J-1 ScholarTRAINING

Tulane University Office of International Students & Scholars

What is a J-1?

J-1 is the designation for a type of US Non-Immigrant Visa issued to participants in a variety of programs overseen by the US State Department.

Spouses and dependents of a J-1 visa holder are eligible for J-2 visas, which allow them to accompany the J-1 to the United States.

The U.S. Exchange Visitor Program provides foreign nationals with opportunities to participate in educational and cultural programs in the United States with the idea that at the end of the program they will return home to share their experiences..  The J-1 Exchange Visitor Program is administered by the United States Department of State, which is charged with facilitating program activities by designating public and private entities to act as sponsors. Tulane University has been designated by the Department of State to sponsor certain specific activities under the Exchange Visitor Program.

The Exchange Visitor Program:The Basics

J-1 Exchange Visitor Program Categories

There are 20 Categories of J-1 visas. Tulane University is authorized to sponsor individuals in the following Program Categories:

 

• Short Term Scholar: Professors, research scholars or persons with similar education or accomplishments who may come to the U.S. on a short term collaborative visit for the purpose of lecturing, observing, consulting, researching, training or demonstrating specials skills. Short Term Scholars programs have a maximum length of six months.

 

• Professor: Individuals primarily teaching, lecturing, observing or consulting. A professor may also conduct research but the primary function should be teaching. Professors may remain for the length of time necessary to complete a specified teaching objective, not to exceed 5 years.

 

• Research Scholar: Individuals primarily conducting research, observing or consulting in connection with a project. A research scholar may also teach but the primary function should be to conduct research. Research Scholars may remain for the length of time necessary to complete a specified research objective, not to exceed 5 years.

 

• College & University Students: Individuals admitted to a degree program at an accredited educational institution for a full course of study or engaged full time in a nondegree (exchange students) prescribed course of study. Degree seeking students must remain enrolled full-time and make progress toward his or her academic objective. There is no regulatory limit on the time the student is permitted to remain in the United States, provided that the student always maintains a valid unexpired Form DS-2019, and complies with the terms and conditions of J-1 status. Nondegree students can participate in a program for no more than 24 months.

J-1 Research Scholar/Professor Visa Process

After completing the appointment process through the offices of the

Dean and Provost, the sponsoring

Dept. submits DS-2019 request form,

offer letter, passport & resume

OISS submits information

for DS-2019 to SEVIS

OISS Downloads & Print DS-2019from SEVIS

OISS Notifies & Sends DS-2019 to Exchange Visitor

Exchange Visitor pays

online SEVIS fee $180

Exchange Visitor schedules appointment with US Embassy For J-

1 visa interview

Mandatory Orientation with OISS &

checking in with sponsoring Department

Requirements For J-1 Visa

Professors, Short Term Scholars and Research Scholars are eligible to participate in the Exchange Visitor Program if:

  The exchange visitor’s appointment to the position is temporary, even if

the position itself is permanent;

The exchange visitor will not be a candidate for a tenure track position

The exchange visitor is expected to have at least a bachelor's degree with appropriate experience in the field of endeavor.

All J-1 exchange visitors and their J-2 dependents are required, by law, to have medical insurance at all times while participating in the J-1 program. Tulane policy requires that all J visa holders coming to Tulane purchase health insurance through Tulane or receive a waiver of this obligation.

Department and OISS Responsibilities

Departments interested in hosting an Exchange Visitor are responsible for submitting a completed DS-2019 Request form to OISS in a timely manner. OISS will not issue a DS-2019 without a completed Request Form.

Once the DS-2019 Request form is received, OISS will review all of the submitted material to ensure the individual is eligible for a J-1 visa and is in compliance with Federal Regulations.

OISS will generate the DS-2019 and mail the form, along with a welcome letter, directly to the Exchange Visitor.

In Addition:

The Departments are responsible for assisting the scholar in all manners of acclimating to a new country, culture, and language including but not limited to: getting a Splash Card, TU email account, housing, settling in, and setting up services, acquiring insurance, etc.

The OISS is responsible for all things related to the scholar’s immigration status as well as for maintaining communication about immigration responsibilities. OISS also organizes cultural programming to uphold the cultural exchange component of the J visa program.

How to Request a DS-2019 Form

All foreign nationals seeking to enter the US in J-1 status must have a record, containing certain information, entered into the SEVIS database. The SEVIS database is controlled by the U.S. Department of Homeland Security and issues the form DS-2019 that allows the individuals to apply for a J-1 visa. The DS-2019 will serve as evidence of his/her legal visa status while in the US.

The DS-2019 serves as written authorization for the foreign national to pursue a specific program in the US within the parameters listed on the document.

The DS-2019 Request form provides OISS with all of the information required to process the DS-2019 form. The DS-2019 Request Form is available on the following website: http://global.tulane.edu/oiss/departments.html

Elements of the DS-2019 Request Form

Personal information - Last name, First name, Middle Name- Date of Birth- Gender- City of Birth- Country of Birth- Country of Citizenship- Country of Legal Permanent Residence- Present or Former position/employment sector in country of permanent residence

Program Information- Program dates - Brief description of Program Activities- Title of Position at Tulane University- Requesting Department- Banner ID number

Financial Information - Funds from Tulane University (including grants awarded to Tulane)- Funds from another source (Specify other source of funding)

Additional Documentation Required- Photocopy of passport information page- Copies of all previous U.S. visas or immigration documents, if applicable- Copy of CV/Resume for Exchange Visitor- Copy of Department Invitation/Offer Letter

How the Exchange Visitor Obtains J-1 Visa Status: Step-by-Step

• The Exchange Visitor is required to pay the SEVIS I-901 Fee and schedule an appointment with the US Embassy or Consulate for a visa interview

• At the interview, a US consular officer will decide whether to issue a J-1 visa or deny the application. The Exchange Visitor may be subject to additional security checks, which can delay his/her entry into the U.S. If approved, the J-1 visa stamp will be placed in the EV’s passport.

• When the Exchange Visitor first arrives at a port of entry into the US, they will have to present a passport with a valid J-1 visa stamp and a valid DS-2019 form to the immigration officer, who will then decide whether to admit the individual.

• After admission, exchange visitor should print out their entry document at www.cbp.gov/i94

• When the Exchange Visitor arrives at Tulane, he/she must check in with OISS immediately. Upon checking-in, the Exchange Visitor will be provided with an orientation and his/her immigration record will be activated in the SEVIS System. The exchange visitor will also finalize arrangements to purchase TU health insurance.

How to Maintain J-1 visa Status

In order to maintain legal J-1 status, Exchange Visitor must:

• Engage only in activities permitted under the program and the category identified on Form DS-2019;

• File timely and appropriate extension and/or transfer notifications;• Refrain from unauthorized employment, and ;• Maintain required health insurance coverage Criminal activity

• Exchange Visitors are required to obey all federal, state, and local laws. Commission or conviction of certain crimes may have an impact on the Exchange Visitor’s immigration status.

The hosting department must notify OISS in the event the Exchange Visitor:

• Completes the program prior to the end date listed on the DS-2019;• Changes his /her subject or field;• Experiences a change in finances or financial support;• Resigns from his/her position at Tulane University

212(e) Two Year Home Country Physical Presence Requirement“No Brain Drain”

In order to provide exchange opportunities for scholars without draining countries of the needed expertise that these scholars hold, the US enacted a law, section 212(e) of the Immigration and Nationality Act. Section 212(e) says that certain J-Scholars are subject to a two-year home country residence requirement. They must "reside and be physically present" in their "home" country for an aggregate of two years before being eligible for a work visa or legal permanent residence.

There are three grounds on which an exchange visitor can become subject to 212(e):

• If the exchange visitor was financed, directly or indirectly, by the United States government

or a foreign government;

• If the skills that the exchange visitor is coming to develop or exercise are in a field which

the exchange visitor's "home" government requested be included on the State Department

Exchange Visitor skills list ;

• The exchange visitor comes to the United States to receive "graduate medical education or

training."

While they are subject to 212(e), aliens are ineligible for the following benefits:

• They are not eligible for an immigrant visa or for adjustment of status to lawful permanent

resident (immigrant/green card) status;

• They are not eligible for an H , L , K visas;

• They are not eligible to change their nonimmigrant status within the United States from J to

any other nonimmigrant category except A, G, or U visa statuses.

212(e) Two Year Home Country Physical Presence Requirement Continued…

Exchange Visitors who are subject to 212(e) can fulfill the requirement in one of two ways:

• Spend two years physically present in the country of his/her last permanent legal residence

• Receive a waiver from the U.S. Department of State

The Waiver is a personal application that the Exchange Visitor is responsible for. OISS does not advise Exchange Visitors on how to apply for or receive a waiver of 212(e) .

If the waiver is approved, the Exchange Visitor is no longer eligible for the benefits of the J-1 visa program, including program extensions.