J-1 Exchange Visitors
Oregon Health & Science University has received designation from
the Department of State to conduct an Exchange Visitor Program. This
allows us to sponsor citizens of foreign countries to come to OHSU as
paid or unpaid students, professors, research scholars, short-term scholars
and specialists.
CATEGORIES OF J-1 EXCHANGE VISITORS
Professors- a professor is an "individual primarily teaching,
lecturing, observing, or consulting at post-secondary accredited educational
institutions, museums, libraries, or similar types of institutions.
A professor may also conduct research, unless disallowed by the sponsor."
22 C.F.R. 62.4 (e)
The maximum period of stay in this category is three years (The maximum period of stay in this category will change to five years in November 2006).
Research Scholars- a research scholar is an "individual
primarily conducting research, observing, or consulting in connection
with a research project at research institutions, corporate research
facilities, museums, libraries, post-secondary accredited educational
institutions, or similar types of institutions. The research scholars
may also teach or lecture, unless disallowed by the sponsor."
22 C.F.R. 62.4 (f)
The maximum period of stay in this category is three years (The maximum period of stay in this category will change to five years in November 2006).
Short-term Scholars- A short-term scholar is "a professor,
research scholar, specialist, or a person with similar education or
accomplishments coming to the United States on a short-term visit
for the purpose of lecturing, observing, consulting, training, or
demonstrating special skills at research institutions, museums, libraries,
post-secondary accredited educational institutions, or similar types
of institutions."
22 C.F.R. 62.4 (b)
The maximum period of stay in this category is 6 months
Specialists- A specialist is "an individual who is an
expert in a field of specialized knowledge or skill coming to the
United States for observing, consulting, or demonstrating special
skills."
22 C.F.R. 62.4(g)
The maximum period of stay in this category is 1 year
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Two-year Home Country Physical Presence Requirement-
Section 212(e) of the Immigration and Nationality Act requires exchange
visitors and their dependents who are subject to the two-year home country
physical presence requirement to return to their home countries and
be physically present there for an aggregate of two years before being
eligible to return to the United States as a permanent resident, H status
or L status. Exchange visitors subject to this requirement are also
not eligible to change their nonimmigrant status to any other nonimmigrant
status in the United States except to A(diplomatic) and G (international
organizations) status.
Who is subject?- you are subject to the requirement if you
fall into any one of the categories below:
- Your exchange program was financed directly or indirectly,
by the United States government or a foreign government for
the purpose of the exchange;
- The field you are coming to study is a field which is listed
on the State Department's skill list
- You are coming to the United States to receive "graduate
medical education or training"
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Twelve-month Bar after Previous J Participation-
Time spent in the United States in J status in the 12 month period immediately
preceding the start date on the new DS-2019 may affect a person's eligibility
for a J-1 in the professor or research scholar category. A person who
has been in the United States in J-1 status in the 12 month period immediately
preceding the start date of the new DS-2019 may only return in J-1 status
as a professor or research scholar category if:
1. the participant is transferring to the sponsor's program
from another J-1 program in the United States; or
2. the participant's presence in the United States was of
less than six months duration, or
3. the participant's presence in the United States was pursuant
to a short-term scholar exchange activity.
22 C.F.R. 62.20 (d) (ii)
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2-year Bar on Repeat Participation as a J-1 Professor or Research Scholar - A person who has been in the U.S. as a J-1 in the professor or research scholar category is not eligible for participation as a J-1 in the professor or research scholar category for a period of 2 years following the end date of his/her program as identified in the SEVIS system.
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Health Insurance Requirements- U.S.
regulations require all exchange visitors (both J-1s and J-2s) to have
health insurance during the duration of their exchange visitor status.
The health insurance plan selected by the exchange visitor must meet
the minimum requirements designated by U.S. law at 22 C.F.R. 62.14.
Minimum Requirements:
1. Medical benefits of at least $50,000 per accident or illness;
2. repatriation of remains in the amount of $7,500
3. expenses associated with medical evacuation of the exchange visitor
to his or her home country in the amount of $10,000; and
4. a deductible not to exceed $500 per accident or illness
Please see the document Health Insurance Requirments Checklist for a sampling of companies that sell health insurance
to international exchange visitors and their dependents.
YOU ARE REQUIRED TO PROVIDE EVIDENCE OF MEDICAL INSURANCE COVERAGE
UPON YOUR ARRIVAL AT OREGON HEALTH & SCIENCE UNIVERSITY.
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Applying for a Visa- You should apply
for a J-1 visa at the U.S. consulate or embassy with jurisdiction over
your place of residence. You must include the following documents with
your application for a J-1 visa:
- Form DS-2019- You must complete and sign the form where it is marked "Exchange Visitor Certification" before you submit your form to the consulate. Please read the back of the form carefully since it contains important information about J status.
- Evidence of financial ability to meet expenses- You must
provide proof that you have enough funding to cover health insurance,
living expenses, etc.. This should be in the form of an official
letter from your sponsor, personal financial statements, etc.
- Invitation Letter from OHSU
- Evidence of intent to depart the United States after completion
of your program- The main reason that nonimmigrants are denied
visas is because they fail to prove to the consulate officer that
they will return to their home country once they have completed
their exchange program. A J-1 visa is a temporary visa, so you must
prove that you intend to return to your home country when you have
finished your exchange program. This can be proved by showing ties
to your home country. The following types of evidence can be used
in showing your ties: evidence that shows you or your family own
a business and/or property in your home country; evidence that you
will return to your job in your home country; etc.
- Valid Passport
- Form DS-156 (Nonimmigrant Visa Application)-This form is
available on the Department of State's web-site at http://travel.state.gov/visa/frvi/forms/forms_1342.html
- Form DS-157 (Supplemental Nonimmigrant Visa Application) if
applicable- This form is also available on the Department of
State's web-site listed above.
- Form DS-158 (Contact Information and Work History for Nonimmigrant
Visa Applicant)- This form is also available on the Department
of State's web-site listed above.
- Photograph
- Machine Readable Visa (MRV) surcharge fee
- Visa Reciprocity Fee (if applicable)- A listing of visa
reciprocity fees is available on the Department of State's web-site
at http://travel.state.gov/visa/frvi/fees/fees_1341.html
- SEVIS fee-
Pursuant to Department of Homeland Security regulations, a $100 SEVIS fee must be paid prior to applying for a J-1 visa. This can be done online at www.fmjfee.com , or by mail. Since you must take the receipt with you to the interview at the consular office, we recommend that you pay online in order to get a receipt immediately rather than waiting approximately 4 weeks to receive one by mail.
The web-site http://usembassy.state.gov/
will provide you with information on applying for a visa at U.S. consulates
located around the world. You will want to be familiar with the rules and
procedures of issuing visas before you apply for yours. Since visa
procedures vary depending on what consulate you go to it is recommended
that you check the above web-site for the procedures at the U.S. consulate
you plan on going to.
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Entering the United States in J-1 Status-When
you arrive at the U.S. port of entry you must present the documents
listed below to the immigration official:
- A valid passport (unless you
are exempt from the passport requirement)
- A valid J-1 visa (unless you are exempt from the visa requirement,
i.e. Canadian citizens)
- Evidence of financial support
- Form DS-2019
- Form I-94
The immigration official will stamp and return your DS-2019 to you along with Form I-94. Form I-94 should be marked J-1 (J-2 for
dependents) and D/S, which stands for duration of status.
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Maintaining J-1 Status- It is extremely
important that you maintain J-1 status, since certain violations of
status may be grounds for deportation under U.S. Immigration Law.
This means that you must meet certain requirements required by the
U.S. Department of Homeland Security. Please note that it is
your responsibility to make sure that your DS-2019 is valid during
your exchange program here. Your I-94 card (the small white card,
which you will receive on the airplane to the United States,) will
be stamped D/S- Duration of Status by the immigration officer at the
port of entry, but your status is controlled by the date in item No.3
of your DS-2019.
What you need to do to maintain J-1 status-
- Have a passport that is kept valid at all times, unless exempt
from the passport requirement
- Only engage in the activities listed on your DS-2019
- Apply for an extension of your DS-2019 PRIOR TO the expiration
date on your DS-2019. The expiration date on your DS-2019 is shown
in item No. 3
- Receive approval from the Office of International Services before you change research labs, locations, activities,
etc.
- Do not work without authorization. You are only authorized to
engage in the activities and employment recorded on your DS-2019.
- Maintain health insurance. All J-1 exchange visitors and J-2
dependents are required to obtain health insurance which meets
the minimum requirements specified in 22 C.F.R. sec. 62.14. You must maintain health insurance throughout
the entire period of your program. For more information on the
health insurance requirements please download the form Exchange
Visitor Health Insurance Requirements in PDF format or contact
the Office of International Services.
- Report a change of residence to the Office of International Services within 10 days of
the change so it can be reported to the Department of Homeland Security via SEVIS.
- Remain in the US for no longer than 30 days after completing
your exchange program.
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Occasional Lectures or Consultations-
Professors, Research Scholars and Short-term Scholars may participate
in occasional lectures and short-term consultations if these activities
meet the following criteria:
- the lectures or consultations must be directly related to the objectives
of your exchange program;
- they must be incidental to your primary program activities;
- they must not delay the completion of your program;
- you must act as an independent contractor; and
- you must receive authorization from the Office of International
Services before you engage in the occasional lectures
or consultations.
22 C.F.R. 62.20 (g) and (g) (1)
If you are interested in engaging in occasional lectures or short-term
consultations please contact the Office of International Services for the application procedures.
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Travel- U.S. law requires that you carry
your immigration paperwork on you at all times. It is highly recommended
that you carry the following documents with you when you travel domestically
or internationally:
- Your DS-2019 currently signed on the back by the Office of International
Services
- Your passport
- A valid visa (if reentering from abroad, unless traveling to Canada
or Mexico for less than 30 days)
- Your From I-94(if reentering the United States from a trip
abroad you will receive a new I-94, unless you are reentering from
Canada or Mexico after a trip of less than 30 days)
*Trips to Canada and Mexico -You may reenter the United States
without a valid visa after a trip of less than 30 days to Canada or
Mexico. In order to take advantage of this provision you must be maintaining
valid J-1 status, have a valid passport (unless exempt from passport
requirements), have a current DS-2019 endorsed for travel by the Office
of International Services, and have a valid I-94.
*Please be aware that if you travel to Canada or Mexico to apply
for a new visa you will not be able to reenter the U.S. under the
revalidation provisions stated above if your visa application is denied
for any reason.
* Citizens or nationals of Iraq, Iran, Syria, Libya, Sudan, North Korea and Cuba are also not eligible for the revalidation provisions and must have a valid visa to reenter the U.S. after a trip to Canada or Mexico.
*Anyone who has been an overstay under INA 222(g) is also not eligible for the revalidation provisions and must obtain a new visa in his/her home country to reenter the U.S.
New Airport Transit Visa Requirements for Countries in the European
Union
France, Austria, Belgium, Denmark, Finland, France, Germany, Greece,
Iceland, Italy, Luxembourg, Netherlands, Norway, Portugal, Spain and
Sweden are now requiring that nationals from several countries including
India obtain "airport transit visas" for connecting flights.
If you are from one of the designated countries you are required to
obtain the "airport transit visa" even if you will not be
leaving the airport. There are exceptions for nationals from these
countries who are U.S. Permanent Residents. You can obtain more information
about the airport transit visa requirements on the French embassy's
web-site under Airport Transit Visas at http://www.consulfrance-washington.org/article.php3?id_article=383
Please check with the embassies of the countries you will be landing
in before you leave the U.S. to determine whether or not you will
need an airport transit visa. The following web-site has a list of
web-site links for embassies around the world. http://www.embassyworld.com/
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Dependents- spouses or unmarried
children(under 21 years of age) may accompany you to the United States
or join you at a later date in the United States. Dependent family members
will be given J-2 status. If dependents will be accompanying you to
the United States they will receive their own DS-2019 forms. If your dependents
will join you at a later date in the United States you must obtain dependent DS-2019 forms from the Office of International Services for your dependents so they can apply for visas and
enter the United Sates. A dependent of an J-1 will need the following
documents to apply for a J-2 visa:
- Form DS-2019 as described above
- Copies of your immigration documents- current DS-2019, visa,
passport biography and extension pages and both sides of your I-94
- A letter from the Office of International Services
verifying your status
- Evidence of financial ability to meet expenses
- Marriage certificate or birth certificate
- Evidence of intent to depart the United States after the J-1
completes his/her exchange program
- A valid passport
- Form DS-156 (Nonimmigrant Visa Application)-This form is
available on the Department of State's web-site at http://travel.state.gov/visa/frvi/forms/forms_1342.html
- Form DS-157 (Supplemental Nonimmigrant Visa Application) if
applicable- This form is also available on the Department of
State's web-site listed above.
- Form DS-158 (Contact Information and Work History for Nonimmigrant
Visa Applicant)- This form is also available on the Department
of State's web-site listed above.
- Photograph
- Machine Readable Visa (MRV) surcharge fee
- Visa Reciprocity Fee (if applicable)- A listing of visa
reciprocity fees is available on the Department of State's web-site
at http://travel.state.gov/visa/frvi/fees/fees_1341.html
The web-site http://usembassy.state.gov/
will provide you with information on applying for a visa at U.S. consulates
located around the world. You will want to be familiar with the rules and
procedures of issuing visas before you apply for yours. Since visa
procedures vary depending on what consulate you go to it is recommended
that you check the above web-site for the procedures at the U.S. consulate
you plan on applying for your visa at.
Insurance- J-2 dependents are also required to meet the health
insurance requirements set forth in 22 C.F.R. Sec. 62.14. For more
detailed information on the health insurance requirements please download
the document
Exchange Visitor Health Insurance Requirements in PDF format or
contact the Office of International Services.
Employment- J-2 dependents may apply for permission to accept
employment provided that the income from the employment will not be
used to support the the J-1. "Income from the spouse's or dependent's
employment may be used to support the family's customary recreational
and cultural activities and related travel, among other things."
8 C.F.R. Sec. 214.2(j)(1)(v)(A) Please contact the Office of International
Services for an employment authorization packet. For
more information on employment in J-2 status please download the document
J-2
Employment Authorization Checklist or contact the Office of International
Services.
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Forms-
You can obtain the forms mentioned below from the Office of International Services or you can download them in PDF format by clicking on the desired form below. Download Adobe Acrobat Reader for Free
J-1 Packet
J-1 Extension Packet
Exchange Visitor Health Insurance Requirements
J-2 Employment Authorization Checklist
JE Form
Grant JE Form
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