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 The
J-1 Faculty Host Exchange Visitor Handbook
Table of Contents
-
Introduction
-
Classification
of Exchange Visitors
-
J-1
Exchange Visitor Categories
-
Procedures to Bring a Visiting Scholar to the University
-
Division of Responsibilities
-
Health Insurance
-
Social Security Numbers
-
Federal and State Income Tax
-
Incidental
Employment
-
J-2
Dependents
-
Two-year
Home
Residence
Requirement
-
Post
Arrival Check List
-
Additional Resources
-
Who
to Contact
-
Exchange Visitor Biographical Data Form (Form 1)
-
Exchange Program Goal Statement Form (Form 2)
-
DS
2019 Immigration Request Form (Form 3)
Hosting J-1 Exchange Visitor
Scholars at the University of Hartford
Introduction
The J-1 Exchange Visitor
category was developed to implement the Mutual Educational and Cultural Exchange
Act (Fulbright-Hayes Act) of 1961. The overall purpose of the Act, and the
objective of the exchange visitor visa 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 Exchange Visitor
Program involves the collaboration of the U.S. Department of State (DOS), the
Department of Homeland Security (DHS) and exchange visitor program sponsors.
Under the terms of its Exchange
Visitor Program, the University of Hartford is authorized by the Department of
State to invite international students, faculty and visitors to campus for the
“purpose of teaching, instructing or lecturing, studying, observing, conducting
research, consulting, demonstrating special skills or receiving training in the
general interest of international academic exchange. Inherent in this
permission are legal responsibilities assumed by the University of Hartford and
the International Center. The International Center is the office responsible
for the University’s Exchange Visitor Program; it is authorized by the DOS to
issue the DS-2019 Form (the form required by a U.S. Embassy to verify an
exchange visitors program before a visa may be issued).
The sponsoring University
faculty member or department also assumes responsibilities for the sponsored
visitor. A successful international experience begins with, and is heavily
dependent upon, the active commitment of an individual faculty member, staff
person, or administrator in assisting the visitor with her/his smooth
integration into the campus culture as well as with the challenges of living in
the U.S. It is important to remember that many exchange visitors may have never
been to the United States before, may not have strong English language skills,
or may be away from their families for the first time. Thus, the will often need
support and encouragement from their faculty or department. This certainly
involves personal time on the part of the sponsor and might, in emergency
situations, even call on personal resources.
We ask that you consider the
following as you think about sponsoring an exchange visitor to the University of
Hartford.
-
As a sponsoring faculty
member, do you have adequate time to devote to the exchange visitor? Who
will pick the visitor up at the airport? Who will arrange for housing, a
Social Security number, a driver’s license, daily transportation, food etc.?
Do you know how many family members can legally live in a one bedroom
apartment? Do you have copies of taxi and bus schedules to provide to the
visitor?
Hosting an exchange visitor is a
rewarding experience for the scholar, the faculty sponsor and the University.
However, it also entails serious responsibility and can be fraught with
unexpected surprises and demands.
Classification of Exchange Visitors
Proper classification of the
exchange visitor is very important because Federal regulations governing the
Exchange Visitor Program do not permit certain exchange visitors to change
categories (i.e., changing from research scholar to a student) or alter the
proposed program after arriving in the U.S. Thus the primary purpose of
the visit of a research scholar or professor must always be some combination of
research, teaching or observation, although they may also audit and/or enroll in
course work part-time as part of their campus activities. Since their stay in
the U.S. is limited to a maximum of five years, they should not be encouraged to
begin any combination of activities lasting more than five years in duration.
If any question exists as to
whether the primary purpose of the exchange visitor's activities at the
University of Hartford is research/teaching/training or formal degree studies,
please contact the International Center before the issuance of the official
Immigration DS-2019 Form. Persons whose
primary purpose is study must follow the normal procedures for admission as a
student. They may not be brought to campus as research scholars.
Furthermore, Department of State regulations prohibit exchange visitors
previously in this country in any J-1 research/professor category from
reentering the U.S. as J-1 researchers or professors for 12 months.
In considering whether or not to
bring an Exchange Visitor Scholar to the University, employing departments may
also want to consider other visa classes which may offer different benefits for
your exchange proposal:
J-1 Exchange Visitor Categories
The Department of State has designated the University of Hartford as a sponsor
of J-1 exchange visitors for the following categories: (1) Professor, (2)
Research Scholar, and (3) Short-term Scholar and (4) Specialists.
1. Professors
are scholars who are
primarily engaged in teaching. J-1 Professors may engage in research even if it
is not the primary objective of their visit. They may also engage in
“observation.” The eligible participant shall not be a candidate for a tenure
track position. Also, a professor may not be in the United States in J-visa
status for any part of the 12-month period preceding the start date of their
programs, indicated on their Form DS-2019. Professors are limited to five years
in J-1 status.
2. Research Scholar
are scholars
who are primarily engaged in research. J-1 Research Scholars may teach even if
it is not the primary objective of their visit. Also, a research scholar may not
be in the United States in J-visa status for any part of the 12-month period
preceding the start date of their programs, indicated on their Form DS-2019.
Research Scholars are limited to five years in J-1 status.
3. Short-term Scholars
are defined as
"scholars coming to the United States for a period of up to six months to
lecture, observe, consult, and to participate in seminars, workshops,
conferences, study tours, professional meetings, or similar types of educational
and professional activities.” There is no possibility of extending the program
beyond six months.
4.
Specialists
are experts in a field of specialized knowledge or skill, who come to the United
States to observe, consult, or demonstrate special skills. (Professors, research
scholars, short term scholars, and alien physicians are excluded from this
category.) The purpose of the specialist category is to facilitate exchange
among experts at scientific institutions, government agencies, museums,
corporations, libraries, and similar types of institutions. The maximum duration
of this category is one year.
Note: Rules governing each
classification are subject to change. Contact the International Center for the
most up-to-date regulatory information.
Procedures to Bring a Visiting Scholar to the University
The process of facilitating an
exchange visitor’s time at the University of Hartford involves a number of steps
which will require the sponsoring faculty member or department to initiate plans
at least three to four months in advance of the anticipated program start date.
By following the recommendations and steps below, you will help to insure a
smooth integration into university life for your exchange visitor.
Planning Ahead (three to four
months in advance of proposed visit)
Academic departments or faculty
sponsors must first consider whether it is feasible to obtain proper immigration
status for a prospective exchange visitor within an available time frame.
Departments must prepare all the necessary supporting documents needed for
immigration applications early and carefully, and take into consideration the
complexities of immigration regulations in planning for staffing positions.
Departments need to be aware of the fact that immigration paperwork prepared by
the International Center may take time.
After an agreement
in principle has been reached between the faculty host and an exchange visitor,
you must make an appointment to meet with the Associate Director of the
International Center, who is the Responsible Officer of our Exchange Visitor
Program. At that time you will receive information regarding all the processes
and procedures needed to make your program a success. It will provide you with
an opportunity to learn about faculty exchange as well as an opportunity to ask
questions. You will also be given a J-1 Scholar Packet which will
include this publication as well as the forms required to process the
immigration document(s) needed by the exchange visitor to secure his/her J-1
visa.
The Steps for
Bringing a J-1 Exchange Visitor to the University
Step 1
The first step in bringing a
visiting scholar to the University is writing him/her an official Letter
of Invitation signed by the Department Chair or the Dean. This letter
should detail the nature of the exchange collaboration and specifically what the
department will be able to offer to the scholar. It should explain whether or
not the department will be able to offer office space, staff assistance,
departmental facilities, salary and or stipend, and the agreed length of
stay/dates the scholar will be on campus.
Step 2
Once the Letter of
Invitation has been accepted by the exchange visitor, the Dean should
write an official University Appointment Letter indicating that
the visitor has an academic relationship to the University of Hartford. For
those scholars who will not be paid by the University, the appropriate
appointment is generally as a “University Affiliate – Visiting Scholar –
Non-Employee.” Any exchange visitor who will be on the University payroll should
be appointed according to the conditions of their contract with the specific
department and in accordance with college, HRD and Payroll requirements.
Step 3
(A) The
faculty sponsor will continue the process by forwarding the Biographical
Information Data Form (Form 1) to the prospective exchange
visitor. This form is required in order to capture biographical information from
the scholar that is needed to prepare the DS-2019 immigration document.
(B) The
exchange visitor must complete Form 1 and return it with
supporting documentation, including a curriculum vita
and financial support statements.
Note: The curriculum vita
is important as the University is obligated to substantiate the academic
credentials of all exchange visitors to insure compliance with DOS regulations.
The State Department’s Exchange
Visitor Program also requires that the prospective visitor have access to
financial resources that are adequate to provide for a reasonable standard of
living while in the United States. In addition, that requirement is meant to
ensure that the visitor does not become an "economic burden" on our local,
state, or federal governments. In advance of the DS-2019 being issued, the
visitor must provide proof of this adequate financial support. For a
current estimate of expenses for a visiting scholar and dependents, please
contact the International Center. Certification of those funds may be in the
form of a bank statement, scholarship or fellowship letter from a government
agency, or institutional sponsor (such as the Fulbright program) or some
combination of those sources. If the exchange visitor will receive funding from
the University of Hartford, a statement from the Dean or Department Chair will
be necessary.
(C) Upon return receipt of the Biographical Data Information Form and
supporting documents, the faculty sponsor or Dean designee will then complete
the Exchange Program Goal Statement Form (Form 2) and the Request
for DS-2019 Immigration Form (Form 3).
Note: The program
“goal statement” is important because that information will be used on the
DS-2019 to substantiate the program’s objective to the Department of State.
The J-1 request
packet should now include:
1.
Letter of Invitation from Dean or Department Chair
2.
University Appointment Letter from Dean
3.
Curriculum Vita supplied by Exchange Visitor
4.
Exchange Visitor
Biographical Data Form (Form 1) completed by Exchange Visitor
5.
Financial Support Documents supplied by Exchange Visitor
6.
Exchange Program Goal Statement Form (Form 2) completed by Faculty Sponsor or Dean designee
7.
Request for DS-2019 Immigration Form (Form 3) completed by Faculty Sponsor or
Dean designee
Step 4
(A) The J-1
request packet, which includes all the documents listed in Step 3, will then
be forwarded to the International Center for review and preparation of the
DS-2019 Form. The International Center will produce the form electronically,
using the government’s SEVIS System. The completed form will be verified
for accuracy, signed and returned to the faculty sponsor along with the Exchange
Visitor “Pre-Arrival Packet” for mailing to the scholar.
Note: The
SEVIS program is an Internet-based system that maintains accurate and current
information on non-immigrant students (F and M visa), exchange visitors (J
visa), and their dependents (F-2, M-2, and J-2). SEVIS enables schools and
program sponsors to transmit mandatory information and event notifications via
the Internet, to the Department of Homeland Security and Department of State
(DOS) throughout a student or exchange visitor's stay in the United States.
(B) The faculty
sponsor will mail the DS-2019 Form and the Pre-Arrival Packet to the exchange
visitor. This packet will include information regarding the SEVIS fee,
Insurance requirements and information on applying for a J-1 visa.
Step 5
After receiving a DS-2019 Form
and the Appointment Letter, the exchange visitor will make an appointment
with an Embassy or Consulate in his/her home country to secure a J-1 visa.
Prior to making the appointment, the exchange visitor will have to pay a
SEVIS fee.
Proof of this fee payment must
be presented at the visa interview. The SEVIS fee cannot be paid
at the embassy or consulate, or at the U.S. Border but must be paid
electronically or through Western Union. Instructions for this payment are
available at the International Center and should be forwarded to the exchange
visitor as part of their “appointment” package.
The scholar must be able to prove that the fee has been paid when
they appear for their visa interview and again when they enter the United
States. This is done by presenting a printed receipt, either from the Internet
if payment was made on-line, or a mailed receipt if payment was made through
Western Union.
Additional Information about the SEVIS fee requirement may be
found at:
http://uhaweb.hartford.edu/intcenter/SEVISfee.html
Note: Currently, the SEVIS
fee is $100.00 and is generally a one-time fee. The sponsoring department
or college may wish to reimburse the exchange visitor for this cost. While
there is no policy to this effect for exchange scholars, F-1 and J-1 students
are reimbursed by the University.
Following the payment of the
SEVIS fee, the exchange visitor will make an appointment for a visa interview.
Visa requirements are often updated and may vary from Embassy to Embassy. It is
prudent for your exchange visitor to call ahead to verify what forms or
documents he/she will need to bring (i.e., birth certificate). If all goes well,
a visa stamp will be placed in the visitor’s passport and the DS-2019 Form
returned. Together, these two items make the scholar valid for entry into the
U.S. under the J-1 category. Additional Information about visa applications may be found
at:
http://uhaweb.hartford.edu/intcenter/applyingforvisa.html
Step 6
The J-1 scholar
enters the U.S. using a valid passport (containing the J-1 visa stamp) and the
DS-2019 Form. The exchange visitor should also have in his/her possession the
University’s Appointment Letter and financial statements of support.
Newly arrived J-1
scholars are required to make an appointment with International Center staff,
which will review the scholar’s documents and discuss pertinent information
concerning the University of Hartford, legal requirements, health insurances
issues and more.
Division of Responsibility
The
International Center
The
International Center is responsible for:
-
The
issuance of all State Department or Immigration Service related documents
including the DS-2019 Form.
-
Monitoring the admission and continued status of an exchange visitor to
insure compliance with DOS, SEVIS and health insurance requirements.
-
Letters
verifying the legal status of an exchange visitor, including those required
by the U.S. Social Security Administration and the CT. Department of Motor
Vehicles.
-
Consultation and guidance
to the visitor’s faculty sponsor or department regarding proposals,
procedures and expectations of the exchange program.
-
Advice regarding the
visitors’ stay in the U.S., including recommendations for housing, Social
Security numbers, driving license, health insurance and other related
issues.
-
Assistance in the review of
non-university contracts as requested by either the faculty sponsor or the
exchange visitor.
-
Access to the International
Center’s CINTAX Income Tax software for the purpose of filing required
income tax returns.
-
Assistance in the
recommendation of appropriate health insurance coverage.
The
international Center will not:
-
Pick up an exchange visitor
on their arrival to the U.S. or provide transportation for any future needs.
-
Actively secure housing
accommodations, furniture, utilities or any other necessities required
during the “settling” in process.
-
Sign or co-sign contracts on
behalf of the academic department or the exchange visitor.
-
Prepare an exchange
visitor’s income tax return nor provide tax advice or strategies.
Income Tax preparation software
is available from the International Center for a nominal fee.)
Sponsoring Faculty or Department
The Faculty member or department
is responsible for:
-
Inviting an exchange visitor
as early as possible. Allow a minimum of three months from the date that
the International Center receives the Request for DS-2019 Immigration Form
(Form 3) to the anticipated arrival date of scholar. Insure that the Request
Form is complete and all supporting documents are attached before submitting
it to the International Center.
-
Answering queries from a
prospective exchange visitor. The exchange visitor should be given names,
addresses, telephone numbers and email addresses of all University contacts.
-
Making appropriate
arrangements for office space, clerical support, computer access, etc.
-
Notifying the International
Center immediately upon the arrival of the exchange visitor to the
University and bringing the scholar to the International Center to check
in within three days of arrival on campus. The Visitor’s passport and
Immigration documents must be made available at that time. It is
important to
notify the International Center if the exchange visitor does not arrive
within seven days of start date on listed on the DS-2019
Form.
-
Insuring that the exchange
visitor and all dependents have obtained sufficient medical insurance
coverage.
-
Informing the exchange
visitor that he/she will need “start-up” money readily available upon
arrival to the U.S. In particular, funds will be needed to secure housing
which may require not only the first month’s rent in advance, but a security
deposit as well. Funds will also be needed for food and transportation
costs as well as the typical costs associated with “setting-up” an
apartment. The International Center can provide you with “start-up” cost
estimates.
-
Cautioning exchange visitors
about bringing dependents with them immediately. It is often better for the
scholar to arrive alone and prepare all academic, living and financial
arrangements before bringing dependents.
-
Insuring that the exchange
visitor applies for a University ID card (dependents will not be issued a
card Insuring that the exchange visitor notifies the International Center of
any changes in scholar’s (or dependents) name, address and telephone number
within 10 days of that change.
-
Monitoring the exchange
visitor’s activities and notifying the International Center of any problems
or difficulties. Any changes made to the goals or functions of the exchange
visitor’s program, as stated in the Goals Statement Form and the DS-2019
Form must have prior authorization from the International Center.
-
Notifying the International
Center within 10 days of the completion or termination of an exchange
visitor’s program.
-
Applying for any extensions
of stay at least three months in advance.
-
Insuring the completion of
all necessary HRD employment forms, including Federal and State forms for
income tax and employment purposes.
Health Insurance Requirement
J-1/J-2 exchange visitors and
their dependents must also carry accident and sickness health insurance which
satisfies the mandatory insurance requirements of the University of Hartford and
the Exchange Visitor Program. The University of Hartford student accident and
sickness plan does not meet the DOS insurance coverage requirement and
is not applicable to exchange scholars. Therefore, all exchange visitors,
regardless of their exchange status, are required to either enroll in the
University’s employee insurance program, purchase medical coverage outside the
university system or show proof that they are covered by a policy issued in
their home country that is valid in the U.S.
The International Center has
access to private insurance companies which have been endorsed by the National
Association of Foreign Student Advisors (NAFSA). These companies offer insurance
policies which meet or exceed DOS insurance requirements. Proof of insurance
coverage must be presented to the International Center upon the arrival
of the exchange visitor or immediately after arrival by showing proof that the
visitor has applied for coverage through an insurance carrier.
The faculty sponsor is
responsible for informing exchange visitors about this requirement, since it
involves the scholar’s financial arrangements. The cost of health insurance, if
borne by the scholar, can be very expensive and may result in thousand’s of
dollars in additional costs particularly if the scholar is accompanied by
dependents.
Note: The determination as to
whether a scholar may enroll in the University’s employee insurance program is
determined by the University’s Human Resources Department.
Social Security Numbers
All exchange visitors who will be on the University's payroll must have a Social
Security number. Since an exchange visitor must have this number to get on the
University’s payroll, there may be a delay in payment to your visitor. In order
to be issued a number, the scholar must present his/her passport and immigration
documents to the Social Security Administration at 960 Main St., Hartford, CT.
An application is available on-line at
http://www.ssa.gov/online/ss-5.pdf.
Due to new immigration regulations, it can take from two to six weeks to get a
social security card. It is very important for all employing departments to
alert their exchange visitor that the University of Hartford will not be able to
pay them until they show evidence that they have applied for their social
security card. All scholars should be advised to bring “start up money” to
bridge this gap.
At the time of application, the
exchange visitor will be required to present his/her DS-2019 Form, passport,
I-94 Arrival/ Departure Card, Appointment Letter and a letter from the
International Center verifying their status with us. A second form of photo ID
may also be required.
Federal and State Income Tax Liability
Many international exchange visitors are surprised to learn that non-US citizens
who are in the United States studying, teaching, or engaged in research are
subject to federal and state income taxes and may also be subject to federal
Social Security tax (FICA) on wages earned. Tax liabilities for international
scholars vary depending on whether the scholar is considered a resident or
nonresident alien for tax purposes. A resident alien for tax purposes is someone
who, for the majority of the tax year, had the right of legal permanent
residence in the United States, i.e., had a “green card,” or who was
“substantially present” in the United States. Substantial presence is based on
the number of days a scholar is in the United States over a period of several
years.
If
the scholar does not pass the Substantial Presence Test, he or she is a
nonresident alien for tax purposes. Nonresidents are taxed only on income
“effectively connected” with their stay in the United States, while resident
aliens are taxed on their worldwide income. Income such as wages earned in the
United States, compensation for services, and profit from the sale of real
estate would be “effectively connected” income. A scholar in a nonimmigrant
status (J-1, H-1, etc.) under certain circumstances may be considered a resident
alien for tax purposes.
All resident and nonresident aliens are required to fill out an annual income
tax form, which must be filed by April 15. Nonresident aliens with U.S.-source
income file
Form 1040NR-EZ
or
Form 1040NR
(Nonresident Alien Income Tax Return) and
Form 8843 (Statement for Exempt Individuals and Individuals with a Medical Condition) for
federal returns and the corresponding state income tax forms. If a scholar has
already returned to his or her home country when the time comes to file a tax
return, he or she will usually be able to obtain the appropriate tax forms from
most U.S. embassies or consulates abroad. In many cases, international scholars
will be due a tax refund. The United States requires employers to withhold tax
on wages earned by all employees. The amount withheld often exceeds the amount
of tax due, especially for scholars working only a portion of the year in the
United States. Current regulations also require that anyone in J status,
including dependents, file Form 8843 (Statement for Exempt Individuals and
Individuals with a Medical Condition) even if the individual had no U.S.-source
income.
If
an exchange visitor is on the University of Hartford payroll, they should
receive and complete a W-4 form before receiving the first paycheck. The W-4 is
an extremely important form. Completing it incorrectly could mean that they may
owe taxes when filing tax returns in April. If there is a tax treaty between the
visitor’s home country and the United States, additional forms will be required.
Note: Because of legal restrictions, the staff of the International Center is
not qualified to answer individual questions from exchange visitors regarding
their tax liabilities. U.S. tax law is extremely complex, and each individual’s
situation varies. It is the responsibility of each international scholar at the
University of Hartford to understand his or her own tax situation. To assist
faculty, researchers, and visiting scholars who are “nonresident aliens for tax
purposes” in filing the relevant forms, the International Center has purchased a
group license from CINTAX, web-based, user-friendly and complete international
tax preparation software for nonresident aliens.
Incidental Employment
for J-1 Scholars
Researchers and
scholars in J-1 status may be authorized to accept employment with an employer
other than their program sponsor, provided that employment is directly related
to the J-1 scholar’s program objectives. Such employment is called “Incidental
Employment”, cannot be full-time and must be approved by the International
Center before the work takes place.
Dependents of a J-1
Scholar
J-1 regulations
permit J-1 scholars to bring their dependents. A J-1 scholar’s spouse or child
will need a J-2 DS-2019 to enter the U.S. in J-2 status and may stay as long as
the J-1 scholar is authorized to remain here. Other family members, such as
parents, are not considered J-2 dependents and must enter the U.S. on a B-2
Tourist visa. An individual in J-2 status may apply to the U.S. Citizenship &
Immigration Services for permission to accept employment. Permission will
be granted only if the employment is intended to support the J-2 spouse and
child/children, and not the J-1 scholar. The processing time for work
authorization is approximately 6-12 weeks. Approval of a J-2’s request for
employment is not guaranteed and is at the discretion of the CIS.
Further
information about J-2 employment is available at:
http://uhaweb.hartford.edu/intcenter/j1handbook.html#15
The Two-year Home
Residency Requirement
The intent of the
Exchange Visitor Program is for the home country to benefit from the J-1
scholar’s experiences in the U.S. Accordingly, J-1 exchange visitors and their
accompanying J-2 dependents may be subject to a “two-year home residency
requirement.” This means that they must spend two years in their home
country or country of last residence after they complete their stay as J-1/J-2
exchange visitors in the U.S. before they may be allowed to file for H1B status
or permanent residency in the U.S.
Further
information about the two-year home residence requirement is available at:
http://uhaweb.hartford.edu/intcenter/j1handbook.html#14
Post-Arrival Checklist
for Faculty Sponsor
-
Arrange for airport pickup
-
Arrange initial hotel
accommodations until suitable long-term housing is found
-
Arrange for Permanent
Housing / Furniture /Utilities / Food (on–campus housing is NOT available)
-
Check-in with the
International Center – bring passport and Immigration documents
-
Arrange for tours of the
department and campus
-
Secure a University ID card
-
Apply for a Social Security
number if employed
-
Meet with HRD and Payroll
Departments if the exchange visitor is employed
-
Insure the exchange visitor
has the proper health insurance coverage
-
Arrange for daily
transportation – secure University and city bus schedules if needed
-
Make an appointment with the
Department of Motor Vehicles for a State ID / Drivers License
-
Discuss what arrangements
may be needed for dependent spouse/children (i.e. schooling)
Resources
Where do I Obtain Further Information?
Any question(s) that you may
have regarding the process of bringing an exchange visitor scholar to the
University of Hartford should be referred to the International Center, GSU327
Please
contact
Richard
Lazzerini
Associate
Director,
The
International Center
860.768.4873
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