International Center

J-1 Process Workshop Sheila Cech/Darlene Peceimer J Scholar Advisor May 21, 2014 International Center

UCI International Center Mission Statement The International Center promotes and facilitates international education by providing services to advance the university's mission and support the academic goals and objectives of international students, faculty, and researchers. The International Center Staff is committed to providing quality services to comply with government regulations and promote intercultural understanding.

UCI International Population • Researchers, Faculty & Staff: 1277 J-1 Scholars: 958 H-1b Scholars: 160 Other: 159 • Students: 3916 Undergraduate: 2027 Graduate: 1741 Others/EAP: 148

What is the J Exchange Visitor program? J-1 (Exchange Visitor Program) immigration status is the most commonly used status for international visitors at academic institutions, who are engaged in research or teaching in non-tenure/non-tenure track positions. The Exchange Visitor Program is carried out under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 and is under the responsibility of the U.S. Dept. of State. The purpose of the Act is to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges. The Exchange Visitor Program is administered by the Office of Exchange Coordination and Designation in the Bureau of Educational and Cultural Affairs. The internet website for the information on the Exchange Visitor Program is: http://exchanges.state.gov/education/jexchanges

J-1: Exchange Visitor ProgramThe facts • Most common status for scholars at UCI • U.S. Department of State designates UCI to have a J-1 program • UCI must be re-designated every two years • At UCI used for Research and Teaching (there are always student categories) • Short-Term Scholar • Research Scholar • Professor • Managed through the Student and Exchange Visitor Information System (SEVIS)- Department of Homeland Security

More about the Short-Term Scholar category ADVANTAGES-- • Can be used for stays in the USA up to 6 months in duration. • Does not subject the scholar to the 12- or 24-month bars. • Can return as a Research Scholar/Professor any time in the future. • Can be used for multiple separate visits. DISADVANTAGES— • Can only be used for appointments of 6 months or less. • No extensions beyond the 6-month limit. • Must apply for a new J-1 visa • Fees (SEVIS, visa, etc.) must be paid for each program.

J-1 Eligibility • Minimum of Bachelor’s Degree • UCI Appointment Required (see Titles Eligible for J Sponsorship) • No tenure-track positions • No Administrative, technical or support positions • Must meet minimum financial support • Insurance requirements

Dates on Form B and DS 2019 should reflect actual dates engaged in UCI project. Scholars should be encouraged to use the 30 day pre-period to get acclimated before beginning project Clarify expectations with the scholar regarding University support, benefits, length of program, and availability of office/lab space, equipment, computer access, clerical support, and faculty collaboration prior to the scholars arrival; assistance with housing/transportation Notify the IC of delays or cancellation Insure that scholar will engage only in activities consistent with the intended program Scholars are expected to be at UCI during dates listed on DS 2019. Scholar Travel that exceeds 30 days require special notation in SEVIS. J-1: Departmental Responsibilities

Paperwork to bring scholar to UCI Please go to our website at http://www.ic.uci.edu/, click on UCI Departments and go down to J-1 Scholars, and click on Inviting a J-1 Scholar. There you will find the steps that need to be completed. The scholar is responsible for completing form A and attaching a copy of the biographical page of the passport and returning it to you. Dependent Visa Document request needs to be included if scholar is bringing family members (copy of biographical pages needed). This form is found UCI Departments, J-1 Scholars, Inviting Family Members You then need to attach a completed form B and AP-21/AP-PX1 (signed at dept. chair level) and send it on to the IC either by email attachment, campus mail or drop off (we do not accept this application via fax). If the scholar is in a WOS academic appt., then she must show evidence of funding that meets a minimum amount of $1600/month, and $450/month for each dependent.

Titles Eligible for J Sponsorship Depts. must attach a copy of the AP 21 (or PX for postdocs) and invite letter with forms A and B Form C (for extension) requires only copy of the AP-21(PX for postdocs) Visiting Professor series Visiting Professional Researcher series Visiting Project Scientist series Project Scientist series Specialist Series Professional Research series Adjunct Professor series Lecturer Junior Specialist (job description must require a minimum of a bachelors’ degree) Postdoctoral Scholar-Employee Postdoctoral Scholar-Paid Direct Postdoctoral Fellow Staff Research Associate- II and above (include copy of offer letter) Notes: Titles in a series refer to ranks or levels within the title series: e.g Assistant Researcher, Associate Researcher or Researcher. CLINICAL OBSERVER is a working title, not an academic appointment title. Please include appointment title on form B, not the working title

J-1: Financial Requirements • Monthly Minimums: • $1,600 scholar • $450 per dependent • Verification for non UCI funds required: • English and U.S. Dollars • Funding on form B should be TOTAL funding for period of requested stay

J-1: Insurance Requirements • Medical Insurance, Repatriation and Medical Evacuation- clearly stated on the back of DS 2019- 1(f) • UCI Benefits do not provide coverage of repatriation and medical evacuation (except postdocs) • Scholars must certify that they are in compliance with this requirement by providing evidence of J mandated health insurance. • Scholars are instructed to visit the website at http://www.garnett-powers.com/academics/uci and enroll in the program or apply for a waiver, if you will provide your own insurance.

J-1: Processing Times • J applications must arrive to the IC no later than 45 days before the appointment start date. (Faxed J applications are not accepted). • Recommended timelines: • New visit from abroad: 3 to 6 months • J-1 Transfer: 1 month • Change of Status: ~4 months • Extension: 1 month prior to current expiration

The DS-2019 for the above-mentioned scholar was mailed out on 7/1/2014 via Federal Express. The tracking number for the package is: 7912 8794 4884. • Important information about what to Do When You Arrive in Irvine • Step 1: Report to the International Center before the start date of your program. Upon your arrival in the US, and before the start date on your DS 2019 (found in section 3 of your DS 2019), you must check in with the UCI International Center (IC) so that your SEVIS record can be validated. IC check-in hours: Monday 9-11 am, Wednesday 2-4 pm, Friday 9-11 am. • Items you need completed and with you in order to check in at the IC successfully: • (the IC will not be able to complete your check-in at UCI without all items below) • Completed CHECK IN FORM (found at http://www.ic.uci.edu/Scholars/J-1/scholarcheckin.php • Copy of UCI department invitation letter • Copy of: (include copies of your J-2 dependents, if applicable) • Biographical page of your passport • J visa • I-94 card- front/back (small white card given at port of entry) (can only be copied after arrival) • Stamped DS 2019 (can only be copied after arrival) • Evidence of J mandated health insurance. Please visit the website at http://www.garnett-powers.com/academics/uci and enroll in the program or apply for a waiver, if you will provide your own insurance. • To eligible for a waiver, your insurance must meet J-1 requirement (Scholars receiving UCI benefits do not need to provide this evidence) • J Orientation receipt (link for orientation found at http://www.ic.uci.edu/Scholars/J-1/scholarcheckin.php Please take this online orientation before arriving to the US. • After checking in with the IC, you will receive the EMPLOYMENT ELIGIBILITY FORM to take to your UCI department. The dept. personnel administrator will initiate the employment process required for you to have access to UCI facilities and resources. You must contact your Academic Department to set up an appointment to complete the employment process. • Step 2: Apply for a Social Security Number (SSN). You must apply for a Social Security number if you do not have a Social Security number from a previous U.S. visit. Instructions can be found on the IC website at: http://www.ic.uci.edu/General/socialsecurityinfo.php • – All J1 visa holders at UCI are required to apply for SSN

J-1: Employment Limitations • Limited to UCI and area specified on visa document • Change of Department requires IC approval • MD: limited to incidental patient contact only • Occasional short-term consultation or lectures outside may be approved by IC

Under J regulations it is possible for a J-1 professor and research scholar to engage employment at another location other than UCI while on an ACTIVE UCI sponsored J program under the following guidelines: The activity must: 1. Be directly related to the objectives of the exchange visitor's J Program and facilitate the UCI research project. The scholar must continue to be on an academic appointment at UCI while at the third party location. The work performed at the third party location must be overseen and directed by the UCI faculty member. Any publications or presentations resulting from the work will credit UCI and the third party in accordance with the collaborative agreement between the two. 2. Be incidental to the exchanges visitor's primary program activities and must be temporary. 3. Must not delay the completion dates of the visitor's program. If an opportunity comes up that meets these guidelines, the UCI sponsoring faculty member should submit the following in writing to the IC before the event takes place: 1. A letter supporting this activity and verifying that it is directly related to the objectives of the exchange visitor's program. This letter needs to outline how this cooperative project developed between UCI and third party and how the scholar's participation in this project will benefit the scholar, as well as the UCI project. This letter should also verify the continued oversight of the UCI faculty member of the scholar’s research progress during this time. 2. A letter from the institution or company who is offering this activity stating the nature of the activity, the dates of the activity and the amount of the compensation granted. If approved, I will provide an approval in writing. The scholar must be considered an "independent contractor" at the institution or company where he is engaging in this activity. Please contact me if you need any further clarification on this process.

J-1: Travel Requirements • Complete IC TRAVEL FORM- http://www.ic.uci.edu/Forms/TravelForm.pdf, • Must obtain travel signature on DS-2019. Walk-in signature hours: Tuesday/Thursday, 2:00-4:00. • Must have valid visa to re-enter: exception to Canada & Mexico, if less than 30 days (some exclusions) • Be prepared for delays if new visa is needed • Stay outside US for 30+ days require further documentation and dean’s approval.

Departure for more than 30 days • The U.S. Dept. of State states that the J-1 remains in valid program status during a short absence provided the DS 2019 is valid and has been signed for re-entry. The U.S. Dept. of State provides guidance that short visits are considered 30 days or less. • For visits that exceed 30 days, our office will have to review the circumstances. Please ask your dean's office to write the IC a letter explaining the details of such as extended departure. Typically, departures for more than 30 days are approvable when the travel is related to the research project. Personal travel is encouraged to stay within the 30 day time frame.

Keeping J-1 Record Active While Outside of Country • Authorization of “Out-of-Country” event during leave of absence from UCI: • A) On-going collaboration during absence required • B) Dept. sends endorsement by PI/ supervisor verifying collaboration. • C) Provide “Out of Country” address where research will be conducted. • D) Dept. verifies that academic appt. will be held while scholar is abroad- DS 2019 must also must be kept valid.

If new visa is needed for return to US • Contact IC for review of travel documents, discussion of visa process, or travel risks • Contact Consulate for appointment • After return, provide good quality copy of Form I-94 (front and back) and visa stamp to IC *Timing uncertain in visa issuance, depending on post and security clearance*

The Role of the U.S. Consulate in the Nonimmigrant Visa Process • U.S. consular offices are part of the Department of State, and are under the direct supervision of the U.S. embassy in their respective country. The visa section of a U.S. consular office is staffed by career Foreign Service Officers. The principal role of a consular officer in the nonimmigrant visa issuance process is to decide if the applicant is eligible for a visa • The consular officer has discretion to require whatever evidence he or she feels is necessary to demonstrate an applicant's eligibility for a nonimmigrant visa. Consular officers operate under guidelines furnished by the Visa Office of the Department of State, but they retain discretionary authority to determine the facts of a given case. If a consular officer has reason to believe that a visa applicant is not a bona fide nonimmigrant, the visa application may be denied.

Security Advisory Opinions (SAOs) • Security related checks & clearances • Have created significant delays • Technology Alert List, Critical Fields of Study • Once requested, nothing can be done to expedite the processing of a SAO • Scholars should factor possible delays into their travel arrangements if applying for a visa

Change of start date Reasons for delay Upon Arrival in the US/UCI Change of address Change of work site Change of legal name Change in financial support Travel Completion or termination of employment SEVIS Reporting Requirements

Paperwork to a J extension request for a DS 2019 Please go to our website at http://www.ic.uci.edu/, click on UCI Departments and go down to J scholars.Click on Extending a J-1 Scholar. There you will find the steps that need to be completed. Complete Form C and the AP-21 (AP-Px1), signed by the dept. chair. Attached a copy of the most recent I-94 card (the scholar needs to provide this each time an extension is processed), and updated financial evidence, if not funded by UCI. If the scholar is in a WOS academic appt., then she must show evidence of funding that meets a minimum amount of $1600/month, and $450/month for each dependent. Attach recharge form Send this packet to the IC via email attachment, campus mail, or hand carry. (faxes not accepted. An email will be sent to the dept. contact when the DS 2019 has been extended. The can then be updated in the UCI system once the scholar shows you the extended DS 2019.

Bars related to the J-1 Fact or Fiction

J-1: 12 Month Bar • Not eligible for new program in Research Scholar or Professor category if present in U.S. in any J category for any or part of the previous 12 months; exceptions: • Short-term Scholar • Is transferring in J-1 status

24 month Bar • Any scholar who participates in a J-1 Professor or Research Scholar category is subject to a 24-month bar on “repeat participation” in those categories. • Cannot start a new J-1 Research Scholar/Professor program for two years after completion of current program. • Does not prevent the scholar from returning to the US in other J categories (i.e. Short-Term Scholar) or in any other visa category such as B-1/B-2, WB/WT, F-1, etc. • Applies to Research Scholar or Professor only (#4 on DS-2019) • Favorable option- use J-1 Short-term Scholar category when scholar come to UCI for less than 6 months

Two-Year home residency rule • J-1 visitors subject to this rule must return to their country of last legal residence for two years. • Does not have to be fulfilled immediately and may be in increments as long as it adds up to 2 years total. • Those subject cannot change status to H-1B (temporary employment), L-1 (intracompany transfer) or Permanent Residence (Green Card) without a waiver. • May return to the US in other visa category such as J-1, F-1, B-1, B-2, WB, or WT etc.

J-1: Two year Home Residency212(e) • Must return to country of residency for at least two years, or apply for a waiver to this requirement, before transitioning to H-1B, L or U.S. Permanent Residency • Cannot complete a change of status to any other non immigrant visa

J-1: Who is subject to 212 (e) Direct US or Home Government Funding • Directly paid from home country or U.S. government. Funding received as salary from UCI is not considered government funding for this purpose. The Exchange Visitor Skills List • Areas of specialization identified as being in short supply by scholar’s government.- updated- 6/2009 Where to look Bottom left hand side of DS-2019, the Consular Officer signed and indicated the preliminary endorsement of 212(e) requirements • Bottom annotation of J-1 visa stamp, i.e. “Bearer is subject to 212(e).”

Important Reminders • Please always use the most-up-to date forms download from http://www.ic.uci.edu/UCIDepartments/invitingj1.php. The IC does not accept J applications by fax. • Notify our office of the following changes: • Funding source or amount • Title/position, including change in effort percentage • Termination or completion (complete the Scholar Departure Form-found athttp://ic.uci.edu/forms/index.php) • Site of activity • Travel outside the U.S. for more than 30 days • Appointment file be in progress prior to submitting J application • Offer letters or AP form must included with J application.

Important reminders • Change of status (COS) cases (commonly F to J) are taking ~90- days so submit COS cases no later than 120 days before previous status is going to expire. • List TOTAL funding on form B for the period you are requesting. • Financial verification must show conversion to US dollars. • Copy of I-94 card from scholar’s passport to extension request (form C)

On-going Programs • J Scholar orientation- Online-found on the IC front page under J-1 Scholars- and is available for scholar and dependents. • Cultural Exchange Program • Quarterly Scholar Mixer- announcement sent out on listserv • Current programs can be found at http://www.ic.uci.edu/, under PROGRAMS

Additional Training • The IC will provide workshops on how to process J request paperwork upon request at your location • We provide one on one training on how to process J request paperwork upon request

Important Information on the IC website • Sign up for the dept. listserv: http://ic.uci.edu/departments/index.php

Questions/Discussion

International Center