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Office of International Services 320 Daniels Hall 515-2961 ois@ncsu.edu The Benefits and Advantages of the J-1 Exchange PowerPoint Presentation
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Office of International Services 320 Daniels Hall 515-2961 ois@ncsu.edu The Benefits and Advantages of the J-1 Exchange Visitor Program 11/10/2009. Other Events for Faculty and Staff. International Education Week : Nov. 16-20, 2009: http://www.ncsu.edu/oia/InternationalEducationWeek.html

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Office of International Services320 Daniels Hall515-2961ois@ncsu.eduThe Benefits and Advantages of the J-1 Exchange Visitor Program 11/10/2009

other events for faculty and staff
Other Events for Faculty and Staff
  • International Education Week: Nov. 16-20, 2009:

http://www.ncsu.edu/oia/InternationalEducationWeek.html

  • (Monthly)OIA Seminars: Globalization Strategies and International Services at NC State. Next session, Friday, Nov 13, 1-2pm, Erdahl-Cloyd Auditorium, DH Hill Library. “Increasing Study Abroad Programs at NC State” and “China Partnership and Program Development”:

http://www.ncsu.edu/oia/GlobalizationSeminar.html

  • OIS “Second Thursdays”, 11am-12pm: February 11, March 11, April 8 (varied locations and topics, TBD): http://www.ncsu.edu/ois/updates/
who will you find in ois

Who Will You Find in OIS?

Michael Bustle -- Director

Thomas Greene - Assistant Director

Derrick Lovick -- Assistant Director – Communications, Technology & Compliance

Kelia Hubbard – SeniorStudent & Scholar Advisor

Elizabeth Behringer – Senior Student & Scholar Advisor

Nieke Guillory – Office Manager (Student & Scholar Advisor effective 12/1/09)

Diane Armstrong -- Advising Assistant

Pascale Toussaint – Information / Admission Spec.

Lauren Ball -- Programs Coordinator

today s session will cover
Today’s session will cover…
  • Terms related to the J-1 Exchange Visitor (EV) Program
  • Description / eligibility overview of J-1 EV Program (for “Scholars”)
  • Responsibilities: EV, Department, OIS
  • Benefits of EV Program (some comparison with other visa options)
  • Challenges and limitations of EV Program
  • The GTI option
  • Some de-mystification
common acronyms and definitions http www ncsu edu ois immigration immig docs php
Common Acronyms and definitionshttp://www.ncsu.edu/ois/immigration/immig_docs.php
  • DHS – Department of Homeland Security
    • SEVP – Student and Exchange Visitor Program
    • SEVIS – Student and Exchange Visitor Information System (centralized database)
    • USCIS – US Citizenship and Immigration Service
    • ICE – Immigration and Customs Enforcement
    • CBP – Customs and Border Protection
  • DOS – Department of State (foreign affairs, including US consulates and embassies)
  • DS-2019 – host/sponsor-issued visa document for J-1
common acronyms and definitions continued
Common Acronyms and definitions (continued)
  • AT – Academic Training (off-campus employment option for J-1 students)
  • EAD – Employment Authorization Document (issued by USCIS and associated with certain visa types)
  • OPT – Optional Practical Training (for F-1 students)
  • CPT – Curricular Practical Training (for F-1 students)
  • RO / ARO – Responsible Officer / Alternate Responsible Officer (EV Program administrators)
visa options http www ncsu edu ois faculty hireint php
Visa Optionshttp://www.ncsu.edu/ois/faculty/hireint.php

OIS

  • Enrolled F-1 and J-1 students
  • J-1 “Scholars”
  • NC State SEVIS-sponsored
  • (Global Training Initiative)

Int’l Employment

  • Perm. Residents
  • H-1B, TN, O-1, E-3
  • (Visitor’s – B1/B2, Visa Waiver Program)
  • Post-completion student “trainees” (F-1 OPT and J-1 Academic Training)
activities allowed for j 1 scholars
Activities allowed for J-1 “Scholars”

Research

Observation

Consultation

Limited teaching

No full-time study,

tenure-track positions or

clinical fellowships

Temporary

Not an “employment” visa (not suitable for administrative, or “non-academic” positions)

slide9

Minimum eligibility criteria for a J-1 “Scholar”(host department must answer these questions first)http://www.ncsu.edu/ois/forms/depts.php

  • Bachelor’s degree in hand?
  • Proof of sufficient funding for self and family (Scholar: $1500/month; spouse: $600/month; each child: $333/month)?
  • NC State faculty supervisor?
  • Eligible for HR appointment (Dept. Head and possibly Dean’s-level approval)?
  • Previous J-visas? (24-month and 12-month “bars” on repeat participation): http://www.ncsu.edu/ois/research/1224bars.php
ev program responsibilities http www ncsu edu ois faculty deptresp php
EV Program Responsibilities http://www.ncsu.edu/ois/faculty/deptresp.php

OIS:

  • Issue and maintain visa support documents (process within 5 business days)
  • Educate, advise, and support campus (departments, students, Scholars) re: EV program regulations, benefits and requirements
  • Provide Temp ID # to be used in absence of SSn to create HR appointment profile
  • Communicate with parties involved with hosting EV
  • Follow all ethical and legal requirements as University employees and also as ROs and AROs of EV Program

Host Dept.:

  • Provide initial assessment of EV eligibility
  • Collect documentation begin DS-2019 request process early (90 days prior to start)
  • Do the hiring (submit to OIS complete DS-2019 request, provide personnel / HR and supervisory support for EV)
  • Send new hire and visa support material (DS-2019) to the EV
  • Provide resources (workspace, appropriate access and other logistical support)
ev program responsibilities continued
EV Program Responsibilities (continued)

Host Dept. (cont.):

  • Inform OIS and HRIM (if HR appointment profile already exists) of delays in arrival (a new DS-2019 is typically required to reflect new program start / end dates)
  • After scholar arrives, call OIS front desk to schedule J-1 check-in
  • Follow legal and ethical requirements

EV Scholar:

  • Provide to host department all required documentation in support of new hire and DS-2019 request
  • Using DS-2019 schedule and apply for visa interview at nearest U.S. consulate
  • Make travel and other logistical arrangements
  • Arrive to U.S. up to 30 days BEFORE the start date indicated on the DS-2019
  • Notify host department of late arrival or change in plans
  • After arrival to the U.S. check-in with academic department and OIS
  • Participate in and maintain activity as indicated on DS-2019
  • Follow all federal regulations related to maintaining legal status
benefits and advantages of the j 1 scholar option
Benefits and Advantages of the J-1 Scholar Option
  • Fast – supported by OIS (minimizes govt. involvement)
  • Cheap – no charge for processing DS-2019

-- no funding requirement put on department

-- no requirement for dept. to pay costs of EV’s return home

  • Flexible – funding sources and incidental employment

-- relative ease of payments

-- allows changes in and multiple “sites of activities”

-- range of activities

-- easy to extend (within max. durations)

  • Supported by OIS – unlike “Visitors” visa options
j 1 vs visitor visa
J-1

Temporary (shares, learns, returns home)

5 year max.

Consult, observe, research, teach

Allows employment

Allows payments

DS-2019 from OIS smoothes visa/entry process

Visitor (VWP, B-1/B-2)

Temporary (related to employment abroad)

3 or 6 month max.

Consult, observe, meet

Prohibits employment

Restricts all payments

Potential visa/entry confusion (no OIS support)

J-1 vs. “Visitor” visa
j 1 vs h 1b visa
No immigrant intent

5 year max.

Low/no-cost for dept.

Allows non-NC State funding / payments

Temporary research positions

Dept. not required to pay costs of return for early termination

Could result in Two-year HRR and/or 24-month bar

Affected by 24-month bar

Allows dual-intent (to immigrate)

6 year max. (3 year increments)

Can be costly for dept.

Requires NC State funding

Potential for permanence

Used for temporary positions when J-1 status not an option

Affected by Two-year HRR

J-1 vs. H-1B visa
limitations of the j 1 scholar option
Limitations of the J-1 Scholar Option
  • There are legal and administrative requirements
  • Not an “employment” visa (cannot be used for clerical/ administrative/support appointments)
  • Exhausted duration (six months for Short-term; 5 years for Research Scholar)
  • Educational requirements
  • Insufficient funding
  • Status violations
  • Timing, processing, and denials
  • Home residence requirements / bars on repeat participation
non mystery 1 selecting the j 1 category http www ncsu edu ois research categories php
non-Mystery #1: Selecting the J-1 “Category”http://www.ncsu.edu/ois/research/categories.php
  • Scholar Options: “Professor”, “Research Scholar”, or “Short-term Scholar”
  • GTI Options: “Non-degree student” or “Student Intern”

Professor and Research Scholar: -- teaching or research

-- five year maximum

-- results in and/or impacted by 24 and 12-month bars

Short-term Scholar: -- teaching or research

-- six month maximum

-- neither results nor impacted by 24 or 12-month bars

Student Categories: -- might cause 12 month bar if >6 months

short term vs research scholar
“Short-Term” vs. “Research” Scholar
  • Short-term Scholar
    • Benefit: No bars on future return to U.S. in J visa status
    • Disadvantage: Scholar’s stay cannot be extended beyond 6 months
  • Research Scholar
    • Benefit: Stay can be extended up to five years (contingent upon continuation of program)
    • Disadvantage: Subject to a 24-month bar on future visits as a J-1 Research Scholar
slide18
non-Mystery #2: 12 and 24-month Bars on Repeat Participation: http://www.ncsu.edu/ois/research/1224bars.php
  • Only determines eligibility for “Professor” or “Research Scholar” Category – nothing else
  • Different from the 212(e) Home Residence Requirement

24-Month Bar: Impacts EVs in the “Research Scholar” or "Professor" categories. Begins as soon as program ends and regardless of the duration of that previous program. Time spent in any other J-1 category never causes the 24-month bar

12-Month Bar: EVs not subject to the 24-month bar might be subject to the 12-month bar. If they were in the U.S. in J status in any category (including J-2 dependent) for all or part of the twelve-month period immediately preceding the date of the new program's commencement

non mystery 2 12 and 24 month bars on repeat participation cont
non-Mystery #2: 12 and 24-month Bars on Repeat Participation (cont.):

Exceptions to bars…

  • J-1 Transfers. Neither the 12-month bar nor the 24-month bar is applicable to those who are transferring to another institution in the U.S. to continue their current J-1 program.
  • Presence in J status of less than 6 months. A person whose prior J status was of less than six months duration (physical presence in the U.S.) is exempt from the 12-month bar. (Research Scholars and Professors automatically and immediately subject to 24-month bar.)
  • Presence in J status in the "Short-Term Scholar" category. No time spent in the "Short-Term Scholar" category triggers either bar.
  • The 12-month bar does not apply to individuals who are subjected to the 24-month bar—in other words, individuals subject to the 24-month bar are not additionally subject to the 12-month bar.
slide20

non- Mystery #3: Home country residence requirement 212(e):

http://www.ncsu.edu/ois/research/j1home212.php

  • Does NOT apply to every EV
  • Is NOT a sentence of physical presence in home country
  • What does it mean?
  • - No change of non-immigrant status from J
  • - Ineligible for H-1B, L-2 or permanent residence until satisfied
  • If 212(e) waiver is granted, DS-2019 can no longer be extended
  • When does it apply?
  • Directgovt. funding (in support of exchange)
  • Skills list
global training initiative gti http www ncsu edu gti
Global Training Initiative (GTI)http://www.ncsu.edu/gti
  • J-1 “Student” Category or F-1
  • Full-time for a short-term (2-12 months)
    • Study (GTE and GTC Certificate programs) [tuition]
    • Research (GTR) [no tuition]
    • Internships (GTN) [no tuition]

Research (GTR) and Internship (GTN)

  • Available for undergraduate and graduate students
  • Fee-based – gives researchers/interns access to student services, but no tuition
  • Paid or unpaid positions
  • Do not need a test to prove English ability – letter is sufficient
  • Require MOU or significant non-personal funding (25% of $1250/mth funding; i.e. $313/mth)(per federal regulations)

GTI Assoc Dir: David McNeill: gti@ncsu.edu, 513-0105

gti research students
GTI Research students

Textiles PhD student

Mechanical Engineering PhD student

Institute for Transportation Research and Education (ITRE)