IC_J Training_Scholars-2010

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					   International Center

   J-1 Process Workshop
Sheila Cech, J Scholar Advisor
      October 20, 2010
UCI International Center Mission

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.
     What is the J Exchange Visitor
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:
    UCI International Population
   Researchers, Faculty & Staff: 1165
       J-1 Scholars:    825
       H-1b Scholars:   214
       Other:           126

   Students:           1,775
       Undergraduate: 387
       Graduate: 954
       OPT: 323
       EAP: 111
     J-1: Exchange Visitor Program
               The 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
   At UCI used for Research and Teaching
    (there are always student categories)
   Managed through the Student and
    Exchange Visitor Information System
    (SEVIS)- Department of Homeland
               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
   Insurance requirements
    Titles Eligible for J Sponsorship
   Depts. must attach a copy of the AP-21 or appointment letter with forms A and B (form C
    for extensions)
   Visiting Professor series
   Visiting Professional Researcher series
   Visiting Project Scientist series
   Project Scientist series
   Specialist Series
   Professional Research series
   Adjunct Professor series
   Health Sciences Clinical Professor series
   Lecturer
   Junior Specialist (job description must require a minimum of a bachelors’ degree)

   Depts. must attach a copy of the AP-390A Form with forms A and B (form C for extensions)
   Postdoctoral Scholar-Employee
   Postdoctoral Scholar-Paid Direct
   Postdoctoral Fellow
   Postgraduate Researcher grandfathered title- No new appointments are made to this title.

   Depts. must attach a copy of offer letter
   Staff Research Associate- II and above

   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: Departmental Responsibilities
   Dates on Form B and DS             Insure that scholar will
    2109 should reflect actual          engage only in activities
    dates engaged in UCI project.       consistent with the intended
   Scholars should be                  program
    encouraged to use the 30 day       Scholars are expected to be
    pre-period to get acclimated        at UCI during dates listed on
    before beginning project            DS 2019. Scholar Travel that
   Clarify expectations with the       exceeds 30 days require
    scholar regarding University        special notation in SEVIS.
    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
    J-1: Financial Requirements
   Monthly Minimums:
    • $1,600 scholar
    • $500 spouse; $300 child
   Verification for non UCI funds
    • 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
        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
              J-1: Time Limits
   Short-term scholar: 6 months max.
   Professor/Research Scholar: 5 years max.
   Scholar may enter U.S. 30-days before
    the start date on DS 2019
   Scholar must report to IC and UCI
    department on the start date listed in
    section 3 of DS 2019 form- select start
    date carefully.
   Scholar has a 30 Day Grace Period after
    completion of program to remain in the
    U.S. for own personal business
More about the Short-Term Scholar
 Can be used for stays in the USA up to 6 months in
 Does not subject the scholar to the 12- or 24-month bars.
 Can return as a Research Scholar/Professor any time in the
 Can be used for multiple separate visits.

 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.
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:
1)   Short-term Scholar
2)   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-
   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 Residency
   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).”
    J-1: Employment Limitations
   Limited to UCI and area specified on
    visa document
   Change of Department requires IC
   MD: limited to incidental patient
    contact only
   Occasional short-term consultation or
    lectures outside may be approved by
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
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
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.
    To Whom It May Concern:

    The DS-2019 for the above-mentioned scholar was mailed out on DATE via Federal Express.
    The tracking number for the package is: TRACKING NUMBER.

                                       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), you must check in with the UCI
    International Center (IC) so that your SEVIS record can be validated. Please complete a CHECK IN FORM
    (found at, NEW SCHOLARS) and make photo copies of the important
    immigration documents listed below (and those of J-2 dependents) and bring to the IC:
   Biographical page of your passport
   J visa
   I-94 card (small white card given at port of entry)
   Stamped DS 2019
   J Orientation receipt (see Step 2 below)
   IC check-in hours: Monday, Tuesday, Thursday and Friday between 9 am and 12pm. Please note the
    International Center is closed on Wednesdays.

   In addition to reporting to the International Center you must contact your Academic Department. After
    checking in with the IC, you will receive written confirmation of your successful check-in to take to your
    UCI department to initiate the employment process required for you to have access to UCI facilities and

   Step 2: Complete J-1 Scholar Orientation
   The US Dept. of State requires that all J scholars attend a J Orientation which is available at the
    International Center website-
   When you have completed the orientation, you must print out a receipt which you include when you check
    in at the IC.

   Step 3: Apply for a Social Security Number
    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:
   NOTE: Your SEVIS record must be validated prior to applying for the Social Security Number otherwise your
    record will not appear in the Social Security database. * A new program start date must be reported in SEVIS if
    the prospective J-1 scholar is unable to report to UCI by the program start date in section 3 of the DS 2019. If the
    scholar’s first day at UCI changes from the date listed on the DS-2019, please contact Sheila Cech at so
    that the SEVIS record can be updated.
   * The department must notify the International Center when a scholar plans to leave the U.S. for more than 30 days
    while continuing the J program
   * When the scholar leaves UCI or is terminated for any reason. (Student/Scholar Departure Form can be found at:
    SEVIS Reporting Requirements
   Change of start          Change of legal
    date                      name
   Reasons for delay
                             Change in financial
   Upon Arrival in the       support
                             Travel
   Inactive Record
    after 30 days            Completion or
   Change of address         termination of
   Change of work            employment
            Important Reminders
   Please always use the most-up-to date forms download
    from 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 at
     • Site of activity
     • Travel outside the U.S. for more than 30 days
   Appointment file be in progress prior to submitting J
   Offer letters or AP form must included with J application.
        J-1: Travel Requirements
   Complete IC TRAVEL FORM-, under
   Must obtain travel signature on DS-2019. Walk-
    in signature hours: Tuesday/Thursday, 2:00-
   Must have valid visa to re-enter: exception to
    Canada & Mexico, if less than 30 days (some
   Be prepared for delays if new visa is needed
   Stay outside US for 30+ days require further
    documentation and dean’s approval.
    If new visa is needed for return to
   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
   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.
                Visa Delays
   See NAFSA hand-out

   DoS Visa Wait Times
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
       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
    • 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.
           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.
   Address on form B, pg.2 incomplete
   Financial verification must show
    conversion to US dollars.
   Attach front/back copy of I-94 card from
    scholar’s passport to extension request
    (form C)
           17-Month OPT Extension
E l i g i b i l i t y Re q u i r e me n t s

1. Your CIP code (Classification of Instructional Programs) which is the accepted federal
government statistical standard on instructional program classifications* will verify if
your major qualifies for the 17 month OPT extension. This code is displayed on the third
page of your I-20 as of Spring 2008.
2. Students currently on OPT who hold a STEM degree (Science, Technology,
Engineering, Mathematics) are eligible to apply for a 17month OPT extension for a total
of 29 months.
3. Additional requirements:
   The student’s employer must be registered in the government sponsored E-Verify
   The employer agrees to report to the Designated School Official (IC) any student’s
change of name or address and interruption of employment
   The student must agree to periodically report to the IC
   Student must be in the 12 month period of OPT
   Employment must be directly related to the student’s major area of study
   Successful completion of a bachelor’s master’s or doctoral degree on the DHS
STEM list
   Has not received a 17 month OPT extension after earning a STEM degree
               On-going Programs
   International Club
   J Scholar orientation- Now online- found on the IC front page- and is available for
    scholar and dependents.
   Cultural Exchange Program
   International Friendship Circle
   Start to Finish
    The International Center will be providing free coffee/tea and snacks at the
    beginning and end of each week. In addition, these coffee hours will provide
    students with the opportunity to meet each other as well as advisors from the IC to
    engage in conversations about student life at UCI. We encourage you to attend and
    bring your friends! We’re looking forward to seeing you.
    Mondays from 8:30am-9:30am
    Fridays from 4:00pm-5:00pm
   English Corner- The English Corner is a conversational program that is a great way
    to meet new people and improve conversational skills. Please bring your friends
    and come to meet lots of new people! Meetings are EVERY Monday from 4:30-
    5:30pm at the IC.
   Quarterly Scholar Mixer - The International Scholar Mixer is an outreach activity for
    new scholars (researchers, post-docs, faculty) to provide them with an
    opportunity to meet and connect with other new and continuing scholars, ask
    questions to the IC staff and learn about valuable UCI and community resources.
    The objective of this activity is to promote a positive and productive acclimation to
    life at UCI and the Irvine community. Next mixer is scheduled for 6/17, 4-6pm, IC
          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
   All forms-

   Sign up for the dept. listserv:

    IC staff contact information:
     International Center Staff Contact List
Name                   Questions E-mail                                       Phone
Anna Wimberly          Center management,      X7249/x7757
Director               SEVIS & immigration
Zara Syed              F-1,J-1 Students;               x7249
Asst. Director         SEVIS Student records

Christine McCarthy     H-1B,O-1, TN,PR              x7249
Asst. Director

Alegria Busso          F-1 & J-1 Students,            x7249
Student Advisor        student programs

Sheila Cech            J-1 Scholars                    x4726
Scholar Advisor

Mia Navas              J-1 Intake Advisor,            x7249
                       Student/Scholar services,
Personnel Specialist   Campus Liaison for
                       employment eligibility & I-9

Ashley Browne          Front Office assistance         x4453
International Center   Document mailing
Assistant              assistance
Archana Sheth          Front office manager           x0339
Advising/Programs      Student document
Assistant              preparation (I-20/DS