General Information
In 1948 Congress passed the U.S. Information and Educational
Exchange Act, to “promote a better understanding of the United
States and other countries, and to increase mutual understanding
between the people of the United States and the people of other
countries.” [PL 80-402, Sec 2] This and the Fulbright-Hayes Act
passed in 1961 form the basis for today’s J-1 Exchange Visitor
Program.
USIA, part of the Department of State, has been administering
the J-1 Exchange Visitor Program until October 1, 1999 when USIA
was formally absorbed into the State Department. The functions
are now within the State Department, and consist of two
divisions. The Waiver Review Division is part of the Visa Office
in the Bureau of Consular Affairs. The J-1 Exchange Program is
now part of the Bureau of Educational and Cultural Affairs.
The University of North Texas has been designated by Department
of State to operate a J-1 Exchange Visitor Program to bring
scholars here in the categories of Researcher, Professor, and
Short Term, and Student. We must apply for redesignation from
the State Department every two years.
The Scholar Program allows international faculty, post-doctoral
researchers, scientists, and other professionals to spend a
short time at the University of North Texas participating in
such activities as research, lecturing, presenting concerts.
They may be working independently or in collaboration with UNT
faculty.
J-1 Scholar Categories used at UNT
Professor:
Must have the equivalent of an earned U.S. Masters degree, or
Bachelor’s degree with extensive additional research experience.
Usual maximum 3 year stay. Possible 6 month extension through
UNT. Possible application to Department of State for 1.5 years
past that.
After completion of program, can not return to U.S. as a J-1
Professor or Researcher for 12 months.
Research Scholar:
Must have the equivalent of an earned U.S. Masters degree, or
Bachelor’s degree with extensive additional research experience.
Usual maximum 3 year stay. Possible 6 month extension through
UNT. Possible application to Department of State for 1.5 years
past that.
After completion of program, can not return to U.S. as a J-1
Professor or Researcher for 12 months.
Short-term Scholar:
Program may be identical to Professor or Research Scholar, but
duration of program is from 1 day to 6 months. Can not be
extended past 6 months. Extensions and transfers are usually not
permitted. Provides maximum flexibility for payment and
reimbursement options for a short term person. Especially
helpful for those coming to UNT to participate in or attend a
conference or symposium. Can also return to U.S. within 12
months in J-1 Short-term program.
J-1 Special Requirements and Restrictions:
Employment Restriction: The exchange visitor may not be employed
in a permanent position, i.e. can not be appointed to a tenure
or tenure track position.
Not an employment visa: Even though participants may have
employment as an aspect of their program, employment should
never be considered to be the primary purpose. While the visitor
may be employed, employment is a secondary purpose. The visitor
is coming to improve his/her skills, and participate in an
exchange of ideas.
Degree Requirement: Must hold the equivalent of U.S. Master’s
degree, or Bachelor’s degree with significant experience in
field. Must be well established in the field.
No change of purpose: The exchange visitor is not allowed to
change the primary objective, as stated on the DS-2019. For
example, the visitor can not change from researcher to student
or from one field of activity to another. It may be possible to
transfer to another university.
6 month or 3 year limit: If a short-term scholar, the project or
program must be achievable within 6 months. For a research
scholar or researcher, it must be achievable in 3 years.
Extensions for the benefit of the scholar and his research may
be possible. Contact International Advising for details.
Insurance requirement: All J-1 visitor and J-2 dependents must
verify that required levels of health, medical evacuation, and
repatriation insurance have been purchased. This is federal
regulation.
Department must certify that visitor’s service can be
accommodated: The department must be able to supply the visitor
with space, equipment, if necessary, library access, computer
access, and a relationship with a faculty member. If UNT or
grant funding is used, this must be stated on our office
application form, and signed by a hiring authority in the
department.
Must prove sufficient funding. If funded by UNT, the title given
to the visiting scholar must be equivalent to the title in the
home country. The salary should be appropriate for that title.
Please contact your department or the Personnel office with
questions.
If other than UNT funds, must submit financial documentation
showing a minimum of $1,000 per month for the scholar, $330 per
month for a spouse, and $330 per month per child. These are bare
minimum estimates for living in Denton. These estimates do not
include health insurance.
The 12 month bar; effective April 8, 1996: It is no longer
possible for a J participant to return to the U.S. as a research
scholar or professor, if at any time in the last 12 months
he/she has held J status. Except if the previous visit was as a
short-term scholar, or was under 6 months in duration.
Otherwise, the person can only begin another J program after 12
months has lapsed since the last J program.
Two year home return: Certain J-1 visitors will be subject to a
two year home return after completion of the J-1 program. The
requirement states that the two years in home country must be
completed before returning to the U.S. in H, L, or permanent
residence status. This requirement also prevents all changes of
status to other categories within the U.S. Some J participants
have been successful in obtaining a waiver.
Information concerning the requirement, skills list, and waiver,
can be found:
The regulation concerning 212(e) and waivers of 212(e) can be
found in 22 CFR 41.63. It can be accessed at
http://www.access.gpo.gov/nara/cfr/waisidx_02/22cfr41_02.html
Information and the skills list is in a .PDF document file, and
can be accessed from
http://exchanges.state.gov/education/jexchanges/participation/waivers.htm
and
http://travel.state.gov/visa/tempvisitors_info_waivers.html
Insurance Requirement
Health Insurance, Insurance for Medical Evacuation and
Repatriation of Remains:
Insurance is required by the government of all participants and
their families the entire time they are in J status. The
insurance must meet the minimum requirements. Failure to comply
will result in cancellation of the J status.
What are the requirements for insurance that all J scholar
participants and families must carry?
The minimum requirements for the insurance are:
$50,000 per accident or illness.
$7,500 for repatriation of remains.
$10,000 for medical evacuation to the home country.
A “deductible” not to exceed $500.
Please see your international advisor for further details.
Where does the scholar get this insurance?
If the University of North Texas is providing his/her health
insurance, the scholar must also enroll in an insurance program
that will cover the medical evacuation and repatriation. The
international advisor will have instructions for application.
In addition, since the University does not cover insurance for
at least the first 90 days, the scholar will need private
insurance during this period.
If the scholar will be buying his/her own insurance, the
international advisor can help information. We have information
on acceptable policies. There will be an additional cost. Costs
will be higher when including family members.
If the scholar has his/her own coverage, s/he must bring proof
that the insurance will meet all minimums.
What if the scholar does not have insurance that meets these
minimums?
The scholar’s J program will be terminated. This is required by
law.
Can the scholar get an extension of the DS-2019 or get a travel
endorsement without proving insurance?
No. The scholar is required by law to have the insurance, and we
are required by law to have proof that s/he does have the
insurance.
OFFICIAL J VISA INSURANCE REQUIREMENT
Health insurance is a requirement for participation in the J
program. Below are the requirements as set forth in the Code of
Federal Regulations, 22 CFR 514.22. Please note that these are
the minimum requirements.
Sponsors shall require each exchange visitor to have insurance
in effect which covers the exchange visitor for sickness or
accident during the period of time that an exchange visitor
participates in the sponsor’s exchange visitor program.
Minimum coverage shall provide:
medical benefits of at least $50,000 per accident or illness;
repatriation of remains in the amount of $7,500;
expenses associated with medical evacuation of the visitor to
his or her home country in the amount of $10,000; and
a deductible not to exceed $500 per accident or illness.
An insurance policy secured to fulfill the requirements of this
section:
may require a waiting period for pre-existing conditions which
is reasonable as determined by current industry standards;
may include a provision for co-insurance under the terms of
which the exchange visitor may be required to pay up to 25
percent of the covered benefits per accident or illness; and
shall not unreasonably exclude coverage for perils inherent to
the activities of the exchange program in which the exchange
visitor participates.
Any policy plan or contract secured to fulfill the above
requirements must, at minimum, be:
Underwritten by an insurance corporation having an A.M. Best
rating of “A-“ or above, an Insurance Solvency International
Ltd. (ISI) rating of “A-“ or above, a Standard and Poor’s
Claims-paying Ability rating of A or above, or such other rating
service as the Agency may from time to time specify; or
Backed by the full faith and credit of the government of the
exchange visitor’s home country; or
Part of a health benefits program offered on a group basis to
employees or enrolled students by a designated sponsor; or
Offered through or underwritten by a federally qualified Health
Maintenance Organization (HMO) or eligible Competitive Medical
Plan (CMP) as determined by the Health Care Financing
Administration of the U.S. Department of Health and Human
Services. [Interim Final Rule, Federal Register, 7 July 1994, p.
34760]
Federal, state, or local government agencies, state colleges and
universities, and public colleges may, if permitted by law,
self-insure any or all of the above-required insurance coverage.
At the request of a non-governmental sponsor of an exchange
visitor program, and upon showing that such a sponsor has funds
readily available under its control sufficient to meet the
requirements of this section, the Agency may permit the sponsor
to self-insure or to accept full financial responsibility for
such requirements.
The Agency, in its sole discretion, may condition its approval
of self-insurance or the acceptance of full financial
responsibility by the non-governmental sponsor by requiring such
sponsor to secure a payment bond in favor of the Agency
guaranteeing the sponsor’s obligations hereunder.
An accompanying spouse or dependent of an exchange visitor is
required to be covered by insurance in the same amounts [as the
principal]. Sponsors shall inform exchange visitors of this
requirement, in writing, in advance of the exchange visitor’s
arrival in the United States.
An exchange visitor who willfully fails to maintain the
insurance coverage set forth above, while a participant in an
exchange visitor program or who makes material misrepresentation
to the sponsor concerning such coverage shall be deemed to be in
violation of these regulations and shall be subject to
termination as a participant.
A sponsor shall terminate an exchange visitor’s participation in
its program if the sponsor determines that the exchange visitor
or any accompanying spouse or dependent willfully fails to
remain in compliance with insurance requirements.
Department Responsibilities
Department Responsibility Check List
J-1 Scholars
Determine department eligibility for scholar.
Arrange for space for the scholar, and for library access or
other campus necessities.
Apply to International Advising for D-2019.
Mail DS-2019 to scholar.
Arrange for pick-up at airport.
Assist scholar to find temporary and permanent housing.
Provide assistance with other settling in matters.
Notify International Advising of the arrival of scholar. Dotty
Horton – dotty@isp.admin.unt.edu
Make appointment for scholar to check in with International
Advising. Dotty Horton – 565-2206
Guide scholar to Kendall Hall. Check in must occur before 30
days after the begin date on the DS-2019. Dotty must have data
entered on SEVIS by the 30th day, or SEVIS changes him to a
no-show.
If scholar will be employed by UNT, take scholar to Social
Security office to apply for Social Security number.
Complete required employment and insurance forms for Payroll and
HR.
Apply for extension of DS-2019 if scholar needs to extend stay.
Notify International Advising when scholar leaves.
Description of Documents
Passport:
The passport is issued by the country of citizenship. The
passport contains information that identifies the issuing
country, and identifies the passport holder as a citizen of that
country. It belongs to the issuing country. The passport must be
kept valid while in the United States. If it is going to expire,
the scholar should contact the embassy for instructions for
renewal.
U.S. J-1 or J-2 visa stamp:
The J-1 or J-2 visa stamp is issued by a U.S. consulate outside
the United States. It allows the prospective scholar to request
permission to enter the United States. Once he is in the United
States, it does not matter if this expires. If it expires, and
he travels outside the U.S. (except Canada, Mexico, and the
Caribbean – see Travel), he will need to apply to a U.S.
consulate for a new visa stamp before reentering the U.S.
The school listed on the visa stamp must be the same as the
school listed on the DS-2019 when he first enters the U.S.
DS-2019:
The DS-2019 certificate of eligibility allows the prospective
scholar to apply for a J-1 or J-2 visa stamp. He can think of it
as a contract between him, the University of North Texas, and
the U.S. government. Once inside the U.S., it will show the
length of time he may remain in J status in the U.S.. It will
also show his program of research or teaching, and his funding.
He may participate at the institution listed on the DS-2019.
I-94 card, also called and admission/departure record:
The I-94 is a small square white card. The scholar should not
lose it. It was completed by the Immigration officer at the port
of entry when he entered the U.S.. The officer will have written
his visa status on this card. This is the official visa status
while in the U.S. (If there is a mistake, see the international
advisor.) It will have his immigration file number in the upper
left corner. The card also tells how long he can stay in the
U.S. in J status. On most cards with J visa status you will find
a “D/S”, which means duration of status, and refers to the
completion of his J program, which you can find listed on your
DS-2019. If he travel outside the U.S. (other than Canada,
Mexico, and the Caribbean), he will turn in the I-94 card as he
depart. He will receive another upon re-entry.
I-901 Receipt:
When he paid for the SEVIS fee, he should be sure to print off a
receipt, and make a copy. He will need this when he applies for
a visa. He may also need it when entering the U.S. Canadians
will need to pay the fee and present the receipt at the port of
entry. SEVIS Fee (link to for scholars/SEVIS Fee)
Procedure
The Department accesses the DS-2019 Request form and information
(forms/departments/J-1 department application forms/request for
DS-2019) for J-1 Visiting Scholar they wish to invite.
The Department completes the DS-2019 Request Form . Please make
sure it is complete, including signature from department chair.
Submit the Request form, along with the letter of invitation,
and financial documentation for any non-UNT funding, to Dotty
Horton in 171 Kendall Hall.
International Advising will prepare the DS-2019. The department
can pick up the form, or we can send it to the department via
campus mail.
The scholar must pay the SEVIS Fee (I-901 Fee). Information can
be found at www.fmjfee.com . If the department wishes to
reimburse this fee, they may. If the department does want to pay
it, we do not recommend paying for it before the scholar
arrives, since he could use that receipt to go to another
school.
The scholar will apply for a J-1 visa. The scholar will apply at
a U.S. Consulate for the J-1 visa. He/she will present the
DS-2019, letter of invitation, and financial documentation, and
I-901 receipt to the Consulate. Canadian citizens entering from
the Western Hemisphere, do not need to have a passport or a visa
stamp, but they must present the I-901 receipt at the port of
entry with the other documents.
If the scholar is delayed, and can not arrived by the begin date
on the DS-2019, please notify International Advising. We will
adjust the begin date on SEVIS to facilitate the entry.
Upon entry to the U.S., the scholar will receive an I-94 card,
which will show the J-1 status that was conferred when entering
the U.S.
The scholar checks in with the department, and also with
International Advising in 171 Kendall Hall. It is imperative
that the scholar check in with International Advising inside of
30 days from the begin date. If the scholar does not check in,
and International Advising has not validated the arrival on
SEVIS within 30 days, SEVIS will make the scholar a no show.
This terminates the J status.
If being employed, he/she will also apply for a Social Security
card, and complete all employment procedures. International
Advising can issue a letter for Social Security to facilitate
the process. Social Security will not accept an application
until the scholar has been in the U.S. for 10 days, and until
2-3 days after International Advising has validated the arrival
on SEVIS.
J-1 VISITING PROFESSORS AND RESEARCH SCHOLARS
Occasional Lectures or Consultations
Authorization by the J-1 Responsible Officer
To work for any employer other than the school named on the Form
DS-2019, the scholar must first obtain approval in writing from
the J-1 Responsible Officer, who represents the J-1 sponsor and
issued the Forms DS-2019. He or she must evaluate the proposed
employment in terms of the scholar’s program objectives and his
individual circumstances, and then decide whether it would be
appropriate or not.
If our school is the sponsor, then the J-1 Responsible Officer
is the international advisor in International Advising. If the
J-1 sponsor is an agency, and if the scholar is uncertain how to
reach the J-1 Responsible Officer, International Advising can
help him locate the responsible Officer who would assist him.
Conditions
The proposed employment:
1. Must be directly related to the objectives of the scholar’s
Exchange Visitor program;
2. Must be incidental to his primary program activities; and
3. Must not delay the completion of his Exchange Visitor
program.
Procedures
To obtain authorization for incidental employment, the scholar
should present the following to his J-1 Responsible Officer:
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 he
is being hired.
A letter from the department head or supervisor:
1. Referring to the letter from the prospective employer;
2. Confirming that the employment is directly related to his
principal activity, is indeed incidental, and will not delay
completion of his program;
3. Explaining how the proposed activity would enhance his
Exchange Visitor program; and
Recommending approval of the employment.
If the J-1 Responsible Officer approves, International Advising
will authorize the employment in writing.
Authorization To Work
If the employment is a lecture or consultation, the scholar will
be working not as an employee but as an independent contractor,
meaning that he will not have a sustained employer-employee
relationship with the person or institution paying him. He will
not complete Form I-9, "Employment Eligibility Verification," in
order to start work. In that situation his authorization will
take the form of a letter to him from the Responsible Officer in
the International Advising, which his employer may ask to see,
and which he should keep--permanently.
If the incidental employment will be sustained, for example if
the scholar will be teaching a course at another school for an
entire term, the Responsible Officer will issue an updated
DS-2019 for him containing the new information. The Responsible
Officer will notify SEVIS and Department of State of the change.
Visa Applications/Security Checks
The prospective scholar must pay the SEVIS fee (I-901 fee).
www.fmj.com
The scholar then makes an appointment with the nearest U.S.
consulate, and determines their procedure, and the documents
required for application.
U.S. Embassies Abroad:
http://travel.state.gov/visa/questions_embassy.html
All applicants must now be interviewed, according to U.S.
policy. The State Department has asked consulates to try to
facilitate the timely interviews for students and scholars to
allow them to arrive on time. We recommend scholars reserve
their interview time as soon as possible.
DOS cable to consulates, July 2004:
http://travel.state.gov/visa/student_exchange_reminder.html
Visa wait times can be found at
http://travel.state.gov/visa/tempvisitors_wait.php
All applicants are subject to a name check. Some may undergo a
longer check due to the country of origin or birth, or due to
the subject matter they will be researching. These security
checks go through various agencies in Washington, and may be
lengthy. The Technical Alert List of fields of concern has been
classified, and is no longer available.
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