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Overview
Sponsoring an Individual in J-1 Status
Employment Authorization and Conditions
Extension/Transfer of J-1 Programs
Instructions, Forms and Handouts

Overview

The Exchange Visitor Program, administered by the USDepartment of State (DOS), allows the University of Pennsylvania to use the J-1 Exchange Visitor visa status to invite or employ foreign professors, research scholars, short-term scholars and specialists in the United States temporarily (a maximum of five years).

Most J-1 appointments at Penn fall into one of the following four categories:

1. A Research Scholar is "an individual primarily conducting research, observing, or consulting in connection with a research project" and "may also teach or lecture unless disallowed by the sponsor." This is the most common designation at Penn.

2. A Professor is "an individual primarily teaching, lecturing, observing, or consulting" and "may also conduct research unless disallowed by the sponsor."

3. The Short-term Scholar category permits individuals to come to Penn for short-term academic exchange for the purpose of lecturing, consulting or research. Extensions beyond the six-month period are not permitted. Persons in this status may receive compensation from Penn, including reimbursement for expenses, honorarium and/or salary.

4. J-1 Specialist is "an individual who is an expert in a field of specialized knowledge or skill coming to the US for observing, consulting, or demonstrating special skills." This designation is limited to one year only.

The J-1 Exchange Visitor category may not be used for the following:

• The employment of persons in nonacademic staff positions
• Tenure-track or tenured faculty appointments
• Foreign medical graduates who will be engaged in clinical activities, including training. The Educational Commission for Foreign Medical Graduates (ECFMG) issues J-1 visas for the purpose of graduate medical training.
• Clinical appointments to the Schools of Dental or Veterinary Medicine or affiliated centers.

Length of Stay

Most J-1 programs require a minimum stay of three weeks and allow a maximum stay of five years. The short-term scholar category allows an exchange visitor to enter even for a day or two, with a maximum stay of six months. At the end of a scholar's J program, they are given a 30-day grace period in which they can remain in the US, but must not be employed. During this time, they can apply for a change of status or depart the US.

Sponsoring an Individual in J-1 Status at Penn

The hosting department must consider the following responsibilities and criteria of the J-1 status before appointing a scholar in J-1 status:

• Departments must ascertain that the international scholar has appropriate academic credentials (including English language proficiency) to be appointed to and benefit from an academic affiliation with the University.

• The scholar and any accompanying dependents must have adequate financial support and health insurance coverage (see below) to be eligible for J-1 status. The University is required by federal regulations to obtain evidence of this.

• The intent of the appointment/affiliation with the University must be temporary, and the visitor must plan to return home upon completion of the educational objective.

• The exchange visitor may only perform duties limited to the preestablished educational objectives as stated on the DS-2019 form. Any additional employment must be incidental to the visitor's primary program activities, must be directly related to his or her original objectives, and must be authorized by ISSS.

• The exchange visitor must be in the correct status and on Penn's sponsorship before he or she can commence employment and receive any payment or compensation.

• An exchange visitor may not change departments within the University without first obtaining approval from ISSS. See guidelines for transfer of departments.

• Departments should notify ISSS of terminations/departures of exchange visitors.

The primary advantages of the J-1 status are that it can be obtained relatively easily and quickly, and that it usually allows the spouse and dependents holding J-2 status to work while in the US. There are also tax advantages, including the fact that J-1 exchange visitors usually do not have to pay FICA in their first two years that they are in the US.

Scholars who are unsure of their future plans with respect to employment in the US and who would be subject to the two-year home country residence requirement would do well to consider alternative visa classifications.

The form DS-2019 is the document required for a scholar to obtain a J-1 exchange visitor visa. This form is issued by ISSS upon receipt and review of the J-1 Application Packet submitted by the hosting department.

Plans to invite a J-1 scholar should begin three to four months in advance of the start date of the appointment to allow for document preparation, mailing immigration documents, and visa processing. In some cases, scholar may experience significant delays in visa processing due to increased US government security requirements.

If the scholar is outside of the US, the department should send the form DS-2019 to the scholar via airmail. The scholar will then take the DS-2019 to the US Embassy or consulate to get their entry visa. If the scholar is in the US under the sponsorship of another J-1 program and wishes to transfer their J-1 status to Penn, please see Extension/Transfer of J-1 Sponsorship below.

Employment Authorization and Conditions

The J Exchange Visitor status carries with it certain obligations unique to this designation. In general, J visa holders have conditions on their stay in the US and return to their home country, employment, and health insurance coverage.

Two-Year Home Country Residency Requirement

J-1 individuals who have received direct funding from their government or the US government, or whose skills are deemed to be in short supply by the home country (i.e. on the "skills list"), are obliged to leave the United States upon completion of their programs. These scholars may not change their immigration status to another nonimmigrant category permitting employment, such as H-1B status, or adjust their status to that of permanent resident until they have completed the obligatory stay of two years in their home country. In some cases, this requirement may be waived upon recommendation of the home government, or on other grounds. The final authority to grant the waiver lies with the US Information Agency (USIA). The two-year home country residence requirement does not, however, apply in all cases, since there are many countries that do not maintain a list of skills in short supply.

Health Insurance Requirements

In addition to the two-year home country residence requirement, J-1 scholars must also carry adequate health insurance for themselves and any accompanying dependents in order to maintain valid status. As of September 1, 1994, regulations require all J-1 and J-2 visa holders to have health insurance.

Incidental Employment

J-1 professors, researchers and short-term scholars may participate in occasional (or single-event) lectures and short-term consultations, but only with the prior permission from the J-1 program sponsor. Incidental employment must not interfere with the program described on the DS-2019 form, must be directly related to the objectives of the exchange visitor's program, must be incidental to the program activities, and must not delay the completion of the visitor's program. (22CFR 514.20(g)(1).

The procedure for acquiring permission requires the individual to present to ISSS:

1. a letter of offer setting forth the terms and conditions of the offer, the amount of compensation, and the description of the activity; and

2. a letter from the head of the J-1 scholar's department recommending such activity and explaining how it would enhance the exchange visitor's program.

If the J-1 Responsible Officer approves, he or she will authorize the employment in writing. For employment considerations, please ask the scholar to visit ISSS for a more detailed discussion.

Extension/Transfer of J-1 Sponsorship

If a department wishes to extend the appointment/affiliation of the J-1 scholar with the University, they must complete a J-1 Exchange Visitor (DS-2019) Application Packet (fillable PDF) and return it to ISSS at least one month before the scholar's current J-1 expires (date as noted in section 3 of Form DS- 2019).

If a J-1 Scholar wishes to transfer from one J-1 sponsor to another, he or she must seek clearance from the original program sponsor. Once the program sponsor (the International Programs office) has transferred the scholar's SEVIS record and the new institution has produced a DS-2019, the scholar is then considered under the sponsorship of the new program. The scholar may not take up employment with the new program until the transfer process has been successfully completed. The transfer of J-1 program sponsorship must be completed prior to the individual's termination from the previous J-1 program and before the current DS-2019 form expires. For scholars transferring to the University of Pennsylvania, Penn departments should complete the entire Initial Department Request Form, including the Transfer In Request for J-1 Scholars. Please note that time spent in a previous program(s) prior to the transfer will be counted toward the five-year maximum.

If a scholar wishes to transfer between departments at the University, please refer to the transfer guidelines.

Instructions, Forms and Handouts

• J-1 Department Request Form and Instructions (fillable PDF)