MSU Scholar Visa Update November 10, 2006 Chris Bargerstock Rosemary Max Brooke Stokdyk Office for International Student

1. Welcome & Introduction MSU Scholar Visa Update November 10, 2006 Chris Bargerstock Rosemary Max Brooke Stokdyk Office for International Students and Scholars 103 International Center www.oiss.msu.edu oiss@msu.edu (517)353-1720

2. Agenda • J-1 Research Scholar / Professor Category Updates • Preview of future H-1B request process • Questions / General Discussion 103 International Center www.oiss.msu.edu oiss@msu.edu (517)353-1720

3. Overview • J-1 Research Scholar / Professor: • A visitor with an academic background in a certain field who comes to the US to conduct research, consultations, teaching, and/or observations in their academic field. • Previously Existing J-1 Research Scholar / Professor Restrictions: • 12-month bar • 2-year home residency requirement 103 International Center www.oiss.msu.edu oiss@msu.edu (517)353-1720

4. J-1 Research Scholar / Professor Category Updates • 12-Month Bar: • If a person has spent more than 6 of the last 12 months in any J status (not including J-1 Short-Term Scholar), that person cannot start a new program in the J-1 Research Scholar or J-1 Professor Category. 103 International Center www.oiss.msu.edu oiss@msu.edu (517)353-1720

5. J-1 Research Scholar / Professor Category Updates • 2-Year Home Residency Requirement: • Not all J-1/J-2 visa holders are subject to this requirement • Restricts any in-country change of status • Prevents gaining H-1B, L-1, or Permanent Residency status until the visitor has spent two years in their country of last residence (or has obtained a waiver) 103 International Center www.oiss.msu.edu oiss@msu.edu (517)353-1720

6. J-1 Research Scholar / Professor Category Updates • NEW 5-year Rule: • J-1 Research Scholar and Professor categories now have a maximum duration of 5 years. • A new 24-month (2 year) bar on repeat participation in the J-1 Professor or Research Scholar categories will be instituted for those who complete their program. • November 4? 103 International Center www.oiss.msu.edu oiss@msu.edu (517)353-1720

7. J-1 Research Scholar / Professor Category Updates • NEW 5-year Rule: • The 5-year clock starts ticking with the program start date on the DS-2019, not the arrival date in the US. • Be mindful when picking start dates for J-1 scholars. Remember that scholars can arrive up to 30 days prior to the start date. 103 International Center www.oiss.msu.edu oiss@msu.edu (517)353-1720

8. J-1 Research Scholar / Professor Category Updates • The good news: • All current and future J-1 Research Scholars or J-1 Professors are eligible to extend their programs up to 5 years. • J-1 Research Scholars / Professors who know they will return in the future or who make regular annual visits can keep a program active for 5 years and return as needed. • The DS-2019 will be kept active while the scholar is outside the US if the research program is ongoing and the absence is 1 year or less, thus avoiding the 2-year bar during the research program. 103 International Center www.oiss.msu.edu oiss@msu.edu (517)353-1720

9. J-1 Research Scholar / Professor Category Updates • The bad news: • Upon completion of a J-1 Research Scholar or Professor program, the visitor cannot come back in that same status for two years. • Affects all current and future J-1 Research Scholars / Professors. • Note: During the 2-year bar, visitors may come back in J-1 Short-term Scholar status or any other non-immigrant status for which they may be eligible. 103 International Center www.oiss.msu.edu oiss@msu.edu (517)353-1720

10. J-1 Research Scholar / Professor Category Updates • Impacts: • Before approving an application for a new J-1 Research Scholar or Professor program, we must first ask for the applicant’s visa history for the past 5 years. • When a Research Scholar or Professor prepares to depart before the end of 5 years, we will need to find out more information about future plans. (i.e. any plans to return in the near future.) Departure forms are essential. 103 International Center www.oiss.msu.edu oiss@msu.edu (517)353-1720

11. J-1 Research Scholar / Professor Category Updates • Key Issues for Departments: • Consider the Short-Term Scholar category for programs 6 months or less or for repeat visitors. • Keep 2-year bar in mind when planning research programs. • More documentation about visa status will be needed at the time of application. • Departure notices are essential. • Documentation will be required if you need the scholar’s DS-2019 to remain active during their absence from the US. • Health insurance must be maintained at all times during program, even if the scholar is outside the US. 103 International Center www.oiss.msu.edu oiss@msu.edu (517)353-1720

12. J-1 Research Scholar / Professor Category Updates • Key Issues for Scholars: • Keep all DS-2019s indefinitely. • Transfers/Extensions: It is critical to consult with the OISS regarding your options. • Departure forms / future plans. • Health Insurance must be maintained for yourself and all J-2 family members at all times. • Remember: the 2-year bar is different from the 2-year home residency requirement. You could have a waiver of the 2-year home residency requirement and still be subject to the 2-year bar. 103 International Center www.oiss.msu.edu oiss@msu.edu (517)353-1720

13. J-1 Research Scholar / Professor Category Updates Examples: Research Scholar Genevieve Doe completes a one-year post-doc program at MSU. At the end of her program, she makes plans to spend one year at home and then return to MSU to continue working on her research project. Question: At the end of her initial one-year program, what must she tell OISS upon departure? Question: Can she come back? 103 International Center www.oiss.msu.edu oiss@msu.edu (517)353-1720

14. J-1 Research Scholar / Professor Category Updates Examples: During GenevieveDoe’s year away from MSU, she gets a fantastic new offer from NYU to conduct her research there when she returns instead. Question: Can she do that? 103 International Center www.oiss.msu.edu oiss@msu.edu (517)353-1720

15. J-1 Research Scholar / Professor Category Updates Examples: Tommy Bahama conducts a two-year J-1 Research Scholar program at MSU. When he departs, he has no immediate plans to return and asks the OISS to complete his J-1 program. Question: If MSU asks him to come back after 18 months, can he do it? 103 International Center www.oiss.msu.edu oiss@msu.edu (517)353-1720

16. J-1 Research Scholar / Professor Category Updates • What is not changing: • J-1 Short-Term Scholar • J-1 Degree-seeking student • J-1 Non-degree student • H-1B Specialty Worker • Permanent Resident • B-1/B-2/WB/WT Visitors • All other Non-Immigrant categories 103 International Center www.oiss.msu.edu oiss@msu.edu (517)353-1720

17. Preview of New H-1B Request Process • Moving from paper-based to web-based processing • Currently evaluating two software products to manage H-1B and Permanent Residency processing • Departments and potential employees will have access to the system to enter data and monitor progress of case. • Estimated implementation: Summer 2007 103 International Center www.oiss.msu.edu oiss@msu.edu (517)353-1720

18. The End Questions? 103 International Center www.oiss.msu.edu oiss@msu.edu (517)353-1720