Show:
212(e) Home Residence Req.
Da' "Bars" and "categories"
DS-2019 Issuance and Acquiring J-1
Employment
EV Program and Players
100
If subjected to 212(e) Home Residence Requirement name three things which are restricted for the EV (and their J-2 dependents) until the 212(e) is waived or satisfied.
1- Change of status within the US from J-1 (or J-2) to any other status (including to J-1 or J-2). 2- An H visa. 3- An L visa. 4- US Permanent Residence (Green Card)
100
Dr. Rebecca Johansson of Sweden has been invited to be a Visiting Researcher from January-October 2016. In reviewing her visa history you see that she spent four months in the 'Professor" category at another university between April and August 2014. Is Dr. Johansson eligible to come on a J-1 for the proposed visit?
No, not if the chosen/necessary visa would be J-1 for the category of Research Scholar or Professor. Dr. Johansson is subject to the 24 month bar because she was in the Professor category (even if that visit was only 4 months in duration).
100
True or False: A valid J-1 visa can be used only for participation at the school or program for which that visa was issued and no other school(s) or program(s).
False. In the case of transfers between institutions within the same category or even travel and reentry with a new SEVIS number, the original (and still-valid) visa may still be used to participate in a new program as long as the overall program objective remains the same.
100
A J-1 degree-seeking student is offered a position of 10 hours/week in the college library. Can this student work? Why or why not? If yes, what is required for the employment?
Yes, if the student is otherwise maintaining status, he or she may work. The Employment must be authorized by the J-1 program sponsor in SEVIS and in writing. If the student doesn't already have an SSn, then an SSn application will have to be submitted using prescribed SSA requirements.
100
True or False: It is required that the Responsible Officer (RO) and all Alternate Responsible Officers (AROs) be U.S. Citizens or Permanent Residents.
True
200
Name 3 possible ways a scholar may be subject to the 2-year home residency requirement.
1- Received government funding 2- Field of study/expertise appear on the Skills List 3- Foreign Medical Graduate in the US under sponsorship from ECFMG 4- Dependent of a J-1 who is subject
200
Dr. Bae Song has been invited to your school by a professor to give guest lectures for one month on the topic of Archaeology. He completed a visit as a Visiting "Professor" on a J-1 at another US institution seven months ago. Which category is most appropriate? Will any bars apply in this case? If so, which?
Short-term Scholar. There is a 24 month bar in this case but it doesn't impact the Short-term Scholar category. It would, however, impact eligibility to come back as a Research Scholar or Professor.
200
Ming Qian is coming to your school for one academic year of undergraduate classes on an exchange program. She will not be seeking a degree. Which category is most appropriate for Ming? How long could she stay in the U.S. in this category?
The "non-degree" category which will give her a maximum duration of two years.
200
A J-1 Scholar from China who is doing research and teaching at your institution’s Confucius Institute has been offered a temporary position with a local company as a consultant/trainer to prepare a group of American executives for their one month business trip to China. Is this permissible? Why or why not? If so, what must be done?
Yes, this sounds like it would be in line with the Scholar's objectives, field, and in the "spirit of exchange". Procedures must be followed by the RO/ARO to authorize the employment in writing and the Site of Activity must be added to the SEVIS record. In order to authorize the activity the RO/ARO will need: - A letter from the "employer" setting forth the terms and conditions of the offer to lecture or consult including the duration, number of hours, field or subject, amount of compensation, and description of such activity; and - A letter from his or her department head or supervisor recommending such activity and explaining how it would enhance the exchange visitor's program.
200
Which of the below are among the many general program requirements and obligations for an EV Program?: a- Reciprocity -- sponsors must make a good faith effort toward reciprocal exchange, sending Americans abroad. b- Cross-cultural activities -- sponsors must make such activities available to exchange visitors. c- Provide detailed Pre-arrival information and orientation to inform visitors of their rights and obligations. d- All of the above.
d- All of the above. (source: RO/ARO Guide: http://exchanges.state.gov/jexchanges/docs/roaro_guide_1007.pdf)
300
Related to the 212(e) Home Residence Requirement,what is the difference between an "Advisory Opinion" and a "Waiver"?
An Advisory Opinion is an official judgement from the Department of State to determine if the visa notation indicating whether or not the EV is subject to 212(e) is correct. The Waiver is a request to remove the 212(e) requirement.
300
Arvind Patel from India is a J-1 in the category "student doctorate"; the only additional piece of information you have is that he finished his PhD nearly three years ago. The Department of Physics would like to host him as an unpaid Visiting Research Scholar for one year and the Department Head calls to ask your advice regarding eligibility. What do you say?
This is a tricky one for the following reasons: 1- If the student completed his PhD nearly three years ago and he is still in the J-1 doctorate category, the he is nearly finished with Academic Training. 2- He is subject to the 12 month bar. 3- He is unpaid, and as a citizen of India, probably subject to 212(e). Potentially, there might be little that can be done for poor Arvind...
300
During what time frame can an initial EV check-in and have his or her SEVIS DS-2019 record validated?
Up to 30 days prior, and 30 days after the program start date as indicated on the DS-2019.
300
A J-1 exchange student wants to begin an internship one month after arrival at your institution. Is this possible?
Yes, it is. While many schools might have institutional limitations or policies on when Academic Training may begin, there are no clear regulatory restrictions so an EV may be authorized for appropriate Academic Training even after only one month in the program.
300
What are the names of three constituent divisions or offices related to immigration that are within the Department of Homeland Security
Customs and Border Protection (CBP) US Citizenship and Immigration Services (USCIS) Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP)
400
Dr. Helmut Hergeth, a J-1 Visiting Professor from Germany, is being considered for a tenure track position in your college's Department of Electrical and Computer Engineering. There is discussion about changing his status to H-1B. You are called to advise on Dr. Hergeth's eligibility for the H-1B. What factors must be considered to determine if 212(e) applies? Explain.
The two standard factors which might subject Dr. Hergeth would be: 1- the Skills List and/or 2- government funding Germany has no skills list requirements. If Dr. Hergeth did not receive any government in support of the exchange, then he should not be subject to 212(e) and should be eligible for H-1B sponsorship.
400
A graduate level exchange student in the "student non-degree" category has been admitted to your institution's graduate school and this student would like to become a degree-seeking student at your institution. What must be done?
The student does not qualify for a simple change of category through upward matriculation (because the non-degree category does not permit this). The student will either need to file for a change in category with the Department of State, or be issued a new DS-2019 (with a new SEVIS number) for a new (Master's or Doctorate) category, travel, and then reenter the US (as long as found otherwise eligible). Similarly, re-entry with an F-1 might be more suitable.
400
What does the I-94 notation "D/S" stand for and practically speaking, what does it mean for the EV?
D/S = "Duration of Status". It means that the EV can remain in the US for as long as he or she maintains a valid DS-2019 (and is appropriately maintaining status), plus an additional 30 day grace period. Having an I-94 notated with D/S also precludes the EV from having to apply to USCIS for an extension of stay, which is the normal requirement with date-specific I-94 cards.
400
What is the maximum number of months for academic training for students who have completed a doctoral degree?
36 months. Students engaged in post-doctoral work may be authorized for an additional 18 months past their initial 18 months (and after following the necessary steps for authorization, of course).
400
What is the minimum number of Exchange Visitors that a sponsor must have per year?
Five.
500
Soo Hyun Kim is the J-2 dependent child of a Research Scholar from South Korea. Soo Hyun is an enrolled degree-seeking student at your institution and is turning 21 soon. He visits your office to ask about changing his status to F-1 so he can continue his academic program beyond his 21st birthday. Can Soo Hyun apply for a change of status to F-1? Explain what factors must be considered to determine if he is subject. If he is subject, what advice could you provide?
If the J-1 parent is subject to 212(e) either due to the skills list (which is rather extensive for South Korea) or government funding, then Soo Hyun is also subject. As a result, he would be ineligible for a change of status to F-1 status within the US. You could advise him, however, of the option to travel out of the US to apply for the F-1 visa at a US consulate and then use that F-1 to reenter the US.
500
The J-2 spouse of a J-1 post-doc at a neighboring institution has been offered a research position of her own at your institution with a one year contract. The J-1 is finishing his research, however, and is returning to his home country to begin a new job. Can the J-2 take the job as a post-doc? Explain.
If the J-1 was in a Research Scholar or Professor category then the J-2 is subject to the 24 month bar. If the J-1 was in another J category (except Short-term Scholar) for more than six months, then the J-2 is subject to the 12 month bar. In either case,the J-1 Research Scholar category is not available at this time. If the 212(e) home residence requirement doesn't apply, then an H-1B might be available if the institution with petition for it.
500
Name two circumstances in which an EV may change "category" within the US without an application and approval for the change of category from the Department of State.
1- When a degree-seeking student matriculates upwardly (from Bachelor's to Master's; Master's to PhD). 2- When the change is between "Research Scholar" and "Professor" categories (in either direction) and is done to reflect a change in emphasis between research and teaching, and vice-versa.
500
A J-1 Research Scholar at your institution’s Dept of Computer Science is offered an employment opportunity (as a line cook) at an Indian Restaurant adjacent to your campus. You've heard he is a terrific cook! He asks you for guidance for how to get authorization. What do you tell him?
You politely inform him that there is no authorization possible for this sort of work.
500
In addition to the government offices, branches, and units which are directly involved with issuing, monitoring, and administering the exchange visitor visa, name at least two others government offices that are indirectly related, impacted, or interested in an exchange visitor and his or her "status".
Social Security Administration Internal Revenue Service (State) Departments of Transportation (DMV)