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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

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 Services 320 Daniels Hall 515-2961 ois@ncsu.edu The Benefits and Advantages of the J-1 Exchange

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

  2. 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/

  3. 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

  4. 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

  5. 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

  6. 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)

  7. 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)

  8. 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)

  9. 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

  10. 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)

  11. 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

  12. 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

  13. 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

  14. 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

  15. 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

  16. 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

  17. “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

  18. 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

  19. 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.

  20. 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

  21. 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

  22. GTI Research students Textiles PhD student Mechanical Engineering PhD student Institute for Transportation Research and Education (ITRE)

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