The J1 Visa - Colorado College

Quick Links Preparing for a J-1 Visa SEVIS J-1 Rules

The Exchange Visitor Program is carried out pursuant to the Mutual Educational and Cultural Exchange Act of 1961. Its purpose is to enhance the understanding between the people of the United States and the people of other countries through educational and cultural exchanges.

Through the Exchange Visitor Program, international scholars may visit the United States temporarily to teach, lecture, study, observe, conduct research, consult, train, or demonstrate special skills. Colorado College is a designated sponsoring organization to facilitate the entry of international scholars into the United States to complete the objective of the program categories for J-1 visas. At the conclusion of their visit, participants are expected to return to their home countries.

The Office of International Programs administers the Colorado College's Exchange Visitor Program and issues the Form DS-2019 that exchange visitors use to apply at an American embassy or consulate for the J-1 visa to enter the United States. To be consistent with the legal terminology, in this document we will refer to "international visiting faculty" as "J-1 exchange visitors."

If you have been offered employment by Colorado College, you should be in communication with a faculty member who is helping you with the details of your arrival.

Someone from International Programs will contact you for detailed information (current email and mailing address; birth date; city and country of birth; country of citizenship; country of legal permanent residence; proof of health insurance; and if you have previously been a J-1 exchange visitor in the United States, the end date of the most recent J-1 program) in order to complete the form DS 2019.

The Dean's Office will send the Form DS-2019 and your contract letter to your mailing address.

Once you receive your DS-2019 from Colorado College you can make an appointment with the U.S. Embassy/Consulate to apply for your J-1 visa. Be sure to submit your SEVIS payment in time to allow the processing of the payment to be completed 3 days prior to the visa interview. Fees will not be payable at the consulate.  Bring your receipt of payment of the SEVIS fee along with your valid passport and your Form DS-2019 to the visa interview. The application process varies from country to country, so you should contact the consular office in your country regarding its visa application process prior to making the application.

The U.S. Department of Homeland Security (DHS) now requires the collection of a one-time SEVIS fee of $180 from certain J-1 Exchange Visitor students and scholars. This fee is being collected to fund operation of the Student and Exchange Visitor Program Office, which has oversight over SEVIS - the Student and Exchange Visitor Information System.

Please visit the newly upgraded web site dedicated to the SEVIS fee http://www.fmjfee.com

Exchange-Visitors Not Required to Pay the SEVIS Fee

The following exchange visitors are not required to pay the SEVIS fee: 

1. J-1s sponsored by the U.S. federal government: No SEVIS fee is due for a J-1 exchange visitor who is coming to the United States as a participant in an exchange visitor program sponsored by the U.S. federal government (i.e., Fulbright).
   
2. J-2 dependents:  J-2 dependents are not required to pay a separate SEVIS fee in order to obtain J-2 status or during the time the J-2 remains in that status.

Exchange-Visitors Who Are Required to Pay the SEVIS Fee

The following exchange visitors are required to pay the SEVIS fee if their form DS-2019 was issued on or after September 1, 2004: 

1. An individual applying for a J-1 visa for initial participation in a program
   
2. An individual in the U.S. applying for a change of status to J-1
   
3. An exchange visitor who is in a U.S. government sponsored program and who is transferring to a non-U.S. government sponsored program
   
4. An exchange visitor applying for a change of category (example: J-1 student to J-1 researcher)
   
5. A J-1 exchange visitor applying for reinstatement for a substantive violation

Time of payment of SEVIS fee:

A J-1 student or scholar, who is subject to payment of the SEVIS fee, must remit the fee directly to DHS by completing Form I-901 electronically using the Internet or by mail as follows:

1. Applying for the J-1 visa abroad: The SEVIS fee should be processed by DHS at least three business days prior to the consular interview. Fees will not be payable at the consulate. The following steps are a guideline for obtaining a J-1 visa from abroad:
   
   • Receive DS-2019 from the Exchange Visitor Program.
   • Make visa appointment with U.S. Embassy/Consulate.
   • Submit SEVIS fee payment in time to allow DHS to process payment at least 3 days prior to visa interview.
   • Print SEVIS fee payment receipt from Internet or wait to receive form I-797 receipt from DHS via mail and submit receipt with visa application.
   • Receive J-1 visa stamp in passport from U.S. Embassy/Consulate.
   • Enter U.S. up to 30 days PRIOR to the start date indicated on the DS-2019 and no later than 30 days AFTER the start date indicated on the DS-2019.
   • Report to the Services for International Students & Scholars to validate program no later than 30 days AFTER the start date indicated on the DS-2019.
     
2. Entering U.S. by individuals exempt from the visa requirement : The SEVIS fee should be processed at least 3 business days prior to applying for admission at a U.S. port-of-entry by non-immigrants, who are exempt from the visa requirement (i.e., citizens from Canada, Bermuda, and other island countries listed in 8 CFR 212.1).
   
3. Change of J-1 category : A J-1 student or scholar applying for a change of category within the U.S. (i.e., J-1 student to J-1 research scholar) must pay the SEVIS fee prior to the Exchange Visitor Program approving a change of category
   
4. Changing status to J-1: A non-immigrant in the United States seeking a change of status to J-1 student or scholar must pay the SEVIS fee prior to submitting the application to USCIS for change of non-immigrant status.
   
5. Applying for reinstatement: A J-1 student or scholar, who is applying for reinstatement after a substantive violation or who has been out of program status for longer than 120 days, but less than 270 days during the course of his or her program, must pay the SEVIS fee prior to applying to the Exchange Visitor Program for reinstatement to J-1 status.

Note: SEVIS fees are transferable. If an applicant pays the SEVIS fee in connection with a previously issued DS-2019/SEVIS ID number other than the one associated with the document that s/he actually uses to apply for a benefit (new J-1 visa, change of status, reinstatement), it is strongly recommended that s/he submit a copy of the DS-2019 that is connected to the paid SEVIS fee, in addition to the original current DS-2019.

Circumstances where no new fee is required:

J-1 students and scholars, who have previously paid the SEVIS fee prior to obtaining his or her current status, are not required to pay a new SEVIS fee in connection with:

1. An application for an extension of stay in the current program.
   
2. An application to transfer between programs in the same exchange visitor category where no differential fee exists (i.e., transfer between two non-fee-exempt exchange visitor programs or transfer between two fee-exempt exchange visitor programs).
   
3. A re-application for a J-1 visa following denial of visa application by consular officer, as long as the re-application occurs within 12 months of the original denial notice.
   
4. A motion to re-open a change of status application, which was previously denied for reasons other than failure to pay the SEVIS fee, as long as the motion occurs within 12 months of the original denial notice.

Procedures for payment of the SEVIS fee :

1. On-line submission of Form I-901 ( www.FMJfee.com ) to DHS using a credit card (Visa, MasterCard, or American Express accepted).
   
2. Mail-in submission of Form I-901 to DHS address on form, along with the $180 SEVIS fee paid by check, money order, or foreign draft drawn on a financial institution in the U.S. and payable in U.S. currency.

Another person (friend or family) can make the payment for an exchange visitor by one of the two methods above.

Receipts:

DHS will issue and mail an official paper receipt (I-797) acknowledging every payment regardless of payment method. Express delivery service for the I-797 receipt may be requested at an additional cost. Anyone who submits an individual fee electronically will be able to print out an electronic receipt immediately at the time of payment for use in advance of the mail delivery of the official paper receipt.

Although SEVIS fee payments will be recorded by DHS in the J-1 students' and scholars' SEVIS records and will eventually be used by government officials to document the SEVIS fee payment, it is recommended that a SEVIS fee receipt be used to request any status-related benefit (i.e., application for visa, admission at U.S. port-of-entry, application to change status).

NOTE: DHS will not refund the SEVIS fee if J-1 students and scholars are not granted a visa or choose not to come to the U.S. after their visas are granted.

This information on the SEVIS Fee is taken directly from Services for International Students and Scholars of NAFSA.

Once you have visited your U.S. Consular Officer and have successfully acquired a J-1 visa, please communicate your arrival details with your faculty host. You have 30 days before and after your program's beginning and end dates for travel. Please contact the International Studies Program when you arrive on campus, so we can greet you, and validate your arrival with SEVIS.

Please print the J1 Exchange Visitor Rules (pdf), read, sign and mail back to Colorado College.

Maintaining Legal Status

J-1 exchange visitors are at all times expected to maintain the following:

1. a valid Form DS-2019
   
2. a valid I-94 card
   
3. a valid passport for at least 6 months into the future (for both you and your dependents) (To extend your passport, you must contact your home country embassy or consulate for the procedures to follow. Be sure to contact your embassy at least 9 months prior to the expiration of your passport to ensure timely processing.)
   
4. maintain adequate health insurance coverage for yourself and your dependents as required by federal regulations
   
5. pursue the activity as described in #4 on your Form DS-2019
   
6. only engage in employment in the department for which your program has been approved
   
7. file timely and appropriate transfer and extension notification through the International Studies Program

If you plan to travel outside the U.S., please visit the International Studies Program with your Form DS-2019 for travel endorsement at least two weeks prior to your departure date. Otherwise, you may not be able to return to the United States.

Length of Stay and Extensions

The length of stay for a J-1 exchange visitor on a professor category is 5 years. If your Form DS-2019 is expiring and you have been asked to extend your stay, you must request an extension with the International Studies Program. Extension is an option, provided you have not utilized the maximum five year period.

J-1 exchange visitors on the short-term scholar category can only stay for a period up to 6 months.

Important points to remember:

1. J-1 exchange visitors on a professor or research scholar category have a maximum of 5 years to be in this status. This refers to total time, so if you have transferred programs from another institution, the time at that institution counts toward the 5 years. Six month extensions beyond this 5-year maximum are possible under certain circumstances (such as unanticipated changes in research or delay in the anticipated completion of a research project.)
   
2. All J-1 exchange visitors are required to have health insurance for the entire time they are in J status. This includes all dependents. This insurance must meet the requirements set forth by the State Department and is required by law. If you do not have a have health insurance, you will be in violation of your visa.
   
3. Your passport must be valid for at least 6 months past the beginning date you are requesting on the extension.

Limitations

The "24 month bar":
If a J-1 exchange visitor has been in the U.S. for 6 months or more in any J-1 status, including J-2 dependent, during the 24 months immediately preceding the start of a new program as a Visiting Professor or Research Scholar, he or she will be "barred" from beginning a new program for a full 24 months from the ending date of the previous program. This is referred to as the "2 year bar". For example, you are planning to accept employment as a J-1 exchange visitor and you have previously worked at another institution under a J-1 visa for more than 6 months, and you completed this visit only six months ago. In this case, you would be "barred" from getting another J-1 visa until a 24-month period has passed since the completion date of your last J-1 visa. In another scenario, you plan to return as a J-1 exchange visitor after teaching for more than 6 months last year. However, you would be "barred" from returning until 24 months had passed since the completion of your last visit. The "2 year bar" does not apply to a visitor that has been on the short-term category, or to those who will begin a program by transferring to a new program sponsor under the transfer procedures.

Transfers from/to Colorado College

A J-1 exchange visitor in any category may transfer from one program sponsor to another if the purpose of the transfer is to complete the objective for which he or she was admitted. The transfer is accomplished through correspondence between the two responsible officers of both institutions and the J-1 exchange visitor. Any employment under the new sponsor may not commence until the transfer has been approved and transfer procedures must be completed before terminating employment from the institution from which you are transferring.

J-1 exchange visitors wishing to transfer from Colorado College must contact the International Studies Program, and the respective office of the new institution to initiate the process in the Student Exchange Visitor Information System (SEVIS).

You must begin the transfer process at least 60 days prior to the proposed starting date with the old and new sponsor to allow for the processing of paperwork.

J-1 exchange visitors are not allowed to change categories (from research scholar to student for example) through the process of transfer. Changes of category can only be accomplished generally through a process of departing the U.S. and applying for a new visa to enter under the new category.

A J-1 exchange visitor in the professor or research scholar has a maximum of 5 years to be in this status. This refers to total time so if you have transferred programs from another institution, the time at that institution counts toward the 5 years. Six month extensions beyond this 5-year maximum are possible under certain circumstances, such as unanticipated changes in research or a delay in the anticipated completion of a research project.

Travel Abroad Information during your visit at Colorado College

When traveling outside the U.S., J-1 exchange visitors must have in their possession the proper documents to return to the U.S. to resume their activities. These documents are:

1. valid passport (for at least 6 months into the future)
   
2. valid J-1 visa stamp in passport
   
3. Form DS-2019 authorized for travel by designated SEVIS officer at the International Studies Program Office (the authorized signature space is on the front of Form DS-2019)

Employment

J-1 exchange visitors are eligible to engage in the educational activities as outlined on their Form DS-2019. Your employment is both job and site specific, as stated on the Form DS-2019. A change in department or to another category of job is not permitted.

Off Campus Consultations and Lectures:
The Department of State allows for occasional lectures and consultations that are incidental to the J-1 exchange visitor's main activity. Wages are allowed if the following criteria and procedures are satisfied:

1. The occasional lectures or short-term consultations:
   • shall be directly related to the objectives of the J-1 program.
   • participation shall not delay the completion of the program

Required Documents:

1. letter from the inviter setting forth the terms and conditions of the offer to lecture or consult, including the duration, number of hours, field or subject, amount of compensation and description of activity
   
2. letter from Colorado College department chair recommending the activity with an explanation as to how such activity will enhance the individual's program.

Dependent Information

J-2 dependents are defined as a spouse or an unmarried minor child of a J-1 exchange visitor. If you plan to be accompanied by your spouse or your children, you must send their place of birth, birth date, occupation, and citizenship to the International Studies Program to complete their Form DS-2019.

J-2 dependents:

1. may enter the U.S. along with or after the J-1 exchange visitor, but never before
2. may be employed with approval from the U.S. Citizenship & Immigration Service (USCIS)
3. J-2 Work Authorization Link: http://international.missouri.edu/isss/scholars-j1/j-2work.shtml
4. must have their Form DS-2019 to enter the U.S. and to travel and re-enter
5. may not remain in the U.S. in J-2 status after the J-1 exchange visitor departs the U.S. unless the absence is temporary