Memorandum
| To: | Faculty and Administrators |
| From: | Office of International Student & Scholar Services |
| Subject: | Exchange Visitor Program (J-1 Visa) Application Procedures |
The DS - 2019 request form is submitted to the Office of International Student & Scholar Services for preparation of the form DS - 2019, Certificate of Eligibility (formerly known as IAP - 66), for a visiting scholar, faculty member, or researcher to obtain a J-1 visa. All of the information on the request form must be provided before the DS - 2019 can be issued. If some of the information required is not readily available, the department must communicate with the prospective visitor to obtain it. Do not send the request form to the visitor; rather, collect the information from the visitor directly. Most items can be determined from the vita or resume. The request form must be approved by the appropriate dean or vice president before the DS - 2019 can be issued. If the visitor will be on the State payroll or Research Foundation payroll, a copy of the DS - 2019 will be sent to the appropriate payroll office by the Office of International Student & Scholar Services.
Copies of the supporting documentation (vita and funding information) and a copy of the appointment letter from the appropriate dean or vice president must be submitted with the request. The DS - 2019 and information on visa application procedures, travel, and health and accident insurance will be sent to the visitor within three business days of receipt of all necessary information and supporting documents. If urgent delivery is necessary, please request that the Office of International Student & Scholar Services call you when the forms are ready so that you may arrange express overseas delivery.
Before completing the DS - 2019 request form, please note the following:
DURATION OF PROGRAM
Faculty, scholars and researchers are permitted to maintain J-1 status
for a total of five consecutive years, including time spent in another
exchange visitor program at another institution. Extensions beyond the five-year limit are not permissible. There is
no minimum stay. The short-term scholar category also has no minimum
stay, but has a maximum stay of six months with no possibility of an
extension. It can be used for both research or teaching. Therefore, it
is recommended that the latter category be used for stays not exceeding
six months, if the visitor has been a J-1 faculty or research scholar
in the U.S. within the past twelve months.
USE OF J-1 STATUS
The J-1 visa is used for temporary visitors only. It may not be used for
tenure-track positions, nor for a visitor whose long-term aspiration
is to obtain permanent resident status.
FINANCIAL REQUIREMENTS
Exchange visitor regulations require explicit financial documentation.
Minimum funding for living expenses regardless of source of support is
$1000/month for the visitor only. An additional $500/month is required
for an accompanying spouse, and $300/month for each child. Funding at
this minimum level is required throughout the length of the appointment.
If the visitor will receive income provided through non-University sources
or savings, complete documentation of these other sources must accompany
the DS-2019 request form. Letters of support must be on official stationery
and guarantee a specified amount in U.S. dollars for the duration of the
visitor's intended stay. If support comes from personal savings, bank statements
must be submitted.
HEALTH AND ACCIDENT INSURANCE
The University is required by the United States Department of State to
require all J-1 exchange visitors to obtain health and accident insurance
which includes a medical evacuation and repatriation benefit. If the
visitor's faculty or research appointment is equivalent to .5 or higher
FTE and is being paid on the State or Research Foundation payroll, then
the visitor will be eligible to enroll for health and accident insurance
as an employee benefit. However, neither the State nor the Research Foundation's
insurance plan includes provisions for medical evacuation and repatriation,
which are required by the Department of State. A "rider" providing
this additional coverage must be purchased through the Office of International
Student & Scholar Services upon arrival.
If the visitor will not be eligible for a health insurance benefit as an employee, the visitor is then required to purchase the SUNY health and accident insurance policy for international students and scholars. Both short and long-term rates are available. Optional coverage for spouses and dependents is also available. The USIA requires health insurance for spouses and dependents.
For further information on the international student/scholar health insurance policy, call the Office of International Student & Scholar Services at 777-2510.
UPON ARRIVAL
The J-1 exchange visitor must report to the Office of International Student
& Scholar Services upon arrival. Failure to do so can result in immigration
problems for the visitor and/or loss of the University's authorization
to issue Certificates of Eligibility. Federal regulations mandate that
we provide specific information to the exchange visitor at that time. The
department is responsible for notifying the Office of International Student & Scholar
Services if the visitor doesn't arrive or, for those who do come to the
University, of their departure.
TAX AND SOCIAL SECURITY ISSUES
All persons paid through the University or other U.S. sources will need
a U.S. social security number. J-1 exchange visitors are exempt from
social security withholding (FICA) for their first two years in J status;
however, they are not exempt from income tax withholding, and unless
exempt by treaty, exchange visitors must pay income tax. All persons
employed in the United States must file tax returns even if tax exempt.
Most must file form 1040NR or 1040NR-EZ. If there are questions regarding
tax regulations, the visitor may attend tax workshops sponsored by the
Office of International Student & Scholar Services or have the exchange
visitor contact the IRS directly.
INFORMATION
Please call the Office of International Student & Scholar Services
at 777-2510 if you have any questions about these procedures or follow-up
requirements.