Exchange Visitor Program (J-1 Scholars)

The J Exchange Visitor category was developed to implement the Mutual Educational and Cultural Exchange Act (Fulbright-Hayes Act) of 1961. The overall purpose of that Act, and the objective of the Exchange Visitor category, is "to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges." The US Department of State oversees the J Exchange Visitor Program.

While the J Exchange Visitor Program has numerous categories that provide opportunities for international cadidates to travel to the U.S. to gain experience in the U.S., UCAR is authorized to sponosr J-1 Research Scholars and J-1 Short-term Scholars only for certain kinds of short-term appointments. These visitors may either receive a salary as UCAR employees or may receive a temporary living per diem, honorarium, and travel expenses. Exchange Visitor (J-1) visas may be granted for up to five years, and an Exchange Visitor may transfer to another type of visa under certain conditions. One expectation of the Exchange Visitor Program is that the foreign national intends to return to their home country after their Exchange Visitor (J-1) visit. Proof of residency in their home country may be requested. There are also some countries that require an Exchange Visitor (J-1) to return to their home country for two years before applying for certain types U.S. visas. Additionally, there is a 12-month and 24-month bar that may impact a potential UCAR visitor, as well as impact future visits to the U.S. after participating in a Exchange Visitor (J-1) program. It is very important to note that J-1 Exchange Visitors in the Research and Short-term Scholar categories are required to have a minimum of a bachelor's degree to participate. Please contact UCAR's Immigration Specialist for detailed information.

Medical/helath insurnace requirements for Exchange Visitor (J-1) Visa Holders:

Exchange Visitors are required to have medical insurance in effect for themselves and any accompanying spouse and minor children on J visas for the duration of their exchange program. At a minimum, insurance coverage shall include: (1)medical benefits of at least U.S. $100,000 per person per accident or illness; (2)repatriation of remains in the amount of U.S. $25,000; and (3)expenses associated with medical evacuation in the amount of U.S. $50,000.; A policy secured to fulfill the insurance requirements shall not have a deductible that exceeds U.S. $500 per accident or illness, and must meet other standards specified in the Exchange Visitor Program regulations: http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=a84a2522d23ee73d7f8787bba4237197&ty=HTML&h=L&mc=true&r=PART&n=pt22.1.62#se22.1.62_114

Application Procedure:

The Division/Program or foreign national must notify the Human Resources Department (HR) immediately when an Exchange Visitor Visa (J-1) is required. The visitor and host division must complete the Visa Information Form.  Frequently, the Exchange Visitor (J-1) visa can be obtained in a few days, but due to increased security checks, the visa may take up to eight weeks to obtain, or longer in certain countries. Application fees are required and can be paid for by the host division or program or by the visitor. Once HR receives both Part 1 and Part 2 of the J visa information form, HR generates a DS-2019 form for the visitor (and for the visitor's dependents, if applicable), and sends the form to the foreign national via FedEx. The DS-2019 is the work authorization for the foreign national, not the Exchange Visitor (J-1) visa stamp. The Exchange Visitor is responsible for tracking the starting and ending dates of the DS-2019. The foreign national takes the DS-2019 along with other required documentation (such as birth certificates, passports, proof of residency, photographs, etc.) to the U.S. Embassy nearest his or her place of residence for a Exchange Visitor (J-1) visa stamp. If the visitor is already in the U.S., approval for extensions and transfers are sought through the U.S. Department of State (DOS) office by the HR office. Please note: new procedures at all U.S. Embassies are meaning longer wait times for visas.  Please be sure to plan ample time for the visa application process - at least 4-6 weeks.

Once the visa is issued, the foreign national may travel to the U.S. The foreign national has a brief interview with a CBP (Customs and Border Protection) official either at the airport of departure or upon arrival in the U.S. The purpose is to verify the intentions of the foreign national in coming to the U.S. and to issue an Arrival/Departure Record (I-94). It is the final step in obtaining authorization to enter the U.S.

Dependents (J-2 visa):

Human Resources must also be notified if the foreign national has dependent family members who will be traveling with him or her and will require dependent (J-2) visas. Family members (spouses and unmarried dependent children under 21) may receive visas to travel with the Exchange Visitor or separately. Dependents need to be included on the Visa Information Form. Applications for family members' visas are submitted to the U.S. Embassy with the Exchange Visitor's application. J-2 dependents may apply to USCIS for work authorization upon fulfilling certain requirements. UCAR does not apply for this type of work authorization. Extensions and transfers for dependent family members are processed at the same time as those of the Exchange Visitor. Application fees are required and are paid by the host division. Proof of residency and proof of relationship to the foreign national will be required.  Please note, common-law marriages are not recognized by USCIS or DOS. All J1 regulations, including medical insurance requirements, two year home rule, and 12- and 24-month bars apply to J2 holders as well.

Changes, Extensions, and Transfers:

If information on the DS-2019 is incorrect or changes at any time during the visit, HR must be notified to prepare a replacement DS-2019 form. If an extension is required, the Exchange Visitor must contact Human Resources prior to the expiration date. HR will issue an extended DS-2019. Exchange Visitor (J-1) regulations have recently changed, increasing the maximum time allowed in the J-1 "Research Scholar" category to five (5) years. However, with this increase in time, a 24-month bar to repeat participation in the "Research Scholar" category has also been implemented. UCAR also can bring visitors in the J-1 "Short-Term Scholar" category. This category has a limit of six months maximum for each visit to the US in this category, however, there is no bar to repeat participation at this time. For more detailed information on the 24-month bar or the "Short-Term Scholar" category, please contact UCAR's Immigration Specialist at smontoya@ucar.edu or at 303-497-8705.

Some Exchange Visitors are subject to a two-year home residency requirement in their country before they can apply for any other type of visa, unless they apply to the DOS for a waiver. An Exchange Visitor (J-1) can apply to be transferred to another type of visa (usually an H-1B visa) as long as the two-year home rule residency requirement does not apply or if a waiver has been approved, and the Exchange Visitor meets the requirements of the new visa. The transfer can be accomplished any time during the time the Exchange Visitor (J-1) visa is valid; however, a six-month notice to HR is necessary in order to allow enough time to process and secure the H-1B visa.

Any change in status through extensions or transfers may require a new visit to the U.S. Embassy if the visitor travels out of the U.S. In order to return to the U.S., the information on the visa must coincide with the information on the DS-2019. Please contact HR to review this information.

Foreign nationals are STRONGLY encouraged not to apply for permanent residence (green card) status while on an Exchange Visitor (J-1) visa. Foreign nationals are recommended to be in H-1B temporary worker status prior to applying for permanent residency status. (See "Permanent Resident (Green Card Status)").

Travel Out of the United States:

Exchange Visitors are STRONGLY encouraged to contact Human Resources prior to any travel out of the U.S. Signatures may be required on the DS-2019 and travel authorization may be required. Failure to secure this information may result in serious travel delays or penalties.

Out of Status:

There are serious consequences for those who allow their DS-2019 status to expire. It is critical that the foreign national is aware of the starting and ending dates on their DS-2019 (and their visa stamp) and make arrangements with Human Resources to either extend or transfer their status prior to expiration. Important notice: The visitor's authorized status is determined by the dates on the DS-2019, not the Exchange Visitor (J-1) visa stamp.

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H-1B Temporary Worker

The H-1B temporary worker visa is an employment visa valid for up to six years in three-year increments.  An H-1B visitor is an foreign national coming temporarily to perform services in a specialty occupation. A specialty occupation is one which requires the theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation and requires completion of a specific course of education culminating in a baccalaureate degree in a specific occupational specialty.  This classification requires a labor attestation issued by the Secretary of Labor.  Engineers, scientists, and systems analysts in most cases easily meet the qualifications required. 

H-1B workers must receive a salary to qualify for this visa. UCAR sponsors this visa for persons of outstanding skills. This visa usually takes several months to obtain and is usually granted for an initial period of three years. It may be extended an additional three years for a total of six years. The U.S. Congress sets annual quotas on this visa and once the quota has been reached, no further new H-1B visas can be issued in that fiscal year. The fiscal year runs from October 1 - September 30. Currently, UCAR is exempt from the H-1B visa cap.

Workers on this visa are only allowed employment at the host facility. To work for another company, or at another location, the new host must submit a new H-1B visa application to transfer the worker to their facility. The time spent at each host site must not total more than the maximum of six years allowed on an H-1B visa.  A Portability Provision allows workers who are changing companies to begin work with the new company once the new company receives notice that the H-1B transfer application has been filed with the USCIS.

The H-1B visa process can take from three months to six months to complete.**  In certain circumstances, Premium Processing is available for an additional $1,410 fee, payable by either the host division or the applicant. Premium processing guarantees and answer on the application within 15 calendar days. Note that it takes several weeks to prepare the application as well. The visitor and the host division program will be kept informed on the status of the application process. Additionally, extensions of an H-1B can also take up to six months to process.  It is the responsibility of the visitor to begin the visa renewal process at least six months prior to expiration of current status.

**note that as of 3/19/2019, USCIS procssing times for H-1B applications are at 10.5 to 13.5 months.

Family members can apply for H-4 dependent visas. 

Application Procedures:

The foreign national or the host division must notify Human Resources (HR) that an H-1 visa is required. The application process takes approximately three to six months to complete. Application fees are required and will be paid for by the host division, with the exception of the Premium Processing fee, which may be paid by either the division or the visitor, if this service is desired. The host division must also supply HR with specific job information and an account number for express mail billing.

If the visitor is currently in the U.S. in another visa status, the H-1B application will include a change of status application along with the H-1B application.  UCAR will apply for the visa through the United States Citizen and Immigration Services (USCIS) processing center.  If the visitor is currently in the U.S. in another visa status, he or she is advised not to leave the country while the H-1B application is pending.  If the visitor leaves the country while the H-1B visa application is pending, by law he or she will be taken off payroll once the visa is approved and cannot be reinstated without leaving the country and returning with the H-1B visa stamp in his or her passport.

A visitor who changes status will not have to visit a U.S. Embassy unless he or she travels outside of the U.S.  If the visitor does travel outside of the U.S., then a new visa stamp will be required to reflect the current H-1B visa status before entry back to the U.S. will be permitted by USCIS. Please note: new procedures at all U.S. Embassies are meaning longer wait times for visas.  Please be sure to plan ample time for the visa application process - at least 4-6 weeks.

If the visitor does not have a current U.S. visa, USCIS will send approval information to the U.S. Embassy near the visitor’s place of residence.  A copy of the approved H-1B visa materials will also be sent to the visitor.  The visitor is required to bring these materials to that U.S. Embassy to apply for an H-1B visa stamp.  No additional visits to a U.S. Embassy will be required for foreign travel unless the visitor’s visa stamp expires or no longer reflects current status.

Human Resources will send the foreign national an instruction letter and a Visa Information Form for the foreign national to complete. The foreign national will be asked to supply copies of the following:

• A copy of visitor’s current I-94 record (if currently in the US) - this can be retrieved and printed at: https://i94.cbp.dhs.gov/.
• A copy of visitor’s Ph.D. certificate, or highest completed diploma.  (The field of study must be indicated.) If the original is in a language other than English, a certified English translation is required.
• If the highest completed degree was obtained from an academic institution outside of the United States, a credential evaluation is required. You are free to choose any credential evaluation service this is certified by the National Association of Credential Evaluation Services (NACES). Note that some of the evaluation service providers offer expedited or even overnight processing for an additional fee. UCAR does not endorse any specific evaluation service, but can provide the following list of services that are certified by NACES:
  www.ece.org
  www.wes.org
  www.ierf.org
  www.Educei.com  
  Silvergate Evaluations: https://silvergateevaluations.com/pricing-2/
  FIS: https://www.fis-web.com/
• A copy of visitor’s most recent curriculum vitae.
• A copy of the job description or research proposal for visitor’s appointment at UCAR/NCAR.
• Visitor’s current work address, phone, e-mail, and fax numbers.
• Visitor's home address and phone number.
• Name, location, phone number of your UCAR host.
• City and state you will work and reside during your appointment with UCAR.
• Address and phone number where approved H-1B materials can be sent to visitor (if different from above).
• A copy of visitor’s current visa stamp (if currently in the US).
• Copies of all of DS-2019 documents and J-1 passport visas, if visitor currently, or has ever held, J-1 Exchange Visitor visa status.
• A copy of approved waiver of 2-year home residence requirement for J-1 visa holders, if applicable.
• A copy of I-20 if visitor is currently in F-1 status.
• For those who currently hold F-1/OPT status, evidence of employment for the duration of the OPT status is required to illustrate maintenance of OPT status and employment requirements. This can be in the form of paystubs and/or a verification letter from the employer stating dates of employment and hours worked.
• A copy of I-797 approval notice, if visitor is currently in H-1B status.
• A copy of visitor’s passport identification pages including photograph.
• A copy of visitor’s Employment Authorization Card (if applicable).
• A completed copy of the Visitor Information Form.
• For extensions of H-1B status, pay stubs for the previous three months are required as evidence of employment and maintenance of status.
• Dependents' materials, if applicable.

The following information is required from the host division/program:

• The administrator or contact name for the division/program regarding visitor appointment.
• Anticipated starting date for visitor.
• Salary for visitor.
• Title for visitor.
• Title of visitor’s supervisor, and whether the visitor will be supervising anyone.  If so, title(s) of visitor’s subordinate(s).
• A brief outline of duties/responsibilities for the visitor’s appointment.
• Account code for FedEx materials to be sent to USCIS and the visitor.
• Check authorization for application fees (currently $460+$500 anti-fraud fee/worker; $1410 optional premium processing fee).  At the appropriate time, a check request will be sent for authorization.

Once all the required information is collected, HR will submit the necessary application materials to the Department of Labor and the United States Citizen and Immigration Services. The application process can take up to six months. When approved, UCAR will receive notification. If the foreign national is out of the United States, the materials will be sent to the foreign national who will take the materials to the nearest Embassy to receive an H-1B visa stamp in his/her passport. Once the visa is issued, the foreign national may travel to the U.S. The foreign national will have a brief interview with a CBP (Customs and Border Protection) official either at the airport of departure or upon arrival in the U.S. The purpose is to verify the intentions of the foreign national in coming to the U.S. and to issue an Arrival/Departure Record (I-94 card). It is the final step in obtaining work authorization.

If the foreign national is in the U.S. under a different visa status, he/she will receive a change of status to an H-1B visa, which will take effect on the start date on the H-1B card. The foreign national need do nothing further as long as he/she remains in the U.S. He/she is authorized to be in the U.S. and to work for the duration of dates on the H-1B visa. If the foreign national travels outside of the U.S., he/she will be required to visit a U.S. Embassy to get a new visa stamp prior to returning to the U.S. The foreign national must present all of the H-1B application materials to the Embassy official that will be sent with the H-1B approval notice visa from the HR office. HR will need to be notified also to provide additional employment information for this process.  As noted above, new procedures at all U.S. Embassies are meaning longer wait times for visas.  Please be sure to plan ample time for the visa application process - at least 4-6 weeks.

The foreign national is required to track the beginning and ending dates of his/her visa and to notify Human Resources if an extension or transfer is required prior to expiration. H-1B visas are valid for up to six years in three-year increments. Extensions of H-1B visas also can take up to six months to process so a six month advance notice is required.

Extensions and Transfers:

Human Resources must be notified six months in advance of the expiration of an H-1B visa in order to apply to extend it. H-1B visas holders interested in transferring visas in order to remain in the U.S. usually move on to permanent residency status, if they meet the criteria for such status. H-1B and H-4 visas can be extended for up to a total of six years.

Dependents (H-4 visa)

Dependent family members include legal spouses and unmarried dependent children under 21. Dependents may receive visas to travel with the foreign national or separately. Proof of residency and proof of relationship to foreign national will be required.  Please note: the USCIS and the DOS do not recognize common-law marriages.

If the foreign worker and dependents are traveling to the U.S. initially on an H-1B or if the dependents are traveling separately, applications for family members' visas are submitted to the U.S. Embassy nearest their place of residence subsequent to the approval of the foreign national's approval of an H-1B visa.

If the foreign worker's dependents are already in the U.S. in another status, a change of status application form must be completed and submitted along with the foreign worker's H-1B application materials. 

Please note: UCAR is unable to financially support filing fees for H-4 dependents. Also, H-4 dependents can obtain work authorization only under very specific circumstances: https://www.uscis.gov/working-united-states/temporary-workers/employment-authorization-certain-h-4-dependent-spouses

The following documents are required from the visitor’s dependents to apply for an H-4 visa(s):

(Dependents include married spouses and children under 21 years of age.)

Dependents who are currently in the U.S. must provide the following documents:

• Complete Form I-539 and supplement for those dependents needing a visa.  The form may be found at: https://www.uscis.gov/i-539.  It may be filled out on the computer, but must be printed and sent to the Immigration Specialist as a hard copy.
• Copy of dependents’ current I-94 card(s) (front and back);
• Copy of dependents’ passport(s) including photo page
• Required filing fees. You may pay the fee with a money order, personal check, or cashier’s check. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security. Please note that service centers are not able to process credit card payments.
  

For dependents that do not have visas (are not currently in the U.S.), application is made at a U.S. Embassy near their place of residence.

• Passports, proof of residency and relationship to visitor must be brought to the U.S. Embassy to complete application paperwork.  This can be done at the time you take your approved H-1B materials to the Embassy for your visa stamp.  Again, please note: new procedures at all U.S. Embassies are meaning longer wait times for visas.  Please be sure to plan ample time for the visa application process - at least 4-6 weeks.

Check the Status of Your H-1B Application Online

The status of pending cases at the USCIS Service Centers may be checked via the Internet: https://egov.uscis.gov/casestatus/

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