How to Apply for a J-1 Visa

The primary purpose of the Exchange Visitor Program is to foster the exchange of ideas between Americans and foreign nationals and to stimulate international collaborative teaching and research efforts. The exchange of professors and research scholars promotes interchange, mutual enrichment, and linkage between research and educational institutions in the United States and foreign countries. [22CFR 514.17]

HJF invites a number of visiting research scholars to the United States to collaborate on research projects. These visitors come to the U.S. as J-1 Exchange Visitors. HJF's program is designated under the jurisdiction of the U.S. Department of State (DoS). The director of the Human Resources Department, is the Responsible Officer (RO) and the assistant director is the Alternate Responsible Officer (ARO). The RO and ARO issue the Form DS-2019 to eligible visitors and have a continuing duty to monitor the success of the program and its participants, as well as the compliance of the department hosts.

Petitioning for a J-1 visa requires a minimum amount of paperwork by the supervisor and HJF. However, it is still important in planning research activities of an exchange visitor to allow enough time for the completion of all applicable paperwork and for the foreign national to travel from their native country to the U.S., or to transfer from another research program in the U.S. If the exchange visitor is transferring from one institution to another, the transfer must be completed (approved by the State Department, if necessary) before the individual can receive any financial support from, perform research for or be employed by the Foundation. Within seven business days of receipt of the necessary paperwork, the Form DS-2019 and offer of employment letter will be sent to the prospective employee by the Human Resources Department.

From the Department

Supervisors wishing to select a J-1 Exchange Visitor must submit the following:

The DS-2019 Information Form;
The individual's curriculum vitae;
A copy of the applicant’s passport, I-94 card, visa stamp and any current/previous Form DS-2019 (formerly IAP-66), where applicable; and
A two-paragraph description of the research program the visitor will undertake.

Effective September 1, 2004, the Student and Exchange Visitor Program (SEVP) will impose a fee of $100 for applicants applying for J-1 status. This fee must be paid prior to the applicant being issued a form DS-2019. Contact the Foundation’s Responsible Officer or Alternate Responsible Officer (RO/ARO) at 301-738-8720 for information on fee remittance.

Within seven business days of receipt of the necessary paperwork, the Form DS-2019 and offer of employment letter will be sent to the prospective employee by Federal Express or DHL service. It could take more than 30 days for the U.S. Embassy to process an exchange visitor visa, which could create hardships for both the individual and the department.

As a reminder, the J-1 Exchange Visitor Program is intended as an international exchange program. Exchange visitors are permitted to maintain J-1 status for a total of three years. At the end of the three years, the visitor will be expected to return to their home country. If you intend to employ a foreign national for a period longer than three years, please consult the Human Resources Department for other visa options.

Programs located at USU

Programs wishing to sponsor foreign nationals must complete Form 1325, Proposal for Admitting International Student(s)/Scholar(s) to USU. Applications and proposals concerning foreign nationals who wish to work on the USU campus should be referred to the Associate Dean for Clinical Affairs (ADA) for administrative review and approval. No international student or scholar will be accepted for any activity within the University (to include degree programs, clinical clerkships, research affiliations, etc.) without approval by the ADA or the Dean, School of Medicine (SOM) or the Dean, Graduate School of Nursing (GSN).

It is the responsibility of the sponsoring USU Department to obtain approval from ADA for each international student/scholar; coordinate with appropriate USU offices; respond to each ISS in writing; and provide a letter of acceptance or justification if the applicant is rejected. For citizens of the People’s Republic of China, a lab questionnaire should be completed and submitted in addition to Form 1325.

If the student/scholar is approved for work on the USU campus, the Civilian Human Resources Directorate or the University Brigade, as appropriate, must be notified prior to the student's/scholar's departure from the University.

From the Applicant

Participants in HJF's J-1 Visa program must undertake the following responsibilities.

The exchange visitor must understand program conditions as agreed to on the Certificate of Eligibility (Form DS-2019), as stated on the reverse side of the Form DS-2019. Item four on the face of the Form DS-2019 specifies which activities are permissible during their stay in the U.S. All exchange visitors are to return to their home countries upon completion of their exchange programs in order to honor the intention of the Exchange Visitor Program's charge to facilitate the mutual interchange of educational and cultural experience.

The exchange visitor should consult with their Human Resources Generalist well in advance regarding any proposed change in institution, sponsor and nature of activities/employment or source/amount of funding. The visitor should also notify their Human Resources Generalist upon completion of the program and employment with HJF.

Each time the exchange visitor leaves the U.S., even for a short trip overseas, the RO/ARO must endorse their Form DS-2019 to facilitate re-entry to the U.S. The Form DS-2019 and proof of medical insurance must be presented to the Human Resources Department at least two weeks prior to departure, when possible, with the exception of emergency situations.

The exchange visitor must keep their passport valid at all times and consult their home country embassy or official representative in Washington, DC for passport renewal or replacement.

All exchange visitors must purchase acceptable levels of insurance for themselves and J-2 dependents. There are no exceptions. Consideration of medical insurance must be addressed before bringing dependents to the U.S. Medical insurance may be an unexpected additional cost.

The U.S. DoS has made health insurance a requirement for all participants in the J-1 Exchange Visitor Program. The U.S. DoS has established minimum requirements that are designed to protect the visitor and his or her family. HJF requires that each exchange visitor have health insurance that covers the exchange visitor if a sickness or accident were to occur during the period of time that the visitor participates in HJF’s Exchange Visitor Program.

Minimum coverage shall provide:

Medical benefits of at least $50,000 per accident or illness;
Repatriation of remains in the amount of $7,500;
Expenses associated with medical evacuation of the exchange visitor to their country in the amount of $10,000; and
A deductible not to exceed $500 per accident or illness.

Health insurance can be purchased directly through HJF's health insurance plan and paid for through payroll deduction on a per-pay-period basis. Medical evacuation and repatriation insurance is covered through HJF's insurance carrier, SOS International. The cost for the SOS insurance is deducted on an annual basis from the exchange visitor's paycheck.

Individuals who have alternate insurance from their home countries must:

Provide a copy of the policy in English;
Provide evidence that the plan is licensed in the United States; and
Provide evidence that the plan has a rating of A- or better (or the full backing of the government of the home country), along with the name, address and telephone number of the U.S. agent who administers the plan.

This should be submitted with the DS-2019 Information Form. If the policy is determined to meet or exceed the state's minimum requirements, HJF's policy will not be required.

Remember that an exchange visitor may need to apply for a new visa while on travel. Examine the visa stamp in the passport to determine if it will be valid upon re-entry to the U.S. If not, additional time may be required to apply for a new visa stamp at a U.S. consular office overseas.

For an Applicant with Dependents

An exchange member may bring immediate family members (spouse and/or children) to the United States. The dependents must be issued their own Form DS-2019s for entry into the U.S., and subsequently their own J-2 visa stamps from the U.S. consular office in their home country.

Family members include spouse and unmarried children under the age of 21. Dependents, as J-2 visitors, must follow the same guidelines as the J-1 cisitor, including mandatory health insurance and compliance with the two-year home country residency requirement and duration of stay. Employment, however, is handled differently. Please contact the U.S. DoS for information about an application for a work permit. A J-2 may only work for purposes of cultural interest or recreation, not to provide support of any kind for the J-1 visitor.

Duration of Stay

Exchange visitors in HJF's J-1 program may stay in the U.S. up to a total of three years; after which time they must return to their home country. This time frame includes transfers between exchange visitor programs. The RO or ARO may extend, at his or her discretion, the three-year period of participation for a period not to exceed six months. This extension may only be granted once the RO/ARO has determined that such an extension is necessary in order to permit the research scholar or professor to complete a specific project or research activity. The J-1 visitor must return to their home country at the end of this additional 6 months.

The Form I-94 carries an additional 30-day grace period to grant additional time to conclude their visit and prepare for their return home. This extra time does not allow the exchange visitor to work in the U.S., because during this time they are not deemed as holding "tourist" status.

Extension of the Normal Three-Year Program

The State Department may grant an extension beyond the normal three-year program by special request from the sponsor and at the discretion of the Department of State (DoS). A sponsor seeking to conduct a specific, discrete activity requiring more than the permitted three years' program duration must make a written request to HJF’s Human Resources Department to obtain written approval for an extension of up to six months. The request must include the following:

A detailed explanation of the discrete exchange activity, and
Certification that the participation of selected research scholars will be financed directly by United States or foreign government funds.

A change of category will not extend an exchange visitor's permitted period of program participation beyond three years.

The request for program extension for a research scholar must:

Be submitted to HJF’s Human Resources Department, unless prevented by extraordinary circumstances, no fewer than 60 days prior to the expiration of the participant's permitted three-year period of program participation; and
Present evidence, satisfactory to HJF, that such request is justified due to exceptional or unusual circumstances and is necessary in order to permit the research scholar to complete a specific project or research activity.

HJF’s Human Resources Department will only review requests for program extension that are filed in a timely manner. The final decision regarding a program extension will be made by the U.S. Department of State and returned to HJF within 30 days of the receipt of the request and supporting documents.

Two-Year Home Country Residence Requirement

Many exchange visitors are subject to what is known as the two-year home country residency requirement, 212(e) rule, because of their J-1 status. This means that upon completion of the J-1 program in the U.S., the visitor must return to their home country for at least two years before becoming eligible to change their visa status and return to the U.S.. An exchange visitor can be subject to this requirement for three reasons:

They are the receipt of government financing (either foreign or U.S.)
They possess exchange visitor skills (from a list of critically needed skills by the visitor's country).
They received foreign medical training (physician receiving graduate clinical medical training in the U.S.).

If the Exchange Visitor is subject to the 212(e) rule, they not eligible for the following until the requirement is fulfilled:

An H, L or immigrant visa or status in the U.S., or
A change of status, inside the U.S., from J to any other nonimmigrant classification except A or G.

Waivers of the Requirement

There are four grounds for application of a waiver of the two-year home residence requirement. The exchange visitor should consult the Human Resources Department to determine if they fulfill one of the grounds and what the procedure would be to apply for the waiver. The U.S. DoS in Washington, DC, makes all final determinations regarding the two-year home residency requirement. A fee must be paid to the U.S. DoS for all waiver applications.

Exchange Visitor Program Sponsor Transfer

To pursue research at another institution, the visitor must receive a Form DS-2019 issued by the new program sponsor, follow instructions provided by the new program sponsor regarding release from the current program and notify the U.S. DoS. An exchange visitor may not move to another Exchange Visitor Program before receiving a new Form DS-2019 from the new program's sponsor and a written release from the previous sponsor. All changes must be approved in advance by the Exchange Visitor Program RO or ARO.