J-1 Exchange Visitor Sponsorship Guidelines

Exchange visitors who are in J visa status possess a primary intent to promote mutual understanding through educational exchange between citizens of the United States and citizens of other countries. The University of Massachusetts Medical School (UMMS) must properly enforce and follow Department of State (DOS) regulations. Pursuant to these regulations, UMMS must also properly categorize its participants in the J visa program.

The information below is taken directly from UMMS policy on J-1 Exchange Visitor visa sponsorship.

J-1 Visa Sponsorship Eligibility

• In order for the International Students and Scholars Office (ISSO) to issue the DS-2019 Certificate of Eligibility for exchange visitor status, a request, via appropriate J intake forms and supporting documentation, must be made to the ISSO office 45 days in advance of the date on which the department wishes for the person to enter the United States. If less than 45 days notice is given to ISSO, it is unlikely that the individual will be able to enter the United States by the prescribed requested start date.
• If a UMMS department plans to make a change to the funding for a J-1 status holder, that department must notify the ISSO as early as possible.  The Form DS-2019 must always accurately reflect the appropriate funding amount and source(s).

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Health Insurance Coverage

• J-1 Exchange Visitors and their J-2 dependents must be covered by sickness and accident insurance for the duration of their stay in the United States, including the 60 - 90 days before UMMS health benefits commence. Failure to purchase such insurance may lead to loss of legal immigration status and termination from the Exchange Visitor Program. These DOS regulations are published in the Code of Federal Regulations [22 CFR 62.14].
• Minimum health insurance coverage must provide all of the following:
  • Medical benefits of at least $50,000 per accident or illness;
  • A deductible not to exceed $500 per accident or illness;
  • In case of death, repatriation of remains in the amount of $7,500*;
  • In case of serious illness or injury, payment of expenses associated with the medical evacuation of the Exchange Visitor to his or her home country in the amount of $10,000*
• UMMS provides coverage for all J visa holders for items noted with * on the list above. An Exchange Visitor who willfully fails to maintain the insurance coverage set forth above or who makes a material misrepresentation to the University of Massachusetts Medical School concerning such coverage shall be deemed to be in violation of these regulations and shall be subject to termination as a participant. [22 CFR 62.14(h)]
• All J-1 scholars at the University of Massachusetts Medical School must sign a Statement of Compliance form for the ISSO stating that they understand and will comply with the J Exchange Visitor Program health insurance requirements as outlined above.

More detailed health insurance information and options for coverage is available.

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Non-UMMS Funded Sponsorship Requests

If a J-1 Research Scholar or J-1 Short-term scholar is not fully funded by UMMS, he or she must be funded by a foreign grant, institution or government. Proof of the funding source is required before the DS-2019 document is issued. UMMS does not encourage individuals to use personal funds to meet minimum funding requirements. Any use of personal funds will be reviewed thoroughly.

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Researcher Scholar/ Professor Category

• UMMS will sponsor J-1 Researcher visas for professional level research positions. Positions that allow for sponsorship include the following:
  • Postdoctoral Research Associate
  • Instructor
• Other position titles will be considered on an individual basis, but must meet the minimum federal credential guidelines. All positions must also meet salary minimums as stated in institutional guidelines.
• Post-doctoral researchers must be compensated at least at the UMMS minimum designated rate. This rate may be adjusted on an annual basis. Other salary minimums are determined by the University of Massachusetts Medical School in consultation with the Human Resources Compensation Department.
• There are three factors that ISSO considers when determining an individual’s eligibility as a J-1 researcher or professor:
  • Must possess a graduate degree or a Bachelor’s degree and significant experience in the field of the proposed employment.
  • May not be a candidate for a tenure-track position. [22 C.F.R. 62.20(d)(1)]
  • Can not be subject to bars on repeat participation in a J program
• ISSO determines that an individual is not eligible for the J-1 Professor/Research Scholar category, the office will take the following actions:
  • ISSO office will determine when the individual will be eligible for the status. If eligibility exists in the near future, ISSO may recommend that the program be delayed slightly in order for the individual to gain eligibility.
  • ISSO may recommend one of several alternatives to the J-1 Professor/Research Scholar Category. The ISSO’s recommendation of an alternate visa category is dependent upon eligibility for that category.

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 J-1 Short Term Category

• Under certain circumstances, ISSO will issue a DS-2019 to J-1 exchange visitors who plan to enter the United States for short periods of time. ISSO will use the following criteria to determine eligibility for the Short-Term Scholar category:
  • The individual must possess a graduate degree or a Bachelor’s degree and significant experience in the field of the proposed employment.
  • The period of stay will not last for more than 6 months
  • The work will be limited to lecturing, observing, consulting, participation in seminars, study tours, professional meetings, or similar types of education and professional activities.
• Short term scholars are not subject to the 12 month bar or the 24 month bar to repeat participation as a research scholar/ professor. However, there is no possibility of extending a J-1 short-term scholar’s stay in the United States past 6 months. The scholar must depart the United States once the program has ended. The ISSO office will not issue a new DS-2019 to a short-term scholar who has been not been out of the J-1 short-term scholar category for more than 3 months. Issuance of all visas is at the discretion of consular officials. It is important to note that even if UMMS issues a DS-2019 to a scholar, repeat participation as a short-term scholar may be denied.

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J-1 Non-degree Student Category

• A J-1 non-degree student is a person who is pursuing a degree in another country. The degree that the individual is pursuing must be the equivalent of a United States Master’s degree or higher. These students may be invited by a faculty member who will supervise a temporary period of research in the student’s field and use UMMS resources and faculty contacts. The primary purpose of the non-degree student should be to enhance his or her own course of study and to fulfill a degree requirement at another institution outside of the United States. The appointment title must be RESEARCH INTERN. No other title is appropriate for a non-degree student. The maximum period of stay for a non-degree student is 24 months.
• Before the ISSO is able to issue a DS-2019 Certificate of Eligibility to a J-1 Non-degree student, the candidate must be approved by and registered with the Graduate School of Biomedical Science.
• The training received by a J-1 non-degree student at UMMS must be directly related to his or her major field of study at his or her home institution. In order to demonstrate eligibility for the J-1 non-degree student category, the sponsoring department must forward the requisite intake forms, and the following documents to the ISSO:
  • Student transcript from home institution (or a letter from a designated University official indicating enrollment status)
  • Proof of funding (with translation to English, where appropriate)
  • Student CV
  • Letter from sponsoring UMMS department including:
    • Detailed description of the training activities
    • Educational goals
    • How goals will be evaluated
    • Expected date of completion of program
    • Statement of 24 month maximum duration
    • Designation of “research intern” as working title
• UMMS permits a J-1 non-degree student to engage in training with or without wages during his or her exchange program. Even if UMMS does not pay wages to the non-degree student, funding for the non-degree student’s stay must equal the UMMS minimum wage for graduate students.
• Upon completion of 24 months in a J-1 non-degree exchange visitor program, UMMS will not allow the student to continue in another J program until after the student has returned to the home institution for at least three months. Any exceptions to this requirement must be approved by the Associate Vice Chancellor of Human Resources.
• J-1 students at UMMS in a non-degree category may not earn a degree while in that status. The , which administers the J-1 Exchange Visitor Program, has stated that non-degree students may not matriculate from non-degree to degree. If a non-degree student wishes to earn a degree, the student should exit the U.S. and return in a degree-student status (either J-1 student, degree-seeking, or F-1 student status).

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SEVIS Records

• ISSO will open a SEVIS record for an incoming exchange visitor when a completed request is received from the respective department. This request must be made on ISSO J-1 intake forms 1 & 2. ISSO will issue the DS-2019 Certificate of Eligibility for the amount of time requested by the department, assuming that the department’s request is within the allowable regulatory time limits.
• If an exchange visitor departs the United States, ISSO will consider leaving a SEVIS record open under certain circumstances:
  • The individual is maintaining an ongoing, collaborative relationship with the institution. This implies that the exchange visitor is still actively participating in the program, but has left the United States to engage in program related activities, or has returned to his or her home institution to engage in related research/projects.
  • In order to remain active in an exchange visitor program, an individual must continue to maintain insurance, as required in 22 CFR 62.14(a). The DOS requires that this insurance remain valid even while the exchange visitor is outside of the United States.
  • The Exchange Visitor must be willing to keep ISSO informed of his or her current address during his or her stay abroad. This includes both a foreign and domestic address, as the DOS requires that the exchange visitor maintain a U.S. address for the duration of the program.
  • Research Scholars’ site of activity must be either the location of the exchange visitor program, or the site of a third party facilitating the exchange program. If a research scholar is conducting research outside of the United States, ISSO must enter “Out of Country” in the remarks section of the SEVIS record, and name the institution abroad.

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24 Month Bar on Repeat Participation

An individual who participates in the Exchange Visitor Program as a Professor or Research Scholar becomes subject to a 24-month bar on "repeat participation" in those categories after completing his or her program. Under DOS's interpretation, the 24-month bar applies under two circumstances:

1. If the Professor or Research Scholar completes a full five years of program participation with one or more sponsors; or
2. If, before the full five-year period is over, the Professor or Research Scholar completes his or her program. In this case, the continuity of the five-year period is broken, the five-year window is "closed," the individual is not eligible to access the remaining unused time, and the individual must wait for two years before beginning a new program as a J Professor or Research Scholar.

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