J-1 Visa Information for Colorado College Departments
The J-1 visa website of The International Center at the University of Missouri-Columbia was used as a guide in the formation of the J-1 visa information of the Colorado College International Studies Program website.
Bringing International Visitors to Campus
International visitors require additional planning, all of which is well worth the perspective and inspiration they bring to the campus and greater community. The ISP office has maintained a hosting checklist that details tasks for chairs, faculty hosts, and staff assistants, as well as an arrival and departure checklist for the international visitors themselves, to serve as a guide to ensure a welcoming and smooth arrival and stay on our campus. As soon as you plan to offer a job to a candidate whose citizenship is outside of the U.S. it is imperative that you first contact the International Studies Program to address the immigration process. There are different visa types that can be used to bring in international scholars or visitors. It is important that the appropriate visa type is used for a scholar to enter the US. A scholar entering in an inappropriate visa type may mean that the college will be unable to pay the scholar for services rendered.
A quick summary of the various visa types follows:
B-1 or Visa Waiver Program:
Payment of expenses and honoraria to visiting scholars in “B” or visitor status is possible, but only if the arrangement is for a single event or short series of events and is limited to 9 days, and the number of visits per 6-month period is no more than 5. The payment must be an honorarium and/or for expenses, not salary, and will require a social security number (SSN) or a taxpayer identification number (ITIN). If the B visitor does not already have a social security number (SSN) they will not be able to get one, and will have to apply for the taxpayer identification number (ITIN). A machine readable passport is required.
J-1 Exchange Visitor
The J-1 Exchange Visitor visa is appropriate for scholars with the minimum of the equivalent of a U.S. Master’s degree or a Bachelor’s degree with extensive experience. It is for temporary appointments for a maximum period of 5 years, and is not appropriate for tenure track appointments. The International Studies Program at Colorado College must be provided with visitor information a several months beforehand to complete the application for this visa called a DS-2019 electronically and in order to allow time for the visitors to make an appointment with the consulate. Individuals in J status are eligible for a social security number (SSN), and therefore may not be paid using a taxpayer identification number (ITIN). They need to apply for a social security number.
H-1b
An H-1b is for temporary workers in a specialty skill occupation which require special skills and the minimum of a Bachelor’s degree. Maximum period available in this status is 6 years. H-1b is an appropriate visa for those in tenure-track positions while seeking a green card for the tenure-track hire. Contact the Dean’s Office to discuss initiating this process and the extra costs for the visitor and the College for choosing an H-1b over a J-1 visa.
Taxation and some payment issues:
For any international hire, there will be taxation and some payment issues (depending upon how departments will be paying the international scholar). Contact Timothy Heulsman at the Payroll office to discuss what these issues may be for your visitor: 719-227-8240.
Compliance with immigration regulations is critical to sustain our eligibility to invite visiting scholars/exchange visitors to our campus.
The International Studies Program are not staffed by lawyers and do not by any means provide legal consultation on immigration matters.
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J-1 Exchange Visitor Program
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 International Studies Program 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.
In order to allow for processing, and in anticipation of visa application processes at American embassies/consulates, please submit your request 60 days prior to the anticipated arrival date of the J-1 exchange visitor. The International Study Program will make every effort to accommodate situations that may require expedited processing.If you have any questions concerning J-1 visas, or the information required to complete the Form DS-2019, please contact Alison Hobbs at the International Studies Program Office, Charlotte.Blessing@coloradocollege, 719-227-8280.
In the initial process of preparing for the application for a J-1 visa there are a few things to consider:
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Refer to the document “Checklist for Hosting International Visitors” to prepare for your J-1 exchange visitor’s arrival.
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Many exchange visitors are from countries with socialized medicine and don’t realize the importance of maintaining insurance in the U.S. Most importantly we are concerned with their protection. In addition to this, the Department of State requires that we monitor that J-1 exchange visitors and all their J-2 dependants have insurance. If we do not comply with this regulation, we could lose our ability to issue J documents. If the J-1 exchange visitor is coming for less than a year they may need to pay extra for the required health insurance. Please review the section on health insurance for further detail.
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A J-1 exchange visitor under the professor or research categorycan teach in the United States for up to five years. However, if he/she has taught for more than 6 months, and has stayed beyond the end date of his/her J-1 visa, he/she will not be able to return under the J-1 visa for another 24 months. This is called the “24 month bar” and is a significant limitation of the J-1 visa to consider when you are making your long-term plans. For more information on this, as well as on the “Two-year home country physical presence requirement”, contact the International Studies Program.
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Please ensure that the scholar reports to the International Studies Program with immigration documents and proof of adequate health insurance (for J-1 exchange visitors who are here for less than a year) immediately upon arrival.
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Required Supporting Documentation and Information:
First you need to communicate with the dean of faculty, so he/she can prepare the letter of invitation. Once ISP has received a copy of the letter of invitation, the office will contact the visitor, preferably by email, to obtain the necessay information for the DS-2019. Once the DS-2019 has been prepared, the dean's office mails a complete set of papers to the visitor.
The ISP office needs the following supporting information about the visitor:
proof of health insurance if visiting for less than a year (refer to “Health Insurance Requirements”)
proff of adequate funding if funding comes from a source other than the department
a copy of the exchange visitor's resume
exchange visitor’s legal name, city and country of birth, country of citizenship and legal permanent residence, and if he/she has previously been a J-1 exchange visitor, the end date of the most recent J-1 exchange visitor program
biographical information about the J-1 exchange visitor’s spouse and children if the family intends to accompany the J-1 exchange visitor to the U.S. (birth date, city and country of birth, country of citizenship and permanent residence, and the relationship to the J-1 exchange visitor)
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Health Insurance Requirements
All J-1 exchange visitors are required to have and maintain health insurance, which includes coverage for repatriation and medical evacuation, for themselves and any accompanying family members (J-2) as a condition of their legal status in the U.S. To comply with this federal regulation, Colorado College requires that every person in J-1 status, including dependents, document their insurance coverage.
Colorado College’s health plan does not cover J-1 exchange visitors who are employed for less than a year.
The following are the health insurance requirements:
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Minimum Coverage - Insurance shall cover: (1) medical benefits of at least $50,000 per person per accident or illness; (2) repatriation of remains in the amount of $7,500; and (3) expenses associated with medical evacuation in the amount of $10,000.
Additional Terms - A policy secured to fulfill the insurance requirements shall not have a deductible that exceeds $500 per accident or illness, and must meet other standards specified in the regulations.
Links to Health Insurance Carriers:
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CISI Cultural Insurance Services International provides insurance for individuals and groups engaging in international or cultural exchange: http://www.culturalinsurance.com
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HTH Worldwide meets the needs of a globally mobile population, offering health and travel insurance products and web-based services to students, employees and leisure travelers: http://www.hthworldwide.com/index.html
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Length of Stay and Extensions
The length of stay for a J-1 exchange visitor is 3 years. If a J-1 exchange visitor’s Form DS-2019 is expiring and you plan to extend his/her stay, you must request an extension with the International Studies Program. Extension is an option, provided the visitor has not utilized the maximum 3 year period.
Important points to remember:
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J-1 exchange visitors in the professor or research scholar category have a maximum of 5 years to be in this status. This refers to total time, so if your J-1 exchange visitor has 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.)
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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 your J-1 exchange visitor does not have a have health insurance, he or she will be in violation of their visa.
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Your J-1 exchange visitor’s passport must be valid for at least 6 months past the beginning date you are requesting on any extension.
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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).
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 category has a maximum of 5 years to be in this status. This refers to total time so if your visitor has 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.
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Employment
J-1 exchange visitors are eligible to engage in the educational activities as outlined on their Form DS-2019. The J-1 exchange visitor’s 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:
Required Documents:
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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
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letter from Colorado College department chair recommending the activity with an explanation as to how such activity will enhance the individual’s program
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Once the DS-2019 is completed what are the next steps?
Once the Form DS-2019 is completed at the International Studies Program it will be brought to the Dean's Office. The Dean's Office will send the Form DS-2019 with the contract letter to the J-1 exchange visitor.
The J-1 exchange visitor then makes an appointment at a U.S. consul or embassy. Their SEVIS fee payment must be submitted in time to allow the payment to be processed at least 3 days prior to the visa interview. The SEVIS fee payment receipt must be submitted with the visa application. At the visa interview the J-1 exchange visitor will be required to show proof of financial support, citizenship (valid passport) and give a statement of his/her purpose for the visa. If dependents are accompanying the J-1 exchange visitor, they also will need to attend this appointment.
The J-1 exchange visitor will either be granted the J-1 visa, or be asked for more information, or possibly denied the visa. Denial of a visa is difficult to overcome. This is why we request that you ensure all the information submitted for the Form DS-2019 is accurate, including spelling of name, and city of birth.
When the visitor physically enters the U.S. at a port of entry, he/she will again be “inspected”, this time by the Immigration & Naturalization (INS). The visitor’s Form DS-2019 will be processed with an entry stamp along with the Arrival/Departure Record (Form I-94) indicating the entry date, port of entry date, port of entry, non-immigrant status and a designation of “D/S” (which means “duration of status”. )
Once the J-1 exchange visitor arrives on campus, he/she will need to come to the International Studies Program Office to establish an active J-1 Exchange Visitor Record. Under new regulations J-1 exchange visitors will be considered out of status (illegally present) if the SEVIS is not notified of their arrival by Colorado College within 30 days of their program start date (the date requested by the department and listed on the Form DS-2019.)
Note: If the J-1 exchange visitor’s entry into the U.S. is delayed it may be necessary to issue a new document with a new start date. Please contact the International Studies Program Office when entry is delayed.
Refer to the document “Checklist for Hosting International Visitors” to prepare for your J-1 exchange visitor’s arrival.
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J1 Visa Information - Important Definitions
Admission Number:
a unique 11-digit number assigned to non-immigrants as they enter the U.S. This number can be found on the I-94 Arrival / Departure Record.
Arrival / Departure Record:
Form I-94, which is processed at the port of entry, and includes USCIS Admission Number, date and place of entry, visa classification, and length of time the person is permitted to remain in the U.S.
Certificate of Eligibility (DS-2019):
form issued by an institution for a J-1 exchange visitor to use in applying for a visa to enter the U.S.
"D/S" - Duration of Status:
length of time for which a J-1 exchange visitor can remain in the U.S.
Employment Authorization Document (EAD):
a photo ID card issued by USCIS to authorize work permission. J-2 dependents must apply for an EAD in order to be granted authorization to work in the U.S.
Department of State (DOS):
The government agency that administers the J-1 program for the purposes of international exchange.
J-1 Exchange Visitor:
a non-immigrant who has been selected by an exchange visitor program sponsor for the purpose of increasing mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchange.
Non-Immigrant:
someone who is admitted to the U.S. for a specific purpose and temporary period of time.
Out-of-Status:
when a non-immigrant fails to comply with all of the conditions of his/her immigration status.
Passport:
biographical booklet issued by a national government to its citizens to allow for travel to other countries and return to home country.
Reinstatement:
an application procedure to have a non-immigrant visa status revalidated after falling out-of-status.
Responsible Officer (RO) or Alternate Responsible Officer (ARO):
employee of institution authorized to sign a Form DS-2019 for an Exchange Visitor Program.
SEVIS (Student and Exchange Visitor Information System):
an internet-based application for electronically tracking and reporting international students and exchange visitors in the United States. SEVIS enables schools and sponsors to transmit electronic information to the Bureau of Immigration and Customs Enforcement (BICE) and the Department of State (DOS) throughout a student’s or J-1 exchange visitor’s program in the U.S.
SEVIS Fee:
a $100 one-time fee to be paid by J-1 exchange visitors before arrival to the United States to fund the operation of the Student and Exchange Visitor Program Office.
Transfer:
procedure that notifies USCIS and DOS of a change from one institution to another.
“24 Month Bar”:
a J-1 exchange visitor regulation that prohibits an alien from beginning a new J-1 exchange visitor program if he/she was physically present in J-1 status (including J-2 status) for all or part of the 24 month period immediately preceding the date of program commencement set forth on his or her Form DS-2019. The exceptions are for those present for less than 6 months.
Two-year home country physical presence requirement:
a statute that requires J-1 exchange visitors who are subject to the two-year home country residence requirement to return to their “home” countries and be physically present for two years before being eligible to return to the United States.
U.S. Citizenship and Immigration Services (USCIS):
the U.S. government agency responsible for controlling the borders of the U.S. and for providing services to non-U.S. citizens in the U.S.
Visa:
a stamp in a passport indicating the classification in which one may apply for entry to the U.S.
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