Immigration Regulations for J-1 Visa Holders

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Rolf Robbins
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1 Immigration Regulations for J-1 Visa Holders Welcome to Wheaton College! As a newcomer to the community, there are many things to learn about Wheaton, your academic department, the Greater Boston area, and U.S. culture. As a J-1 exchange visitor attending a U.S. education institution, you are also responsible for knowing and complying with the J-1 immigration regulations. The immigration regulations are administered by the U.S. Department of State and the Immigration and Naturalization Service (INS). It is important for you to understand the immigration regulations. The Department of State does not consider ignorance of the law a legitimate reason for failing to obey it. This booklet is designed to assist you with your awareness of and compliance with the rules that govern those in J-1 and J-2 (dependents) status. Know your Responsible Officer and Alternate Responsible Officers Each sponsoring agency has a Responsible Officer (RO) and in some cases, several Alternate Responsible Officers (ARO). The RO and AROs are thoroughly familiar with the J-1 regulations. As RO and AROs, they can also assist you with traveling outside the United States, employment authorizations, extension of stay, etc. If you are sponsored by Wheaton College, this will be stated in item #2 of your DS At Wheaton College, the RO can be found at the Center for Global Education. If you are sponsored by an agency other than Wheaton College, you should contact your agency directly to find out the name of the RO and ARO. For more information, please contact: Harvey Charles, Ph.D. Dean, Center for Global Education Wheaton College Norton, MA Phone: Fax: hcharles@wheatonma.edu Web:

2 Know your Immigration Documents Passport An exchange visitor subject to passport requirements must obtain one and maintain its validity at all times while in the U.S. If the passport will expire before the end of the period of stay, it is the students responsibility to contact the Consulate or Embassy of his or her country to have the passport extended or renewed. You can find contact information for your home country Consulate and Embassy in the United States at this Web address: Passport renewals generally require several weeks. Enough time should be allowed to complete this process before the passport s expiration. Remaining in the United States with an expired passport is illegal and subjects you to deportation. Visa The visa authorizes the bearer to apply for admission to the United States n(at a U.S. port of entry) for a specific purpose and period of time. The spouse and children of a J-1 exchange visitor will be assigned J-2 visas. Since the visa is only important for entry or re-entry to the U.S., the visa may expire while the exchange visitor is in the United States. If the exchange visitor plans to travel outside the United States with an expired visa, contact the Center for Global Education prior to departure to obtain the necessary documents so that the exchange visitor can apply for a new visa outside the U.S. for reentry. Form I-94 (Arrival/Departure Record) The I-94 shows that you have been admitted to the United States. The I-94 is usually stapled onto the U.S. visa page or entry stamp page of your passport. It contains an eleven-digit identifying number (sometimes known as the admission number) the Immigration and Naturalization Service uses to track the exchange visitor s arrival and departure from the U.S. The exchange visitor should have D/S (duration of status) written on the I-94, which means that you are admitted for the length of your program plus 30 days of grace period. DS-2019 (formerly known as IAP-66) This is the certificate of eligibility for J-1 exchange visitors. Please refer to Item #3 of the DS-2019 for the end date of your program. If you plan on staying past this date, you are responsible for applying for an extension with the Responsible Officer of your program. The DS-2019 provides pertinent information about the Exchange Visitor Program on the back. The exchange visitor should read and adhere to the information. The Consular or Immigration officer will indicate on the front of the form (lower left) if the exchange visitor is subject to the two-year home residency requirement. 2

3 Traveling Outside of the United States An exchange visitor traveling outside of the United States should be certain to have all necessary documents for entry into all countries he or she intends to visit and for re-entry into the United States. A list of Consulates and Embassies (both abroad and in the United States) is available at For re-entry into the United States, the exchange visitor needs: A valid passport (if subject to the passport requirement) A valid J-1 visa (if subject to the requirement) The Responsible Officer needs to sign in the lower right corner of the DS-2019 before you depart for your trip. If a new visa is required, the exchange visitor should have a valid passport, endorsed DS- 2019, and evidence of financial support to present to the United States Consulate or Embassy. What is automatic revalidation of visas? An exchange visitor (except those nationals from Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) can re-enter to the United States with an expired J-1 visa when the exchange visitor: Travels to Canada, Mexico, or the adjacent islands other than Cuba for less than 30 days; and Has maintained and intends to resume J-1 status and the previously authorized stay is valid at the time of re-entry. In such a case, the exchange visitor will need only a valid passport, with an affixed visa, an endorsed DS-2019, and a current Form I-94. The exchange visitor should not surrender the I-94 when leaving the U.S. to travel to contiguous territory. Please consult with the Center for Global Education for more information. Extension of Stay An Exchange Visitor is eligible to apply for an extension of stay if: 1. You are working toward the objective shown on your most recent Form DS-2019; 2. You are maintaining your status as a J-1 Exchange Visitor; 3. You can demonstrate adequate funding for the period of the proposed extension; and 4. Your extension will not carry you beyond three years in status as a J-1 Visiting Professor or Research Scholar. If you need to stay longer than three years, consult your J-1 Responsible Officer. Procedures: Approximately two months before your stay expires, contact your J-1 Responsible Officer about an extension. If you are sponsored by Wheaton College, then call the Center for Global Education to speak with the Responsible Officer. If your J-1 sponsor is an agency, then your Responsible Officer will be a part of that agency. 3

4 Bringing your Dependents If the exchange visitor would like to bring his/her spouse or children (under the age of 21) to the United States, please consult with the Responsible Officer. J-2 (dependent of J-1) Employment Information J-2 dependents may apply to the Immigration and Naturalization Service (INS) Service Center for permission to accept employment, provided the income is not needed for the support of the J-1 student or scholar. All the necessary forms to apply for work authorization are available at the Center for Global Education. The applicant will need to submit the following: Form I-765, Application for Employment Authorization; A letter from the applicant stating why the employment is desired, indicating the source and amount of support for the J-1 student or scholar. The letter should specifically state that the money earned from employment will not be used for the support of the J-1 student or scholar; Photocopy of your I-94, front and back; Photocopies of your spouse s DS-2019 and I-94 (front and back); Two immigration photos (see Form I-765 instructions, page 4, part 3 for details). Photocopy of the identification page of passport showing photo and expiration date; Filing fee. Check or money order should be made payable to the BCIS; Photocopy of previous Employment Authorization Document, if applicable All the above documents should be mailed to: U.S. Department of Justice Bureau of Consular & Immigration Services Vermont Service Center 75 Lower Welden St. Saint Albans, Vermont If permission for employment is granted, the Employment Authorization Document (EAD) will be mailed to you. The EAD is valid for any kind of employment for which the J-2 might be eligible without limitation as to part-time or full-time. After the EAD is issued, take it to the Social Security Office, along with your passport to obtain a social security number. J-2 dependents are subject to social security taxes and federal and state income taxes. 4

5 Incidental Employment for J-1 Visiting Professors and Research Scholars To work for any employer other than the school named on your Form DS-2019, you must first obtain approval in writing from your J-1 Responsible Officer. The Responsible Office must evaluate the proposed employment in terms of your program objectives and your individual circumstances, and then decide whether it would be appropriate or not. Conditions The proposed employment: Must be directly related to the objectives of your Exchange Visitor program; Must be incidental to your primary program activities; and Must not delay the completion of your Exchange Visitor program Procedures Present the following to your Responsible Officer: 1. A letter of offer from the prospective employer describing the terms and conditions of the proposed employment, including the duration, the number of hours, the field or subject, the amount of compensation, and a description of the activity for which you are being hired. 2. A letter from your department head or supervisor: a. Referring to the letter from the prospective employer; b. Confirming that the employment is directly related to your principal activity, is indeed incidental, and will not delay completion of your program; c. Explaining how the proposed activity would enhance your Exchange Visitor program; and d. Recommending approval of the employment If your J-1 Responsible Officer approves, he or she will authorize the employment in writing. 5

6 Health Insurance Requirement For Exchange Visitors The Requirement As an Exchange Visitor in the United States, under a rule effective September 1, 1994, you must carry health insurance for yourself and your J-2 depends for the full duration of your J program. Government regulations stipulate that if you willfully fail to carry health insurance for yourself and your dependents, your J-1 sponsor must terminate your program and report the termination to the U.S. Department of State. The Need for Health Insurance It is dangerous to be in the United States without adequate health insurance. Although in many countries the government bears the expense of health care for its citizens, and sometimes even for visitors, individuals and families in the United States are responsible for these costs themselves. Since a single day of hospitalization and medical treatment can cost thousands of dollars, most people in the United States rely on insurance, and you should do the same. Insurance gives you access to better and more timely health care, and provides the only protections against the enormous costs of health care in the country. How Medical Insurance Works When you pay health coverage, the money you pay (your premium) is combined with the premiums of others to form a pool of money. That money is then used to pay the medical bills of those participants who need health care. Your coverage remains valid only as long as you continue to pay your insurance premiums. Once you purchase insurance, the company will provide you with an insurance identification card for use as proof of your coverage when you are seeking health care from a hospital or doctor. The company will also provide written instructions for reporting and documenting medical expenses (filing a claim). The company will evaluate any claim that you file, and make the appropriate payment for coverage under your particular policy. In some cases the company pays the hospital or doctor directly; in others the company reimburses the policy- holder after he or she has paid the bills. Basic Requirements Here are the following requirements determined by the Department of State for the type and amounts of coverage you must carry if you hold J-1 or J-2 status: Medical benefits of at least $50,000 per accident or illness; Repatriation of remains in the amount of $7,500; Expenses associated with the medical evacuation of the exchange visitor to his/her home country in the amount of $10,000; and, A deductible not to exceed $500 per accident or illness The insurance policy must be underwritten by an insurance corporation having an A.M. Best rating of A- or above, an Insurance Solvency International, Ltd. (ISI) rating A- or above, a Standard & Poor s Claims-Paying Ability of A- or above, a Weiss Research, Inc. rating of B+ or above, or such other rating services as the Department of State may from time to time specify. Insurance coverage backed by the full faith and 6

7 credit of the government of the exchange visitor s home country shall be deemed to meet this requirement. Ask your department to see if health insurance is a part of your benefits package from Wheaton College. If not, the J-1 Exchange Visitor Health Insurance Plan sponsored by Wheaton College is available at the Center for Global Education. YOU ARE RESPONSIBLE FOR SECURING HEALTH INSURANCE FOR YOU AND YOUR J-2 DEPENDENTS. 7

8 Two-Year Home Country Physical Presence Requirement Intent of the Requirement The intent of the requirement is to have the home country benefit from the exchange visitor s experience in the United States. Exchange visitors come to this country for a specific objective such as a program of study or a research project. The requirement is intended to prevent a participant who is subject from staying longer than necessary for the objective, and to ensure that he or she will spend at least two years in the home country before coming back to the United States for a long-term stay. An exchange visitor is subject to the requirement if any of the following conditions apply: 1. If the exchange visitor s participation in an exchange program was financed, directly or indirectly, by the United States government or a foreign government for purpose of exchange; 2. 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 skills list; 3. The exchange visitor comes to the United States to receive graduate medical education or training. The exchange visitor can tell if he/she is subject by looking at the J visa page in the passport that would say 212e does apply and/or the bottom box of the DS If you are subject to the requirement, the exchange visitor may only change to A or G status within the United States. An exchange visitor subject to the requirement can change visa status outside of the United States at the discretion of the consular official but is NOT eligible for an H (temporary worker), L (intra-company transferee), or immigrant status until the two year home residency requirement has been completed or a waiver is granted. Waiver of the Residency Requirement An exchange visitor may request that the two-year home country physical presence requirement be waived only on the following bases: 1. Statement from the exchange visitor s home country that it has no objection to the waiver 2. Request for a waiver made by an interested U.S. government agency 3. Interest of a state agency (only for alien physicians) 4. Exceptional hardship to the U.S. citizen or permanent resident spouse or child of the exchange visitor 8

9 5. Fear of persecution on account of race, religion, or political opinion Waiver Application Process 1. Complete a Waiver Review Application Data Sheet available for download in PDF format from the Web at: 2. Fill out two self-addressed, stamped, legal-size envelopes 3. Fee of $136 in the form of a cashier s check or money order payable to the U.S. Department of State (personal checks are not accepted). The cashier s check or money order must include the applicant s full name, date and country of birth, and Social Security number, if any, and 4. Mail the above items in a single package to one of the following addresses, depending on whether is being sent via regular mail or via courier or express service: Postal service: Courier or Express Service U.S. Department of State U.S. Department of State Waiver Review Division Waiver Review Division P.O. Box (Box ) St. Louis, MO St. Louis, MO After the fee is collected, the Waiver Review Division will open a file for the applicant, assign a case number, and then send the applicant his or her case number and instructions on how to proceed with the application. Following the application instructions, once all the required information and documents are assembled, they must be returned to the Waiver Review Division for consideration. Applicants must write the full case number on any documentation they submit, as well as on the outside envelope of all correspondence with the Waiver Office. If the case number is not included on all correspondence and on the outside of the envelope, the documents submitted will be returned. All correspondence and responses concerning the case after receiving a case number are sent to the Waiver Review Division general mailing address: U.S. Department of State Visa Services, Waiver Review Division CA/VO/L./W 2401 E Street, NW, (SA-1) Washington, DC Please note that the waiver application is the exchange visitor s responsibility. 9

10 MANDATORY INSURANCE REQUIREMENTS: J-1 & J-2 VISA HOLDERS Pursuant to the U.S. Department of State regulations and the U.S. Code of Federal Regulations governing Exchange Visitor Programs (22CFR514.14), all J-1 and accompanying J-2 family members are required to obtain health, accident, medical evacuation and repatriation of remains insurance coverage while in the United States. The insurance policies must cover the exchange visitor and all accompanying dependents. To keep our files current, please be sure to provide our office with proof of insurance each time you renew your insurance policy. Minimum health insurance coverage must provide: Medical benefits of at least $50,000 per accident or illness; Repatriation or remains in the amount of $7,500; Expenses associated with the medical evacuation of the exchange visitor to his/her home country in the amount of $10,000; and, A deductible not to exceed $500 per accident or illness. The insurance policy must be underwritten by an insurance corporation having an A.M. Best rating of A- or above, an Insurance Solvency International, Ltd. (ISI) rating A- or above, a Standard & Poor s Claims-Paying Ability of A- or above, a Weiss Research, Inc. rating of B+ or above, or such other rating services as the Department of State may from time to time specify. Insurance coverage backed by the full faith and credit of the government of the exchange visitor s home country shall be deemed to meet this requirement. Any exchange visitor who willfully refuses to comply with this requirement shall be considered to be in violation of his/her exchange visitor status. The program sponsor is obligated to inform the U.S. Department of State of exchange visitor non-compliance. *PLEASE COMPLETE THE FOLLOWING CERTIFICATION AND RETURN THIS TO THE CENTER FOR GLOBAL EDUCATION WITHIN THE FIRST MONTH OF YOUR STAY* I certify that I have read and understand the information above concerning the Department of State s requirement for exchange visitors and accompanying dependents to have insurance. I am in compliance and have obtained the appropriate insurance coverage for myself and my J-2 dependents (if applicable) as indicated above. SIGNATURE PRINT NAME NAME OF INSURANCE COMPANY TODAY S DATE EXPIRATION DATE OF INSURANCE 10

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