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Scholar
Visa Specifics
J-1 | F-1 Student (OPT)
| J-1 Student (Academic
Training) | J-2
Please
note that there are different nonimmigrant visa types
for visitors to the US – each with its own eligibility
requirements, restrictions, and procedures. Immigration
regulations, forms, and fees are also subject to frequent
change. Please consult an OIS advisor or a Human Resources
International Employment Specialist for the latest information.
The information on this page is for general knowledge
only and is not to be construed as immigration advice.
OIS
helps individuals and hiring units at NC State University
with international student issues as well as with J-1
Exchange Visitors (Research Scholars and Professors)
and international students in the US who engage in F-1
Optional Practical Training, J-1 Academic Training,
and J-2 Employment for those who have or need an Employment
Authorization Document. For international employment
advice and processing of H-1B, TN, O-1, B-1/B-2, and
permanent residence visas (or other visa types that
use an Employment Authorization Document), please consult
with the International Services unit in Human Resources.
Contact information is available at: http://www.fis.ncsu.edu/hr/intemployment/
J-1 Exchange Visitor
J-1 Exchange Visitors are invited to NC State to conduct
research or teach a specific subject. The purpose of
the exchange program is to promote understanding between
people of the US and individuals from other sponsoring
countries. OIS may only issue an DS-2019 for J-1 visa
purposes if the NC State department has submitted a
completed and signed DS-2019 request to OIS. The J-1
Exchange Visitor must meet all minimum eligibility requirements.
Maintaining
Status
- Maintain a valid DS-2019
and passport at all times.
- Engage only in those activities
indicated on Box Number 4 on the DS-2019. Your DS-2019
is only valid for the sponsor indicated in Box 2 of
the DS-2019. Do not undertake employment, whether
paid or unpaid, at another university, institution,
or a different NC State department without first consulting
OIS. If the NC State department you are affiliated
with wishes to pay you and your DS-2019 does not reflect
this funding, the NC State department must submit
a new DS-2019 request to OIS indicating the amount
and duration of payment.
- Notify OIS of any address
change, change of nonimmigrant status (please send
copy of I-797 approval and/or I-94 to OIS), or appointment
(site of activities, duties, pay, active status, FTE,
etc.,)
- Keep your I-94 card (arrival/departure
record) in your passport or other secure place. Your
I-94 card is a record of the date you entered the
US in J-1 visa status. Make sure it indicates J-1
visa status and "D/S" for Duration of Status.
If your I-94 card, or those of your family members,
indicate a specific end date, please consult an advisor
at OIS.
- Purchase health/medical
insurance for yourself and all J-2 family members
which meet the minimum requirements as required by
the federal regulations governing the J-1 Exchange
Visitor Program:
$50,000
minimum per accident or illness
$500
maximum deductible per illness
$10,000
provision for medical evacuation
$7,500
maximum for repatriation coverage
OIS has information and brochures on insurance companies
offering insurance which meets the minimum requirements
for J-1 Exchange Visitors. Post Docs employed by NC
State are eligible for a separate group health insurance
plan. Post Docs will need to secure separate insurance
coverage for accompanying family members.
You are allowed a three
year maximum stay as a J-1 Research Scholar or Professor
as long as the NC State department agrees to sponsor
you and you have completed timely extensions of your
DS-2019. J-1 Short Term scholars are allowed a maximum
stay of 6 months.
Extension
of Stay
A memo is sent to your sponsoring department approximately
3 months prior to the end date indicated on your DS-2019.
If the department wishes to extend your stay it needs
to complete a "Request for Issuance of Form DS-2019
" and return it, along with proof of funding,
to OIS. Our office will prepare the DS-2019 for
extension purposes and notify you when you can complete
the extension and receive your pink copy of the extended
DS-2019. Please be aware that all extensions must
be completed prior to the end date on the DS-2019.
OIS may not extend an DS-2019 beyond 3 years for
Research Scholars and Professors or beyond 6 months
for Short Term Scholars. If you will not be extending
your stay, you have a 30 day grace period to leave
the US. You are technically not affiliated with NC
State during this period and thus you cannot receive
any payment or reimbursement.
Travel
If you intend to travel outside the US and plan to
re-enter to continue your J-1 program, you will need
to have a valid passport, valid visa stamp in your
passport which extends to the date you wish to re-enter,
and the pink copy of your DS-2019 signed on the back
by an advisor at OIS. If your visa has expired,
you will need to apply for a new J-1 visa at a US
Consulate or Embassy abroad. To obtain a new visa,
you will need to have a valid passport, an original
DS-2019 endorsed on the back by an OIS advisor,
offer letter, SEVIS fee receipt (see USCIS website
for exceptions and procedures), and proof of funding.
Travel
to Canada and Mexico
J-1 scholars from most countries do not need a valid
visa to re-enter the US if you travel to Canada (or
other contiguous territories of the US) for less than
30 days (Citizens from many Mid-East countries or
on the Department of State posts in the Federal Register
are NOT eligible to use the Automatic Revalidation
and/or Contiguous Territory rules.) You will need
a valid DS-2019 signed on the back by an OIS advisor,
a valid passport, and your I-94 card. When entering
Canada for a trip which will be for less 30 days,
you should not hand over your I-94 card to airline
personnel or Canadian officials. You will need the
I-94 card when re-entering the US. This rule only
applies when traveling to Canada or other contiguous
territories for 30 days or less. The Canadian government
requires that citizens from certain countries require
a visa to enter Canada. Please consult with the Canadian
Embassy to see if you need a visa to enter Canada.
If anyone travels to Canada, Mexico, to a contiguous
territory using the automatic revalidation process,
applies for a US visa while abroad and is denied a
visa, is no longer eligible to return to the US, but
must return to the home country and apply for a new
J-1 visa there.
Two
Year Home Residency Requirement (HRR)
J-1 visitors who are financed by either the US government
or the government of their home country of residence,
or who have special skills which are needed in their
home country of residence, are not eligible for Permanent
Residence or H-1B visa status until they have returned
to their home country and have lived there for two
years after their stay in the US as a J-1 Exchange
Visitor. It is not possible for someone who is subject
to HRR to change to any other status while remaining
in the US. A waiver application, if desired, is the
responsibility of the J-1 scholar. OIS is not able
to assist in the waiver application process. No DS-2019
extensions or transfers can be granted to J-1 Exchange
Visitors if a waiver of the HRR has been recommended
by the US Department of State.
Twelve
Month Bar
Individuals who have been in J-1 or J-2 visa status
within the previous 12 months, for more than 6 months,
are ineligible to begin a new program in J-1 status
in either the "Professor" or "Research
Scholar" categories until they have been physically
absent from the US for a minimum of 12 consecutive
months.
F-1 Practical Training
A benefit of F-1 student visa status is one year of
studies related work experience authorized by USCIS
for a temporary position in the US. Often, students
use this year of practical training following graduation
from their degree program. The student applies for an
Employment Authorization Document card with the assistance
of the Designated School Official. F-1 Practical Training
cannot be extended beyond 12 months. Most often, this
year of practical training is used as a bridge of employment
while the employer petitions for H-1B visa status. F-1
students who wish to work at NC State under the Optional
Practical Training provisions, have a job offer in their
field of study, and have received their EAD must make
an appointment to see an OIS advisor. Students must
bring to an appointment the following: letter of offer
from the NC State Department, a valid EAD, passport,
I-94, and most recent I-20. OIS will prepare a NIVE
Employment Verification form which the payroll representative
will use to place your appointment on the personnel
system.
J-1 Academic Training (AT):
Academic training is employment for a student in J-1
status and in the student’s field of study. The
employment must be directly related to student’s
academic program and recommended by his/her academic
adviser. A student is eligible for a maximum of 18 months
of academic training either prior to or after completion
of studies or a combination of both. The J-1 program
sponsor authorizes J-1 academic training. Those not
sponsored by NC State should contact their program sponsor.
J-1 students whose Program Sponsor is NC State must
obtain written approval in advance and in writing from
OIS before engaging in any employment. J-1 students
(or recent graduates) who are from another school or
program sponsor should make an appointment with OIS
for completion of a NIVE Employment Verification form.
For more information regarding eligibility requirements
and application procedures please consult with an OIS
adviser.
J-2 Status with an EAD
J-2 visa holders are the spouses (or children under
21) of students or scholars who are in J-1visa status.
J-2 visa holders are eligible to apply to USCIS for
work authorization and may be employed once they have
received an EAD card. They are not limited as to where
they may work, but their visa status and work authorization
is contingent upon the J-1 visa holder maintaining his/her
visa status. If you will be working at NC State, please
make an appointment to see an OIS advisor. Bring your
Employment Authorization Document (EAD), a copy of your
DS-2019, I-94, and the letter of offer from the NC State
Department with you. OIS will prepare a NIVE Employment
Verification form which the payroll representative will
use to place your appointment on the personnel system.
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