J-1 Exchange Visitor Program
The Exchange Visitor Program, administered by the US Department of State, is used to bring to the US students, trainees, teachers, professors, international visitors, alien physicians, government visitors, research scholars, short-term scholars, specialists, camp counselors, participants in summer student travel/work, and participants in au pair programs. Drexel is currently authorized to sponsor students, professors, research scholars and short-term scholars. The Exchange Visitor Program and its J-1 visa are distinguished from all other nonimmigrant visa classes by its underlying philosophy of educational and cultural exchange and its fostering of international understanding.
Departments wishing to sponsor a student, professor, research scholar or short-term scholar through the Exchange Visitor Program must complete the “Department Request Form” and return it to International Students and Scholars Services along with the appropriate documentation that is listed on the Application Packet Checklist.
THE EXCHANGE VISITOR INFORMATION LISTED BELOW IS PROVIDED AS A SERVICE OF INTERNATIONAL STUDENTS AND SCHOLARS SERVICES FOR THE DREXEL COMMUNITY. ISSS IS NOT RESPONSIBLE FOR ITS ACCURACY AS UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES AND STATE DEPARTMENT REGULATIONS FOR THE EXCHANGE VISITOR PROGRAM ARE SUBJECT TO CHANGE WITH LITTLE NOTICE
Please consult with International Students and Scholars Services for more information
The following are brief descriptions of the J-1 categories. Although a department may request a certain category for an Exchange Visitor (EV), International Students and Scholars Services will make the final determination of the appropriate category for the EV.
Student is an individual who is:
- Studying in the United States
- Pursuing a full course of study at a secondary accredited educational institution; or
- Pursuing a full course of study leading to or culminating in the award of a U.S. Degree from a post-secondary accredited educational institution; or
- Engages full-time in a prescribed course of study of up to 24 months duration conducted by:
- A post-secondary accredited educational institution; or
- An institute approved by or acceptable to the post-secondary accredited educational institution where the student is to be enrolled upon completion of the non-degree program;
- Engaged in academic training as permitted in Sec. 514.23(f); or
- Engaged in English language training at:
- A post-secondary accredited educational institution, or
- An institute where the college or university student is to be enrolled upon completion of the language training
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, unless disallowed by the sponsor.
Departments should be aware that "the participant shall not be a candidate for a tenure track position" [22 CFR 514.20(d)(i)] provision. Although the position may be a permanent position at Drexel, the department and the exchange visitor (EV) must agree that the EV's time in the position will be temporary. The maximum length of stay for a J-1 professor is 3 years. The International Students and Scholars Office "may grant an extension of up to 6 additional months . . . if the extension is for good cause for the purpose of providing time necessary to complete teaching and research responsibilities. These responsibilities might include teaching the final quarter or semester of courses, completing and writing up the results of a research project, or presenting findings at a professional or scientific meeting."[22 CFR 514.20(i) and (j)] Requests for extensions beyond 6 months be approved by the Department of State. See the ISSS for more information.
Research Scholar is an individual primarily conducting research, observing, or consulting in connection with a research project institutions, corporate research facilities, museums, libraries, post-secondary accredited educational institutions, or similar types of institutions. The research scholar may also teach or lecture, unless disallowed by the sponsor.
Professors and research scholars may be sponsored as exchange visitors only if they have appropriate academic or similar credentials, will participate in a program that "promotes interchange, mutual enrichment, and linkages between research and educational institutions in the United States and foreign countries," and have planned activities that are compatible with those objectives.
The Department of State does not specify minimum academic credentials; however, as a general rule, a master's degree or a bachelors degree with extensive experience in the relevant field is adequate documentation of bona fide research scholar status, although undergraduate students have been successful in the obtaining a J-1 research visa.
Short-term Scholar is defined as: "a professor, research scholar, specialist, or a person with similar education or accomplishments coming to the United States on a short-term visit for the purpose of lecturing, observing, consulting, training, or demonstrating special skills at research institutions, museum, libraries, post-secondary accredited educational institutions, or similar types of institutions" [22 CFR 514.4(b)]. The maximum length of stay for a short-term scholar is 6 months. The short-term scholar is not permitted to apply for an extension of stay.
Two-Year Home Country Physical Presence Requirement
Certain exchange visitors are not eligible for lawful permanent residency or to change to another visa status in the US until they have resided and been physically present in their country of nationality or last legal permanent residence for a total of at least 2 years following departure from the US in J status. These restrictions apply to an exchange visitor:
- whose participation in the program for which he came to the US was financed in whole or part, directly or indirectly, by an agency of the US government or by the government of the country of his nationality or last legal residence;
- who, at the time of admission or acquisition of [exchange visitor status] was a national or resident of a country which the US Department of State, pursuant to regulations prescribed by it, designated as clearly requiring the services of persons engaged in the field of specialized knowledge or skill in which the alien was engaged.
Government Funding
Financed directly means financed in whole or part by the US government or the exchange visitors government with funds contributed directly to the exchange visitor in connection with an exchange visitor program. Exchange visitor's government means the government of the country of the exchange visitors nationality or the country where the exchange visitor has a legal permanent residence.
Exchange Visitor Skills List:
The Exchange Visitor Skills List is an official list compiled by the US Department of State. It names the fields of specialized knowledge and skills needed in each foreign country, as determined by the governments of those countries.
Waiver of the 2-year home-country physical presence requirement
Under certain conditions, an exchange visitor may apply for a waiver of the 2-year home-country physical presence requirement. Please consult International Students and Scholars Services for more information on applying for a waiver.
Mandatory Health Insurance Requirements for J-1 Visa Holders
The Exchange Visitor Program has strict, mandatory health insurance requirement for J-1 visa holders and their J-2 dependents (Section 514.4 of 22 CFR 62):
- Sponsors shall require each exchange visitor to have insurance in effect which covers the exchange visitor for sickness or accident during the period of time that an exchange visitor participates in the sponsor'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 the medical evacuation of the exchange visitor to his or her home country in the amount of $10,000; and
- A deductible not to exceed $500 per accident or illness.
- An insurance policy secured to fulfill the requirements of this section:
- May require a waiting period for pre-existing conditions which is reasonable as determined by current industry standards;
- May include provision for co-insurance under the terms of which the exchange visitor may be required to pay up to 25% of the covered benefits per accident or illness; and
- Shall not unreasonably exclude coverage for perils inherent to the activities of the exchange program in which the exchange visitor participates.
- Any policy, plan, or contract secured to till the above requirements must, at minimum, be:
- Underwritten by an insurance corporation having A.M. Best rating of "A-" or above, an Insurance Solvency International, Ltd. (ISI) rating of "A-" or above, a Standard & Poor's Claims-paving Ability rating of "A-" or above, a Weiss Research, Inc. rating of B+ or above, or such other rating as the Agency may from time to time specify, or
- Backed by the full faith and credit of the government of the exchange visitor's home country; or
- Part of a health benefits program offered on a group basis to employees or enrolled students by a designated sponsor; or
- Offered through or underwritten by a federally qualified Health Maintenance Organization (HMO) or eligible Competitive Medical Plan (CMP) as determined by the Health Care Financing Administration of the U.S. Department of Health and Human Services.
- Federal, state or local government agencies, state colleges and universities, and public community colleges may, if permitted by law, self-insure any or all of the above-required insurance coverage.
- At the request of a non-governmental sponsor of an exchange visitor program, and upon a showing that such sponsor has funds readily available and under its control sufficient to meet the requirements of this section, the Agency may permit the sponsor to self-insure or to accept full financial responsibility for such requirements.
- The Agency, in its sole discretion, may condition its approval of self-insurance or the acceptance of full financial responsibility by the non-governmental sponsor by requiring such sponsor to secure a payment bond in favor of the Agency guaranteeing the sponsor's obligations hereunder.
- An accompanying spouse or dependent of an exchange visitor is required to be covered by insurance in the amounts set forth in Sec. 514.14(a) above. Sponsors shall inform exchange visitors of this requirement, in writing, in advance of the exchange visitor's arrival in the United States.
- An exchange visitor who willfully fails to maintain the insurance coverage set forth above while a participant in an exchange visitor program or who makes a material misrepresentation to the sponsor concerning such coverage shall be deemed to be in violation of these regulations shall not be subject to termination as a participant. [58 FR 15196, Mar. 19, 1993, as amended at 59 FR 34761, July 7, 1994]
J-2 Visa for Dependents of J-1 Visa Holders
Dependents (spouse and/or children under age 21) are eligible for a J-2 for admission to the US. The J-1 applicant must show financial documentation of $4,000 for one dependent and $2,000 for each additional dependent.
Employment of J-2 Visa Holders
J-2 dependents may apply for employment authorization from the US Citizenship and Immigration Services(USCIS) provided the income from this employment will be “used to support the family’s customary recreational and cultural activities and related travel, among other things. Employment will not be authorized if this income is needed to support the J-1 principal alien.” [8 CFR 214.2(j)(1)(v)(A)]
J-2 dependents wishing to apply for employment authorization must make an appointment with International Students and Scholars Services.
Two-Year Home Country Physical Presence Requirement for J-2 Visa Holders
A J-2 dependent spouse and child are subject to the same 2-year home country physical presence requirement if the J-1 principal participant is subject to that requirement.
Tax Obligations of J-1 and J-2 Visa Holders
Earnings from J-1 and J-2 employment, including income from assistantships, are usually subject to federal, state and local income taxes. J-1 and J-2 visa holders should contact the office of Drexel's Non-Resident Alien Tax Specialist for more information on taxes.
Drexel's Tax Office (at 3201 Arch Street) sells a password for a web-based tax reporting program for non-resident aliens. J-1 exchange visitors should contact ISSS in March for information on how to purchase a password.