J-1 Exchange Visitor Status: Information for Host Departments and J-1 Visitors
Host Department Application Procedures
Description
The J-1 Exchange visitor visa is the most common visa for visiting academic staff to Cornell University. It is relatively easy to process and visitors may be paid a salary or self-funded. Please note that the purpose of this visa is for academic exchange and is NOT available for tenure track positions. Also, please note that scholars from some countries may be subject to the two-year home country residence requirement (click for details).
Maximum Time Limits:
- Professors and Researchers: Up to five years.
- Short-term Scholars: Up to six months. Extensions can be made within the six months, but the length of the entire visit can not exceed six months. It is unlikely that visitors will be able to change their status to another immigration status from within the US.
- IMPORTANT! Extension requests must be made at least two weeks advance of the expiration of the scholar's stay.
J-1 Categories:
- Professors and Researchers: May be paid a salary, or self-funded. They must be engaged in teaching or research and must have an academic appointment. All J-1 scholars are expected to hold advanced degrees and be well-established in their discipline. Foreign graduate students should not be appointed to academic positions. See: Inviting a Student to Work or Visit. There are some restrictions on eligibility for the Professor or Researcher category, these restrictions or "bars" are listed below:
° 2-Year Repeat Participation Bar – J-1 Professors or Research Scholars are required to have a gap of two years between the end of any previous J-1 Professor/Research Scholar Program and the beginning of any new J-1 Professor/Research Scholar Program (note that this does not apply to J-1 Short-Term Scholar visits). Therefore, those beginning new programs that will include repeat visits should have their programs extended for the full duration of their program/collaboration, up to the 5 year maximum, even if portions of that time will be spent outside the US. For those not eligible for a new J-1 Professor/Research Scholar program, consider whether the J-1 Short-Term Scholar program (see below) will meet your needs.
° 12-Month Bar – An individual who has been in any category of J status (including J-2 dependent and J-1 student) for more than 6 of the 12 months immediately preceding the new program start date is ineligible for a J-1 Professor/Research Scholar category. For those not eligible for a new J-1 Professors or Research Scholars program, consider whether the J-1 short-term scholar (see below) will meet your needs. - Short-term Scholars: Only used for those whose activity at Cornell is going to be less than 6 months, or for those who are otherwise not eligible for the Professor/Researcher category. Short-term scholars may receive payment for services and/or reimbursement for their expenses. They must be eligible for an academic appointment, though for those coming for weekend visits or speeches, a formal appointment may not be required. Extensions beyond 6 months are not permitted.
Financial Support Required:
Financial support must be verified for the entire length of stay. Minimum amount of financial support (net income) for individuals and for family members are assessed bi-annually. Please see application forms for most current financial support minimums. Note that these do not include the cost of required health insurance and may not correspond with the cost of living independently. A person meeting only the minimum requirements may need to seek a shared housing situation.
FUNDING REQUIREMENTS (required for initial applications and extensions)
$1,300 per month for individual
$650 per month for spouse
$375 per month for each child
$1200 initial adjustment expenses (required for initial applications ONLY)
Important Legal Requirements for Maintaining J1 Status:
- Health Insurance is Required
- Commencement of Program: New J-1 scholars will need to check in at the ISSO with their immigration documents as soon as possible after arriving in the U.S., and not more than 30 days after the start date on the DS-2019 form. Please notify the ISSO, if the arrival date is delayed (put "J-1 Late Arrival" in the email Subject Line, and write your name, SEVIS ID and date of expected arrival in the US in the body of the email message.)
- Address Changes: You and your dependent family members must report changes of address to the ISSO within 10-days of making the change. This time-frame is a legal requirement, and is not arbitrarily selected by the ISSO. The address reported should be an actual physical adress, not a department address. If mail cannot be received at your residence, a mailing address (P.O. Box) may be used, but the ISSO is required to maintain a record of your residential address as well.
- Site of Activity Change: You and your dependent family members must report additions to, or changes in, work site (location at which work will be conducted) to the ISSO within 10-days of the change. If you will be working at another physical location, the ISSO must report the address of the activity site to SEVIS. Short trips of a few days do not need to be reported as changes in site of activity. Y
- Changes in Legal Name: You and your dependent family members must report changes of legal name to the ISSO within 10-days of making the change. In addition, under SEVIS, the accuracy of names and biographic data on DS-2019 forms will be of critical importance. If your current DS-2019 form does not list your name or biographic information correctly, please notify the ISSO.
- End of program participation: If you will be leaving Cornell more than 30-days before the end date specified on Form DS-2019, please notify the ISSO (put "J-1 End Program" in the email Subject Line, and write your name, SEVIS ID and date of departure in the body of the message.)
It is absolutely critical that you notify the ISSO of any of the above described changes. As the federally designated officers for Cornell University's J-1 Exchange Visitor Program, we are required to ensure that the university is in compliance with regulations governing the program.
Other Aspects of J1 Status:
Payments for Off-Campus Employment, Consulting, Lecturing:
Exchange Visitors (J-1 visa holders) are limited by government regulations to employment in their sponsoring department at Cornell. Occasional off-campus lecturing or consulting may be allowed if it contributes to the visitor's original objectives in coming to the US. An authorization letter must be obtained from the ISSO before such work can be undertaken. Substantial off-campus employment is not allowed, nor is employment on campus in fields outside your area of specialization. To request approval for an "occasional lecturing or consulting opportunity, you will need to provide the ISSO with:
- A copy of the invitation that includes location, date, title of event or lecture and
- A statement from your supervisor, or department chair, that they support the activity and that is in accordance with the overall purpose of your visit here in the U.S.
Duration of Status:
An exchange visitor's authorized stay is limited to the dates entered on the Certificate of Eligibility (DS-2019). Entry to the US is permitted up to 30 days before and 30 days after the beginning date on the form. J1 visitors have a 30 day grace period after the end date of their DS-2019 during which time they can remain within the U.S. but may no longer be paid for employment.
Employment of Dependents:
J-2 visa holders (spouses and children under 21) may request employment authorization from U.S. Citizenship and Immigration Services after entering the US. This authorization is NOT guaranteed. The ISSO can assist with the application. For details, visit this page.
Federal and State Income Taxes:
If your visitor received any payment while in the US, taxes will likely be due. Certain people may benefit from a tax treaty (check this web site for a list of countries which have tax treaties with the US). Encourage your visitors to determine their tax status by contacting the appropriate Payroll Office as soon as possible after their arrival. In general, foreign nationals earning any money in the US must file a tax return, even if their earnings are below the minimum established annually by the IRS or if they are beneficiaries of a tax treaty.
Two Year Home Residence Requirement
English Language Ability:
Unlike foreign students who must establish English language proficiency before a visa can be issued, Exchange Visitors are not tested in any way. Several opportunities for English language study exist in Ithaca. Contact the ISSO for more information about language classes.