International Faculty & Scholars offers four categories of exchange visitors; Research Scholar, Professor, Short-Term Scholar and Specialist.
Research Scholar: 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, unless disallowed by the sponsor.
Professor: 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.
Short-Term Scholar: 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, museums, libraries, post-secondary accredited educational institutions, or similar types of institutions.
Specialist: An expert in a field of specialized knowledge or skill coming to the United States for observing, consulting, or demonstrating special skills.
Effective July 1, 2013 the State of Arizona’s baseline eligibility rates for public assistance will change. As a result, we had to reevaluate our funding requirements for J-1 Research Scholars, Short-Term Scholars and their J-2 dependents. Effective for all program start dates that begin on or after July 1, 2013, the funding requirement will be:
$1,772 per month for J-1 and $620 per month for each J-2 dependent.
This is an increase of $92/month for a J-1 and $30/month for each J-2 dependent.
We are required to confirm that funding requirements have satisfied INA 212(a)(4) before we issue the DS-2019.
(4) Public charge.-
(A) In General
Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible.
Funding Provided in a Range
In addition, when calculating funding from an outside source that is provided in a range, i.e., $1,400 - $1,800/month, we will calculate the guaranteed funding using the lowest rate in the range. Only the lowest rate in the range is guaranteed. If there is a deficit in meeting the monthly required funding when using the lowest rate in the range, additional proof of funding will be required before the DS-2019 can be issued.
If you have any questions, please feel free to contact Ian Wilson, International Scholar Advisor.
Fee Structure and Services Provided for Employment-based Non-Immigrant and Immigrant Petitions
- Effective July 2nd, 2012, IFS increased office processing fees.
*Please be aware that federal and subfederal grants and contracts are not allowed to pay for internal processing fees assessed by the University of Arizona’s International Faculty & Scholars Office for immigration services.
Subject to the federal allowability rules, external processing fees paid to the United States Citizenship and Immigration Services (USCIS) for sponsoring non-immigrant status such as H-1B or J-1 may be allowable on grants and contracts. Fees for sponsoring immigrant status (permanent residency) may never be paid by grants and contracts.
Service fees assessed by International Faculty & Scholars Office or external attorneys may be paid from a non-federal source of fund (i.e. departmental, state, or local accounts.)
Expense (department account) = (4290) Miscellaneous Services - Other Internal: Charges for all other services, which are not specifically addressed in the preceding list of object codes.
Income (OIFS accounting) = (0936 and 0940) Miscellaneous Income: Income received from sources other than those described above. Use 0936 Miscellaneous Income – Internal when revenues are being received for sales to other university departments on and Interdepartmental Billing (IB) document. Use 0940 Miscellaneous Income – Other when income is received from an external source.
Services Provided at No Cost by IFS
Initial consultation and/or referral to a UA approved attorney.
Services Included in Fees
- Processing of petition (I-129, I-140 & DS-2019).
- Federal Express to USCIS.
- One (1) copy of petition.
Associated Expenses Not Included in IFS Fees
- SEVIS and visa fees.
- Translations, copies, educational and/or credential evaluations associated with initial petition and/or Request for Evidence (RFE).
- Review of employment-based PR applications filed by a UA approved outside attorney.
- All USCIS fees, including, but not limited to:
- Application fee (varies by petition).
- $500 Anti-Fraud fee (H-1B’s only).
- Premium processing fee ($1,225 optional).
- List of current USCIS fees.
212(e) Two Year Home Residency Requirement
Many Exchange Visitors are subject to what is known as the two-year home country physical presence requirement of Section
§212(e) of the Immigration and Naturalization Act. It is commonly known as “§212(e)”, “the two-year rule” and “the home residency requirement.” A J-1 Exchange Visitor (and his or her J-2 dependents) may be subject to the §212(e) requirement on one or more of the following bases:
- The Skills List. §212(e) applies if the field of study, research, or teaching is listed on the Exchange Visitor Skills List for his or her country of citizenship or country of past permanent residence.
- Funding. §212(e) applies if the Exchange Visitor receives US or home government funding (directly or indirectly)specifically to support the exchange.
- Receipt of graduate medical education or training. §212(e) applies if the Exchange Visitor participates in the ECFMG’s Exchange Visitor Program, to receive graduate medical education or training.
How to Know if You Are Subject to §212(e)
If you are subject to the two-year rule, you will have a note to that effect on the bottom of your visa. There is no standard note that will appear, however, examples include “two-year rule applies,” “§212(e) applies,” “subject to home rule.”
What Being Subject to §212(e) Means
If you are subject to §212(e), you:
Are not eligible to obtain an H or L visa at a US consular office
Are not eligible for lawful permanent residence status
Are not eligible to change status from J to any other nonimmigrant status from
within the US except to “A” or “G”
Complying with §212(e)
To comply with §212(e), an Exchange Visitor must spend two years physically present in his or her home country or place of last legal permanent residence. Time spent does not necessarily have to be continuous. IFS does not provide assistance in applying for a waiver of the §212(e) rule.
24-Month Bar on Repeat Participation
The US Department of State (DOS) has amended its regulations for J-1 Exchange Visitors in the Professor and Research Scholar categories. The rule states the Professors and Research Scholars can participate in the Exchange Visitor Program for up to five years on a “use it or lose it” basis. It also establishes eligibility requirements for repeat participation in these categories.
Exchange Visitors in the Professor and Research Scholar categories are subject to a two-year ban on repeat participation in those categories after completing or breaking the continuity of a five-year period of eligibility. The two-year bar applies in two circumstances:
- If the Professor or Research Scholar completes a full five years of a program participation with one or more sponsors.
- If, before the full five-year period is over, the Professor or Research Scholar completes his or her program. In this case, the individual’s SEVIS record becomes INACTIVE. He or she is not eligible to access the unused time and must wait two years before beginning a new program as a Professor or Research Scholar.
Therefore, in order to access a full five years of eligibility, the SEVIS record must be kept ACTIVE. This requires a continuous period of program participation. If a J-1 Professor or Research Scholar’s DS-2019 end date is reached, he/she must either 1) extend his/her J-1 status under the UA exchange visitor program; or 2) transfer to another exchange visitor program. The SEVIS record will automatically become INACTIVE the day after the DS-2019 end date.
The 24-month bar should not be confused with the two-year rule, 212(e). These are two completely different regulations. The two-year rule, 212(e), may apply to anyone who enters the U.S. on a J visa. The 24-month bar only applies to J visa holders who enter the U.S. in the Research Scholar or Professor categories.
The 2-year bar on repeat participation does not require the individual to reside in his or her home country as does 212(e), nor does it require that the scholar leave the United States. It requires only that he or she not be in J Professor or Research Scholar status for two years before becoming eligible for a new five-year period of program eligibility in J Professor or Research Scholar status.
12 Month Bar Provision
The general provisions of the 12-month bar is that an Exchange Visitor is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued “to begin a new program” if he or she was physically present in any J status (including J-2 status) for “all or part of” the “twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019.” This general rule is the modified by three exceptions:
- J-1 Transfers
- Presence in J status of less than 6 months
- Presence in J status as a Short-term Scholar
The 12-month bar does not apply to those who are subject to the 24-month bar. In other words, those individuals who are subject to the 24-month bar will not be subject to an additional 12-month bar.
J-1 Health Insurance Requirements
Important: The US Department of State (DOS) regulations require that all J-1 principal and J-2 dependent non-immigrants in residence at U.S. institutions of higher education to have specific medical insurance coverage by the time of the J-1 Program start date as outlined below. (22 CFR 514.14 and 22 CFR 62.14)
US Department of State Requirements
- medical benefits of at least $50,000 per accident or illness
- a co-payment not greater than 25% of the covered benefits per accident or illness
- a deductible not to exceed $500 per accident or illness
- a waiting period for pre-existing conditions that is reasonable by current industry standards
- coverage for activities inherent to the exchange program (i.e., flight training for an aviation school)
- repatriation of remains in an 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
Health Insurance Options
You must submit a copy of your health insurance policy, in English, showing that the coverage meets DOS requirements and is in effect by the start of your J-1 Program. You will submit this during your orientation at IFS, and your SEVIS record will not be validated until you have done so. If you do not have health insurance in effect as of the J-1 Program start date listed on your DS-2019, you will be required to purchase a policy.
- Coverage from Home Country
Visitors are welcome to bring health insurance for themselves and their dependents from their home countries for the duration of their J-1 Program, providing the insurance documentation is in English showing that coverage meets DOS requirements and is in effect by the start of the J-1 Program.
- Eligible for The University of Arizona Employee Benefits
Please check with your university department regarding your eligibility to enroll onto The University of Arizona Faculty/Staff Insurance. If you are, find out when your orientation will take place and when your UA employee benefits will take effect. This is important to know because you will need to purchase an insurance policy providing coverage that meets the DOS requirements that are in effect by the start of your J-1 Program until your UA employee benefits take effect, meaning that you may need to purchase a health insurance policy that will cover you during the gap period.
- Arriving with No Health Insurance Coverage
If you do not have health insurance in effect by the start of your J-1 Program, you will be required to purchase The University of Arizona endorsed Student Health Insurance Plan.
J-1 English Language Proficiency Requirements
Effective January 5, 2015, the Department of State (DOS) now mandates that J-1 exchange visitors possess sufficient English language proficiency, as determined by an objective measurement.
Specifically, 22 CFR 62.10(a)(2) provides:
The exchange visitor possesses sufficient proficiency in the English language, as determined by an objective measurement of English language proficiency through a recognized English language test, by signed documentation from an academic institution or English language school, or through a documented interview conducted by the sponsor either in-person or by videoconferencing, or by telephone if videoconferencing is not a viable option.
To comply with these new regulations, International Faculty & Scholars (IFS) will now require all initial DS-2019 requests for Research Scholars, Professors, Short-Term Scholars, and Specialists to include documentary proof of one of the following seven objective measurements of English language proficiency.
- RECOGNIZED ENGLISH LANGUAGE TEST
A score sheet from one of the following four tests indicating that the prospective exchange visitor has taken the test within the past two years and obtained at least the minimum score indicated. This list is exhaustive and each test was chosen specifically because it includes both a speaking and listening component.
- Test of English as a Foreign Language (TOEFL) Internet-Based Test (iBT)
- International English language Testing System (IELTS)
- Cambridge English: First (FCE), Advanced (CAE), or Proficiency (CPE)
- Test of English for International Communication (TOEIC)
- SIGNED DOCUMENTATION FROM AN ENGLISH LANGUAGE SCHOOL
A signed letter from an internationally recognized English language school affirming that they have assessed the prospective exchange visitor’s English language proficiency within the past two years at the equivalent of level B2 or higher on the Common European Framework of Reference for Language (CEFR). Further, the letter must indicate: (1) any and all accreditations possessed by the school; (2) the method of English language proficiency assessment; (3) the date of assessment; and (4) the dates the prospective exchange visitor attended courses at the school.
- DOCUMENTED INTERVIEW CONDUCTED BY A UNIVERSITY OF ARIZONA (UA) CENTER FOR ENGLISH AS A SECOND LANGUAGE (CESL) ASSESSMENT SPECIALIST
A score sheet completed by a UA CESL assessment specialist, dated within the past two years, indicating that the prospective exchange visitor possesses English language proficiency at the equivalent of level B2 or higher on the CEFR. For more information regarding UA CESL’s Skype assessment, please visit https://ceslapp.arizona.edu/admissions/vscholars/ or email Eddy White at firstname.lastname@example.org.
IFS has adopted CESL’s Skype assessment as our only accepted form of documented interview because it meets each of the DOS requirements regarding measurement of English language proficiency. Namely, it is standardized, which negates any appearance of impropriety in the event of a DOS audit of our institutional policy, and it is documented via score sheet based on the CEFR – a recognized set of guidelines measuring language proficiency.
- DEGREE FROM ACADEMIC INSTITUTION UTILIZING ENGLISH LANGUAGE INSTRUCTION
A diploma (bachelor’s degree or higher) issued by an academic institution that utilizes English language instruction. In addition to submitting the diploma, verification that the institution utilizes English language instruction must also be submitted. Verification of English language instruction could take on many forms, including but not limited to a printout of the institution’s website or signed documentation from an official at the institution, but personal attestations from prospective exchange visitors and parties not affiliated with the institution will not be accepted as verification.
English language proficiency is now an eligibility requirement for participation in the Exchange Visitor Program and failure to adequately meet the requirement prohibits the issuance of Form DS-2019. Falsification of any of the abovementioned documents for the purpose of circumventing the English language proficiency requirement shall result in the termination of an exchange visitor’s J-1 program.