J-1 VISA: EXCHANGE VISITORS

ATTENTION:

United States immigration regulations require all J-1 visa holders to report to the Visa & Licensing Office (J-1 Exchange Visitor Program Sponsor) immediately upon arrival in the U.S.  Failure to do so will result in serious consequences to immigration status and future visits to the U.S.



The J visa is a nonimmigrant visa.  The purpose of the Exchange Visitor Program is "to provide foreign nationals with opportunities to participate in educational and cultural programs in the United States and return home to share their experiences, and to encourage Americans to participate in educational and cultural programs in other countries" (8 CFR 514.1(b)).  Exchange Visitors (EVs) enter the U.S. on a J visa. The DS-2019 (Certificate of Eligibility for Exchange Visitor (J-1) Status) is required to obtain a J-1 nonimmigrant visa at a U.S. Consulate abroad, to extend the stay of the J-1 in the U.S., or to transfer from another institution to UCLA.

ELIGIBILITY
UCLA School
of Medicine sponsors visiting scholars only.  There are 4 categories under which a visiting scholar can be classified in J-1 status.  Please refer to the table below for eligibility and conditions. If your prospective Exchange Visitor (EV) has been in the U.S. as a J-1 Exchange Visitor in either the Professor or Research Scholar category or as J-2 dependent status within the last 12 months for a period exceeding 6 months, he/she is not eligible to enter the U.S. as a J-1 research scholar or professor to start a new program. The minimum educational level required for all categories below is masters degree or bachelors degree with substantial experience in their respective specialty field.
 
 

Category 

Primary activity at UCLA/Eligibility

Length of Stay

Professor

To teach courses and conduct advanced research. This category includes Lecturers and Professors on non-tenured track appointments.

Maximum 5 years.

Research Scholar

To participate in research activities under the supervision of a UCLA faculty member. May hold PGR or Visiting Scholar Appointments.  May not hold a Clinical title. This category also includes speakers at Conferences receiving an honorarium from UCLA.

Maximum 5 years. 
Includes time spent at another institution on a J-1 visa

Specialist

An individual who is an expert in a field of specialized knowledge or skill coming to the U.S.A. for observing, consulting, or demonstrating special skills. May hold SRA or equivalent appointment.

Maximum of 1 year. 
No extension of stay allowed.

Short-term Scholar

A professor, researcher, or person with similar education or accomplishments coming to the U.S.A. on a short-term visit for the purpose of lecturing, observing, consulting, training, or demonstrating special skills. This category includes speakers at Conferences receiving an honorarium from UCLA.

Maximum of 6 months.
No extension of stay allowed.


 

HOME RESIDENCE REQUIREMENT
The Immigration and Nationality Act has placed certain limitations on J-1 visa holders. One of these is the "two-year home residence requirement".
 
 

1.

EVs may be subject to this requirement if their financial support comes totally, or in part, from the U.S. government, the home country government, or certain international organizations (i.e. WHO, UNICEF, PAHO, etc.).  This means that EVs  are ineligible to change from J-1 to H-1 or permanent resident status unless they reside for two years in their country of last legal permanent residence or nationality, or unless they obtain a waiver of this requirement.

2.

EVs who have private funding for their programs at UCLA are subject to the two-year residence requirement if their field of specialization and home country are included on the Exchange Visitor Skills List.  This list includes countries which have shortages of trained professionals in specific fields of specialization.

The U.S. Embassy or Consulate makes a determination at the time of visa issuance, and the USCIS acting on behalf of the U.S. State Department determines the applicability of this requirement to an EV's program upon entry into the United States.  An EV subject to this requirement may apply for a waiver of the home residence requirement.

EVs may decide to change their status to another visa category while in the United States.  When changing status, if there is a discrepancy on either the visa stamp or the DS-2019 (one states subject to 212(e), and the other states not subject), then it will be necessary for the individual to apply for an Advisory Opinion with the State Department.
 

EMPLOYMENT OF EXCHANGE VISITORS AND THEIR DEPENDENT(S)
EVs are authorized to receive funds from the organization(s) listed on the DS-2019. EVs wishing to receive funds from other than those sources require special authorization(s) from their visa sponsor.  Employment may be authorized by the Dean's Office if:

     a)   it is directly related to the program's objective,
     b)   it is incidental to primary program activities, and
     c)   will not delay completion of program.

J-1 visa holders whose DS-2019 were not issued by UCLA must be authorized in writing by the issuer of the DS-2019 before being compensated for services rendered at UCLA unless authorized in writing by their respective J-1 sponsor.

J-2 visa holders (dependents of J-1s), may work in the U.S. if they show economic necessity and are specifically authorized by the Immigration and Naturalization Service.  For more information, please contact License and Visa Office at the School of Medicine. To download the forms, click on the J-2 Employment Application.
 

EXCHANGE VISITORS FUNDING AND SOURCES OF FUNDS
Before an DS-2019 is issued, UCLA must be satisfied that prospective EVs have sufficient funds to carry out their primary activities at UCLA.  The table below shows the current minimum amounts required to qualify for J-1 status at UCLA. Additionally, EVs must carry adequate health insurance throughout their stay at UCLA (see Note 2 below).  Those who fail to comply with such requirement become ineligible for UCLA's J-1 sponsorship and will be terminated from the program.
 
 

 

Monthly

Total (Annual)

Professors/Scholars/Specialist

$1550.33

$18,604.00

Spouse

  $554.00

  $6,648.00

Each Child

  $259.00

  $3,108.00

The source of the EV's funds must be indicated on the DS-2019.  Please determine the appropriate source:
 
 

Name of Source

If the Exchange Visitor...

UCLA 

will receive a check generated by UCLA's Payroll Office. (Supporting document is not needed as long as the Chair signs the application form.)

U.S. Government Agency

will be paid directly by one or more agencies.  Be sure to identify each one.

Int'l Organization 

will receive direct funds from organizations such as the UN, UNICEF, etc.

Home Government

will be funded by an agency of the EV's government.

Binational Commission 
Other Organizations

will receive moines from the Fulbright Commission, will be paid by a private organization, university or foundation in the U.S. or abroad

Personal Funds

will use personal/family funds, sabbatical salaries, etc. ATTACH ORIGINAL DOCUMENTS.  If the documents are in foreign language, an English translation must be attached, and a conversion into U.S. dollars must be made.


 

For an EV funded by UCLA, please indicate:

  1. source; e.g. department budget, DOE grant, etc.,
  2. if appropriate, Payroll title; e.g. Visiting Assistant Research Physiologist,
  3. whether the position is tenure/non-tenure track, and
  4. whether or not Medical Insurance will be paid by the funding source.  If so, name the insurance carrier.


MANDATORY HEALTH INSURANCE REQUIREMENT
The U.S. Code of Federal Regulations governing Exchange Visitor Programs (22CFR514.14) require that the EV and his/her dependent(s) obtain health, accident, medical evacuation and repatriation of remains insurance. A qualifying insurance policy MUST provide:

  • medical benefits of at least $50,000 per accident or illness
  • repatriation of remains in the amount of $7,500
  • expenses associated with the medical evacuation of the exchange visitor to his or her home country in the amount of $10,000
  • a deductible not to exceed $500 per accident or illness

The insurance policy must be underwritten by an insurance corporation having an A.M. Best rating of “A-“ or above, an Insurance Solvency International, Ltd. (ISI) rating of “A-“ or above, a Standard & Poor’s Claims paying Ability of “A-“ or above, a Weiss Research, Inc. rating of “B+” or above, or such other rating services as the State Department may specify from time to time.  Insurance coverage backed by the full faith and credit of the government of the exchange visitor’s home country shall be deemed to meet this requirement.

Any exchange visitor who willfully refuses to comply with this requirement shall be considered to be in violation of his/her exchange visitor status.  The program sponsor is obligated to inform the State Department of the exchange visitor’s noncompliance.
 

PROGRAM TRANSFER
EV who will continue a program (study, research, or teaching) started at another institution and transfer to UCLA.  An EV may transfer to UCLA if:

  1. the J-1 visa category (scholar) will not change.
  2. the time spent at UCLA will not exceed the length of time allowed for the respective J-1 visa category.
  3. the Responsible Officer at the other institution approves the transfer.
  4. waiver approval by the State Department has not been issued.

Copies of ALL prior DS-2019s issued are required before we will issue an DS-2019. Changes of J-1 visa category, i.e. from student to research scholar/professor, require State Department approval and may be difficult to obtain.  For EV's whose I-94 forms show "D/S" as ending date, the transfer may be approved by UCLA.  Otherwise, INS approval is required and while the application is in process, the EV cannot receive any monies from UCLA.
 

TEMPORARY TRAVEL OUTSIDE THE U.S.
To return to the U.S., you must have:
    1. A valid passport
    2. A valid J-1 or J-2 visa stamp
    3. An unexpired DS-2019 endorsed by the Responsible Officer
        Note: Only Responsible Officers are authorized to sign DS-2019s.

If you do not need to renew your visa stamp, you can reenter the U.S. with an endorsed DS-2019. If you do need to renew your visa stamp, request a duplicate for travel DS-2019 from your sponsor. Present the new DS-2019 at the U.S. Consulate in your home country.

UPDATED - Special travel regulations for Canada, Mexico, or Caribbean Islands
If you visit Canada, Mexico, or the Caribbean islands (except Cuba) for 30 days or less, you will need your DS-2019 (endorsed by the Responsible Officer), I-94 card, and a valid passport. You will be allowed to re-enter the U.S. even if your visa stamp has expired, as long as you are in possession of all other required documents.  In such cases, your visa stamp is considered to be automatically revalidated.  The DS-2019 and the I-94 card must cover the period during which you are traveling.  As of April 1, 2002, the following categories of individuals are excluded from using this benefit:

  • Citizens of Cuba, Iran, Iraq, Lybia, North Korea, Sudan and Syria
  • Any scholar on a J visa or any other non-immigrant who has left the U.S. temporarily and submitted a visa application while abroad to a U.S. Consulate and does not have an "Application Received" stamp on their passport.

The governments of Canada and Mexico may require citizens from your country to have a visa before entering their countries. You may need to pay a visa processing fee to enter these countries. Before traveling to either of these countries, check with the Canadian Consulate (1-213-346-2700) or the Mexican Consulate (1-213-351-6815) or check the State Department’s website for current information on foreign consulates in the U.S.

PROGRAM CATEGORY
Changes from one J-1 program category to another (i.e. research scholar to student or vice versa) are NOT usually permitted by the State Department or the USCIS. Therefore, exchange visitors should not be brought into the U.S. on J-1 visas under one program category with the assumption that they can shift easily to another program category after their arrival.  For category changes from research J-1 to ECFMG’s clinical J-1, please refer to ECFMG’s website or contact the Visa & Licensing Office.

B-1/B-2 or VISA WAIVER (WT/WB)
EVs who enter the U.S. on a tourist or personal business visa (B-1/B-2) will face difficulty in changing their status to J-1 visa.  It will take over 13 months to obtain J-1 status in the U.S., or they have to leave the U.S. and re-enter on a J-1 visa status.  EVs on B-1/B-2 or Visa Waiver status will not be permitted to participate as an Exchange Visitor during this period, nor can they receive any U.S. monies.  EVs on Visa Waiver status will not be permitted to change their status within the U.S.

To download please click on the DS-2019 REQUEST FORM and the INSTRUCTIONS(for completing the DS-2019 REQUEST FORM, or please go to the SOM FORMS page.)



 

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