Active Minds Changing Lives International Student & Scholar Services 516 High St. MS 9078-S Bellingham, Washington 98225 Phone (360) 650-6517 Requesting a Form DS-2019 for International Faculty and Scholars Overview The purpose of the J-1 visa is to increase mutual understanding between people of the United States and people of other countries by means of educational and cultural exchanges, thereby strengthening the ties between the nations. Every year Western Washington University sponsors “Exchange Visitors” for temporary activities that include teaching, lecturing, observing, conducting research, consulting, or demonstrating special skills. At the time of appointment, the expectation is that the Exchange Visitor will return home upon completion of the activity. WWU departments carefully select and screen prospective Exchange visitors to ensure that their English language proficiency and academic background are suitable for the intended activity, and that they have adequate financial support including health insurance. J-1 status can be obtained relatively easily and quickly, though plans to sponsor a J-1 Exchange Visitor should begin three or four months in advance of the start date to allow for document preparation and visa processing. In some cases, Exchange Visitors experience delays in visa processing due to U.S. government security reviews. Depending on their category of participation, Exchange Visitors may hold J-1 status for just a few days or up to five years plus a 30-day “grace period” following completion of the program. They are then expected to return home to exercise the skills and knowledge acquired in the United States. Employment is not permitted during the grace period. Definition of Exchange Visitor Status The Exchange Visitor Program brings qualified students, professors, research scholars, and short-term scholars to the United States for a variety of educational purposes. The Exchange Visitor is under the sponsorship of an agency, institution, or organization that has been approved by the Department of State (DOS). The WWU Exchange Visitor program is defined as ''A program of Western Washington University to provide courses of study, lecturing and research opportunities in the various fields of instruction and research conducted by the University for qualified foreign students, professors, research scholars, and short-term scholars, to promote the general interest of international educational and cultural exchange." 1 International Student & Scholar Services (ISSS) is responsible for administering the Exchange Visitor Program at Western Washington University (WWU), and for approving and signing all documentation connected with the Exchange Visitor Program. How to Sponsor a J-1 Exchange Visitor When to begin Begin as early as possible, allowing sufficient time for the Exchange Visitor to apply for and receive the J visa and travel to the U.S. If complete information is submitted to International Student & Scholar Services (ISSS), the Form DS-2019 Certificate of Eligibility for Exchange Visitor (J-1) Status will be sent to the sponsoring academic department within 10 business days. Ideally, the department should forward the DS-2019 to the Exchange Visitor at least three months in advance of the start date. What the department does 1. Work with WWU Human Resources to determine the appropriate academic appointment title, if applicable. 2. Select the start date. 3. Verify and retain evidence of sufficient funding from all sources for the duration of the appointment. 4. Prepare the DS-2019 Request Form and the Exchange Visitor Information Form, obtain the signature of the Department Chair and forward the Request Form and Information Form, along with other required documentation and DS-2019 visa fee to ISSS. 5. To extend an Exchange Visitor's stay, repeat steps 1 - 4. (If the Department of State has recommended a waiver of the two-year foreign residence requirement, the J-1 is ineligible for extension of stay.) 6. When you receive the DS-2019 from ISSS, forward it to the Exchange Visitor by mail. Keep a copy for departmental records. 7. Notify ISSS if the Exchange Visitor will not arrive in the U.S. prior to the start date on the DS2019. 8. Notify ISSS of any change in the Exchange Visitor's activities including job duties, worksite location, or dates of participation. What ISSS does Upon receipt of the DS-2019 Request Form, ISSS prepares the DS-2019 within ten business days and sends the DS-2019 via campus mail to the administrator listed on the DS-2019 Request Form. ISSS will normally issue the DS-2019 to cover a period of up to one year (item 3 on the DS-2019). Extensions may be requested in one-year increments. The DS-2019 can be issued to cover a longer period, up to five years, if the sponsoring department commits to pay full salary to the Exchange Visitor for the entire duration of stay. Separate DS-2019s are issued for accompanying dependents. The sponsoring department forwards the DS-2019 "Certificate of Eligibility" to the Exchange Visitor. What the Exchange Visitor does The Exchange Visitor receives the DS-2019, pays the I-901 Department of Homeland Security SEVIS fee, takes the DS-2019 to the nearest U.S. consulate, and applies for the J-1 visa. The visa will be denied if the applicant fails to assure the consular officer that the visit to the U.S. is temporary. Accompanying dependents apply for J-2 visas. (Canadian citizens are visa exempt, and simply present the DS-2019 to the U.S. immigration officer at the port of entry.) Delays in visa approval may occur due to security 2 reviews that take into account the applicant's country of origin and field of research. The Exchange Visitor must enter the U.S. no later than the program start date listed in item 3 of the DS-2019 form. If entry is not possible within that time frame, a new DS-2019 should be requested. Upon arrival on campus, the Exchange Visitor must check-in with ISSS. Eligibility Requirements Prior to issuing the DS-2019, it must be verified that the prospective exchange visitor: 1. 2. 3. 4. Is eligible, qualified and accepted for the program in which s/he will participate; Possesses English language proficiency; Possesses adequate resources (for self/dependents) to complete program; Has not been in the U.S. in exchange visitor status (J-1) for more than 6 months during the 12 months immediately preceding the start date of current program request. Definitions of Exchange Visitor Categories The Department of State requires that J-1 Exchange Visitors coming to perform research or teaching at Western Washington University be assigned a "category" which reflects their academic activities on campus. Federal regulations give us three categories to choose from: Research Scholar Professor Short-Term Scholar These categories are not WWU academic appointment titles, but all academic appointments that qualify for J-1 visas will be assigned one of these three categories. When selecting the category, International Student & Scholar Services (ISSS) considers the Exchange Visitor's academic background, WWU appointment title, position responsibilities, immigration history, possibility of repeat visits to the United States, and anticipated length of stay. The category that best meets the needs of the sponsoring department and most accurately reflects the Exchange Visitor's primary activity at Western is stated in item 4 of the Exchange Visitor's DS-2019 form. The Exchange Visitor's WWU appointment title is not listed on the form. The categories are described below: Research Scholar Professor Qualifications: Department of State requires Exchange Visitors in the Research Scholar or Professor category to have academic credentials (generally at least a bachelor's degree or equivalent) and experience appropriate to the field of endeavor. Activity: The activity must be full-time and temporary. Emphasis on research, observation or consultation, but may also teach and lecture if the appointment title permits this. If the Exchange Visitor will be here primarily to conduct research, the Research Scholar category is appropriate even if the individual is a professor in the home country. Length of Stay: Minimum stay in the U.S. is three weeks, maximum is five years. No extension beyond five years is possible. Research Scholars and Professors have a 30 day grace period after their program ends to leave the U.S. 3 Eligibility for Repeat Participation: Exchange Visitors who complete a J-1 program in the Professor or Research Scholar categories on or after November 17, 2006, regardless of the program's duration, incur a two-year window of ineligibility before a new program in the Research Scholar or Professor category can begin. Exchange Visitors in any category except Short-Term Scholar (including J-2 dependents) who completed their program prior to November 17, 2006, incur a one-year window of ineligibility before beginning a program in the Research Scholar or Professor category if they were in the U.S. at any time during the 12-month period immediately prior to the start of the new program unless the total stay was less than six months. The one-year bar does not apply to those who are subject to the two-year bar - in other words, individuals who are subject to the two-year bar are not additionally subject to the one-year bar. Neither the two-year nor the one-year bar to eligibility for the Research Scholar or Professor category apply to exchange visitors who transfer to WWU from another institution within the U.S. to continue their current J-1 program. Also, no time spent in the U.S. in the Short-Term Scholar category triggers the bars. Short-Term Scholar Qualifications: Department of State requires Exchange Visitors in the Short-Term Scholar category to have academic credentials (generally at least a bachelor's degree or equivalent) and experience appropriate to the field of endeavor. Activity: The activity must be full-time and temporary. Short-Term Scholars may teach, lecture, observe, consult or perform research, and participate in seminars, workshops, conferences and other types of educational or professional activities. Length of Stay: Short-Term Scholars may participate in the Exchange Visitor Program for the length of time necessary to complete the program, not to exceed six months. Extensions beyond six months are not permitted. Short-Term Scholars have a 30 day grace period after their program ends to leave the U.S. Eligibility for Repeat Participation: Repeat participation in the Short-Term Scholar category to engage in a new program or activity is permitted at any time. Departments which invite Exchange Visitors for 6 months or less but anticipate extending their stay beyond 6 months should request either the Professor or Research Scholar category. Departments which invite Exchange Visitors for 6 months or less and do not plan to extend them beyond six months should request the Short-Term Scholar category, especially if future visits to the U.S. in J-1 visa status are anticipated within the next two years. 24 and 12 Month "Bars" on Repeat Participation Time spent in the U.S. as a J-1 or J-2 dependent might affect eligibility for future J-1 status in the “Research Scholar” or “Professor” categories. These periods of ineligibility are referred to as the 24month and 12-month “bars.” The 24-month and 12-month bars apply only to persons beginning an Exchange Visitor program in the categories of “Research Scholar” and "Professor." The bars do not affect eligibility for other J-1 categories, such as “Short-Term Scholar.” 24-Month Bar: Exchange Visitors in either the “Research Scholar” or "Professor" categories are subject to a 24-month bar on repeat participation in those categories if they completed their program on or after November 17, 2006, regardless of the previous program’s duration. No time spent in any other J-1 category triggers the 24-month bar. Note that the 24-month bar is not the same as the two-year home country physical presence requirement. 4 12-Month Bar: Exchange Visitors not subject to the 24-month bar might be subject to the 12-month bar. The 12-month bar prohibits Exchange Visitors from beginning a new program in the “Research Scholar” or "Professor" categories if they were in the U.S. in J status (including J-2 dependent) for all or part of the twelve-month period immediately preceding the date of the new program's commencement. There are four exceptions: 1. J-1 Transfers. The 12-month bar is not applicable to those who are transferring to another institution in the U.S. to continue their current J-1 program. 2. 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. 3. Presence in J status in the "Short-Term Scholar" category. No time spent in the "Short-Term Scholar" category triggers the 12-month bar. 4. 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 12month bar. Two-Year Home Country Physical Presence Requirement The two-year home country physical presence requirement is one of the most important characteristics of Exchange Visitor status. Exchange Visitors subject to the two-year residence requirement must return to their "home" countries and be physically present there for an aggregate of two years before being eligible to return to the United States in immigrant (permanent resident/green card) status, H status (temporary workers and dependents), or L status (intracompany transferees and dependents). Exchange Visitors subject to the two-year home country residence requirement are not eligible to change their nonimmigrant status from J to permanent residence or to any other nonimmigrant category except A (diplomatic) and G (international organization). Note that former Exchange Visitors are eligible for all other nonimmigrant visa types, even if subject to the two-year residence requirement. Only lawful permanent residence, and H and L visas, are prohibited. Exchange Visitors subject to the two-year residence requirement are eligible to leave the U.S. and apply for visas to return as tourists, or as F-1 students. The usual visa requirements must be met. Persons with a two-year residence requirement are eligible for program transfers and extension of their J status up to the limits of time for their particular Exchange Visitor category. Not all Exchange Visitors are subject to the two-year residence requirement. There are three grounds on which an Exchange Visitor can become subject: 1. If the Exchange Visitor's participation in an exchange program was financed, directly or indirectly, by the United States government or a foreign government for the purpose of exchange. 2. If the skills that the Exchange Visitor is coming to develop or exercise are in a field which the Exchange Visitor's home government requested be included on the State Department "skills list." 5 3. The Exchange Visitor comes to the United States to receive graduate medical education or training. An Exchange Visitor who falls into one of these groups will continue to be subject, even if funding or field of study changes. If the principal J-1 Exchange Visitor is subject to the two-year residence requirement, dependents in J-2 status are subject as well. Funding for J-1 Exchange Visitors Western Washington University is not required to provide funding for the J-1 Exchange Visitor. Funding sources could include a U.S. government agency, an international organization, the Exchange Visitor’s government, the Binational Commission of the Exchange Visitor’s country, the Exchange Visitor’s employer or other organization, or any combination of these. Personal funds may supplement institutional, governmental or agency funding. Combined sources of funding must be sufficient to cover expenses, and be not less than: J-1 scholar: $1500 per month J-2 spouse: $600 per month J-2 child: $400 per child, per month Before issuing the DS-2019, IPE must receive, verify and retain primary-source evidence from all sources of sufficient funding for the duration of the appointment. Evidence should show the Exchange Visitor's name, identify the funding source, and list exact amounts in U.S. dollars. Insurance Requirements Federal law requires J-1 Exchange Visitors and their J-2 dependents to have sickness and accident insurance for the duration of the J-1's program. Minimum coverage must provide medical benefits ($50,000 per accident or illness), a deductible not to exceed $500 per accident or illness, expenses associated with the medical evacuation to the home country ($10,000), and repatriation of remains ($7,500). Note that many domestic health insurance policies, including policies provided by WWU to benefits-eligible employees, do not include medical evacuation and repatriation insurance, and the Exchange Visitor may have to purchase medical evacuation and repatriation coverage separately. Exchange Visitors should make insurance arrangements before departing their home country to begin their program. Frequently, relatively inexpensive international travel insurance is available for purchase in the home country. Many U.S. insurance companies offer policies designed for Exchange Visitors, but benefits vary and policy details are often available only in English. It is important that the Exchange Visitor consider what type of coverage is needed and who will be included on the plan. For example, some policies provide coverage only to the J-1 but do not provide coverage for J-2 dependents. Some policies exclude coverage for pregnancies, or coverage for care received in the Exchange Visitor's home country. Before choosing a plan, the Exchange Visitor should carefully consider his or her personal and family health needs. If insurance arrangements are not made before departing the home country, it is possible to purchase insurance through US-based providers. Some insurance providers are listed below. It is possible to enroll in most insurance plans by completing an on-line registration form, using a credit card for payment. The 6 policies listed below do not represent an endorsement by Western Washington University. The Exchange Visitor is solely responsible for procuring and maintaining suitable health insurance. ISO: https://www.isoa.org/ CISI: http://www.culturalinsurance.com/ , click on Plans for Individuals IMG: http://www.imglobal.com/ click on Choosing the Right Coverage International SOS offers a policy that provides medical evacuation and repatriation benefits only: http://www.internationalsos.com/buymembership/?CFID=14037360&CFTOKEN=74743700 A Statement of Compliance with the insurance requirements must be presented to ISSS within thirty days of the Exchange Visitor's arrival on campus. Required Check-in at ISSS All Exchange Visitors new to Western Washington University (including transfers from another school in the U.S.) must visit International Student & Scholar Services (ISSS) in Miller Hall 212 so that their arrival on campus can be reported to the Department of Homeland Security as required by federal law. Exchange Visitors should bring their passport, DS-2019, health insurance information, and local Bellingham address. The check-in must occur not later than 30 days after the program start date indicated in item 3 of the DS-2019 form. Please contact ISSS at Richard.Bruce@wwu.edu to schedule an appointment. Failure to check-in with ISSS causes automatic revocation of the Exchange Visitor’s lawful status. 7