarily a program of study) *Authorized to work for J program sponsor only *Incidental employment authorization could allow for work outside of program sponsor as independent contractor (will need sponsor authorization letter) * Only if not subject to the 2-year home residence requirement (212e) *If subject: may apply for F-1 visa at US embassy in home country J-2 dependent (spouse, child under 21) *Part-or full-time study *Only with employment authorization document (EAD) from USCIS, not to exceed J-1 scholar s program time * Only if not subject to the 2-year home residence requirement (212e) * If subject: may apply for F-1 visa at US embassy in home country Pending change of status from F-1 student to J-1 scholar N/A *Only with J status approval notice and only after J program start date has arrived N/A Pending change of status from J-1 scholar to F-1 student *Can take classes while pending but only eligible for student status benefits after F-1 status approval *Only after F-1 status approval & according to student regulations N/A 28

29 Helpful Websites Department of Homeland Security (DHS) U.S. Citizenship & Immigration Services (USCIS) 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 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 Fact Sheets about the J-1 and DMV, social security, etc. 29

30 Helpful Websites Department of State (DOS) Exchange Visitor Program All the basic information about J-1 and J-2 visas. Department of State Exchange Visitor Program Comprehensive overview of J-1 Exchange Visitor Program. Department of State J-1 Waiver Page Comprehensive information on what it is to be subject to 212e and how to get a waiver. Department of State Visa Wait Times 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. 30

31 Final Thoughts Questions? 31

32 Thank you for attending our conference session! 32