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Immigration: Immigration Info for Faculty and Scholars

J-1 Exchange Visitor Visa

A J-1 Exchange Visitor Visa is a non-immigrant visa issued to exchange visitors who come to the United States to teach, conduct research, study or receive training as a participant in an Exchange Visitor Program designated by the Department of State. The International Center is authorized by the Department of State to issue a J-1 visa document (Form DS-2019) to eligible individuals. The J-1 Exchange Visitor Visa program was established to facilitate educational and cultural exchange. For this reason, it is intended for temporary appointments only. Someone accepting a permanent position in the U.S. or a position with permanent intent, (i.e. tenure-track or similar) should not enter in J-1 status.
Learn more about the Exchange Visitor Visa >>

The J-1 Exchange Visitor program allows for people to enter in various capacities. There are eleven categories on the J-1 visa document. Each category has its own set of rules and regulations. In this informational section we will simply elaborate on those categories used by Tufts University to sponsor international faculty or research scholars. The categories are: Professor; Research Scholar; Short-Term Scholar; Specialist.

Professors and Research Scholars are two separate categories on the Form DS-2019 but because of their similarities, the regulations governing them are the same.

A Professor is an individual primarily teaching, lecturing, observing, or consulting at post-secondary accredited educational institutions, museums, libraries, or similar types of institutions. A professor may also conduct research.

A Research Scholar is an individual primarily conducting research, observing, or consulting in connection with a research project at research institutions, corporate research facilities, museums, libraries, post-secondary accredited educational institutions, or similar types of institutions. The Research Scholar may also teach or lecture.

A J-1 visa document for the Professor or Research Scholar category may be granted for up to a five-year period. This category permits one to teach, lecture or do research in either a part-time or full-time capacity. Financial sponsorship can come from Tufts salary, or other outside sources including personal funding.

Professors and Research Scholars may participate in occasional lectures and short-term consultations outside of the sponsoring institution, but only with authorization from the International Center. Such lectures and consultations must be incidental to the exchange visitor's primary program activities. The following criteria must apply: short-term consultations shall be directly related to the objectives of the exchange visitor's program; be incidental to the exchange visitor's primary program activities; and not delay the completion date of the visitor's program.

Short-Term Scholars: A Short-Term Scholar is defined as a professor, research scholar specialist, or a person with similar education or accomplishments coming for the purpose of lecturing, observing, consulting, training, or demonstrating special skills. The goal of short-term scholar exchanges is to increase the velocity of the interchange of knowledge and skills and collaborative research efforts between foreign and American scholars. A Short-Term Scholar exchange will be limited to six months in duration, without the option of extending beyond the six-month period. If an extension becomes necessary, the scholar will need to depart the U.S. and be re-issued a new J-1 visa document to return to Tufts.

Specialists: A specialist is an individual who is an expert in a field of specialized knowledge or skill coming to the United States for observing, consulting, or demonstrating special skills. The exchange of specialists promotes mutual enrichment and furthers linkages among scientific institutions, government agencies, museums, corporations, libraries, and similar types of institutions. A specialist can only participate in a program that will not exceed one year.

Some rules apply to all J-1 categories. Below we list the pertinent ones:

12-Month Bar: Effective June 10, 1996, the Department of State imposed a regulation, known as the 12-month bar, preventing program sponsors from issuing J-1 visa documents to any individual applying for either the J-1 Professor or Research Scholar categories, who has been physically present in the U.S. in "J" status for all or part of the preceding twelve-month period (including J-2 status). The rule DOES allow for transfer of "J" program sponsors within the same "J" category (i.e. from Professor at one institution to Professor at another U.S. institution) provided that there is no lapse in time between transfers and that the J Exchange Visitor does not leave the U.S. to complete the transfer. A change of "J" categories, however, is not allowed (i.e. from Student to Research Scholar).

The rule does allow program sponsors to issue J-1 documents to individuals who have been in the U.S. for less than six months over the preceding 12-month period, if during that 12-month period, they were categorized as J-1 Short-Term Scholars (the maximum duration period of a Short-Term Scholar is six months with no potential for extension within the category of Short-Term Scholar). However, in order to change from the category of Short-Term Scholar to that of Professor or Research Scholar, the individual should leave the U.S. and re-enter from his/her home country.

Two-Year Participation Bar or (24 month Bar): This bar only impacts the Research Scholar or Professor categories. The J-1 visitor who has been in the U.S. in either of these categories for a period longer than 1 day automatically becomes subject to the "two-year bar" on repeat/return participation as a J-1 Research Scholar or Professor at either Tufts or any other U.S. academic institution. This means that once the J-1 professor/research scholar has completed their J-1 program participation and leaves the U.S., he/she is automatically subject to this bar. He or she is then ineligible to be issued a J-1 Research Scholar or Professor visa document for a two-year period.

The Short-Term scholar category is exempt from this bar, so the J-1 visitor could return as a J-1, Short-Term Scholar for a period less than six months. They can also return in H-1B or J-1 Specialist categories if they meet those eligibility requirements.

Please do not confuse this 24-month bar with the "Two-Year Home Country Residence Requirement", listed below.

Two-Year Home Country Residence Requirement: There are some J-1 Exchange Visitors who are affected by a provision referred to as "the two-year home country residence requirement." This means that after completing one's program in the United States, an Exchange Visitor subject to the two-year foreign residence requirement would be expected to return to his/her home country for a two-year period. The Exchange Visitor would not be permitted to apply for permanent resident status or for H or L non-immigrant visas. The Home Country Residence rule applies to: 1) Exchange visitors whose programs are financed in whole or in part, directly or indirectly, by the U.S. Government or the government in their home country; 2) Exchange Visitors whose country and field of specialized knowledge (skill) are listed in the "Skills List" as published by the Department of State; 3) Exchange Visitors who are receiving graduate medical education or training. This requirement also applies to Short-Term Scholars.
Learn more about the Two-Year Foreign Residence requirement >>

J-1 Health Insurance Compliance: Exchange Visitors are required, as a condition of their J-1 status in the United States, to carry health insurance for themselves and accompanying family members (J-2 visa holders). By government regulation the J-1 & J-2 visa holders must carry minimum coverage in the amount of $50,000 per accident or illness, at least $7,500 for repatriation of remains, at least $10,000 for medical evacuation to the home country, and a deductible not to exceed $500 per accident or illness.
Learn more detailed information on J-1 health insurance requirements >>

J-2 Visa Holders (dependents of J-1): Dependents of J-1 Exchange Visitors entering in J-2 dependent status (i.e. accompanying spouse or unmarried minor children under 21 years of age) are allowed employment authorization. This work permission can only be granted after the J-2 has arrived in the U.S. The International Center assists in providing information on the application process. The J-2 visa holder applies to the U.S. Citizenship and Immigration Services (USCIS) for work authorization. USCIS will not approve employment for J-2 visa holders if the J-2 visa holder is requesting work for the purpose of financially supporting the J-1 Exchange Visitor. A J-2 dependent's status terminates in the U.S. when that of the J-1 participant terminates.

Transfers/Terminations/Change of Visa Status: Once someone is in the U.S. in valid "J" classification, he/she must maintain legal immigration status at all times. All requests to transfer or change to another visa category need to be officially processed prior to the Exchange Visitor's visa expiration. The validity date of an Exchange Visitor's visa is determined by the expiration date on Part 3 of Form DS-2019 or by his/her last day at Tufts, whichever comes first. J-1 Transfers from one academic institution to another must be processed by the International Offices of both institutions. A SEVIS electronic transfer is required.

An exchange visitor who engages in unauthorized employment will be in violation of his or her program status and is subject to termination.

Visa Processing Fee: The International Center charges all Tufts departments a fee of $350, for the processing of all J-1 visas. This fee cannot be charged to the visiting scholar. The International Center will also charge the department for any express mail charges incurred.