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• J-1 Visa Program
• Waiver of the J Visa Two-Year Foreign Residence Requirement, 212(e)
• Entering the U.S. in J-1 Status
• Traveling in J-1 Status
• Responsibilities of a J-1 Scholar

• Change of Address Notification
• Arrival Information
• J-2 Dependents
• J-2 Work Authoriztion
• Social Security Number
• Income Tax

J-1 VISA PROGRAM

J-1 status is granted to an individual having a residence in a foreign country which he/she has no intention of abandoning who is a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist, or a leader in a field of specialized knowledge or skill, or other person of similar description. The Pennsylvania State University J-1 Exchange Visitor Program currently sponsors J-1 exchange visitors in the Professor, Research Scholar, Short Term Scholar and Student categories. International Scholars and Faculty Visa Services works exclusively with the scholars. The International Student Office works exclusively with the Students.

Penn State Departments or Program Units interested in inviting an international scholar must complete a New DS-2019 Fact Sheet - Part I (to be filled in by the Dept.) and New DS-2019 Fact Sheet - Part II (to be filled in by the scholar) and submit both parts at the same time to our office for processing at least 12 weeks before the program start date.

Requests for extensions of the J-1 visa must be submitted using J-1 Extension Packet

Duration of status for J-1 scholar depends on the exchange visitor's category in which the visitor was admitted:

• Short Term Scholars: six (6) month period with no extensions.
• Professors: Minimum 3 weeks with maximum duration of stay 5 years. *
• Research Scholars: Minimum 3 weeks with maximum duration of stay 5 years. *

* The extension of the Professor and Research scholar programs
to 5 years was finalized January 11, 2007.

The five-year period is not an aggregate of five years. It is a continuous five-year period given to a scholar on a use or lose basis. In order to take advantage of the full five-year period, J-1 Research Scholars and/or Professors must have a continuous academic appointment, at Penn State or another J-1 Program Sponsor in the United States. They must maintain J-1 immigration status, and they must have a continuous J-1 immigration record in SEVIS.

Waiver of the J Visa Two-Year Foreign Residence Requirement, 212(e)

Certain exchange visitors are subject to the two-year foreign residence requirement of Section 212(e) of the Immigration and Nationality Act. This web site allows exchange visitors desiring a waiver of 212(e) to reserve a case number and begin the paperwork for their request to the Department of State Waiver Review Division for a waiver recommendation. The exchange visitor or representative controls the data entry to ensure an error-free submission. J Visa Waiver Online creates a bar-coded document that will facilitate processing by the Waiver Review Division. As a result, processing times will be reduced. Those exchange visitors with case numbers can submit changes to their contact information or check the status of their case file.

Please be aware that if you are granted the waiver, your J-1 status cannot be extended.

Waiver of the J Visa Two-Year Foreign Residence Requirement, 212(e)

Entering the U.S. in J-1 Status

All J-1 scholars (except for Canadian citizens) must apply for and obtain a J-1 entry visa stamp from the closest U.S. embassy or consulate in their home country. This process can only be completed upon receipt of the J-1 visa document (the DS2019) for the J-1 scholar and all J-2 dependent family members and the payment of the $100 SEVIS Fee. Processing times for the DS2019 and the availability of appointments at the embassy or consulate may vary greatly, therefore, it is highly recommended that scholars do not make or finalize any travel plans until they secure their entry visas.

United States Department of Homeland Security regulations state that prospective J-1 exchange visitors will not be admitted to the United States until thirty days or less prior to the start date of their program as it appears on their form DS-2019. Please consider this date carefully when making your travel plans to the United States.
J-1 scholars also have 30 days after the completeion of their program to remain in the United States for non-employment activities such as traveling, packing, etc.

Traveling outside the US in J-1 status:

• You need to have the DS2019 signed by ARO in the ISFVS office
• You must return within 30 days or it will be considered that you have abandoned your visa.
• Any J-1 absence longer than 30 days requires written permisson from the Dept and ISFVS prior to leaving. J-2 dependents may not remain in the US while the J-1 scholar is absent for 30 or more days.

RESPONSIBILITIES OF A J-1 SCHOLAR

Scholars in J-1 status are responsible for reading, understanding, and complying with U.S. Federal Laws and regulations governing the J-1 visa.

Scholars have the responsibility to do the following:

1. Change of Address: U.S. federal regulations require all J-1 scholars to report a change of address within 10 days directly to ISFVS. ISFVS is required to provide this and other scholar data to the federal government electronically through SEVIS. Because this reporting is done electronically via SEVIS, there is no need for J-1 scholars to file the Change of Address Form to USCIS.
   Please submit this form to ISFVS within 10 days of your address change.
2. Report Departure Date and Reason to ISFVS: J-1 scholars are required to inform our office if they plan to leave the university before the expiration date of their DS-2019 form as well as the reason for ending their Penn State program. Once J-1 Professors or Research Scholars have completed their five year program, or the sponsoring department has notified ISFVS of the early termination of the program, the scholar must complete and sign the ISFVS J-1 Departure Notice notifying ISFVS of their future plans. J-1 Professors or Research Scholars in the U.S., on November 18, 2006, or arriving in the U.S after this date, upon completion of their program, will be unable to re-enter the U.S as, or change to, a Professor or Research Scholar for a period of 24 months.
   
   If the scholar is not maintaining a continuous and collaborative relationship with Penn State and is not transferring to another J-1 program, the 24-month bar to re-enter the United States in the J-1 Professor or Research Scholar category or change to the J-1 Professor or Research Scholar category will be triggered. If the Professor or Research Scholar re-enters the U.S. in any other immigration category immediately after his/her J-1 program, this will also trigger the 24-month bar. Therefore, it is very important for scholars to seriously consider the short and long-term impact of this new legislation and if possible carefully coordinate with ISFVS your future plans and J-1 program. New J-1 Scholar Regulations
3. Report Changes in Program to ISFVS: Scholars must notify ISFVS whenever there is a change in their program. These changes include new locations, new funding sources, new laboratory or department.
4. Abide by Employment Regulations: J-1 scholars may conduct research or teach only at Penn State University Scholars must contact ISFVS if invited to speak at another institution and obtain authorizization ahead of time, in writing, by ISFVS to give a lecture or consult at another institution.
5. Maintain Adequate Health Insurance: Pursuant to 22 CFR Part 62.14, Health Insurance is mandatory for J-1 scholars and their dependents for the duration of the program.
   
   At minimum the insurance coverage must include:
   
   
   1. Medical Benefits of at least U.S. $50,000
   2. Repatriation of Remains in the amount of U.S. $7,500
   3. Medical Evacuation in the amount of U.S. $ 10,000
   
   Failure to maintain the above health insurance requirement will render the scholar out of status and may cause removal from the program.
   
   If you need additional information on purchasing health insurance please contact our office.
   
   Additional information regarding the Department of States' health insurance requirements, as well as other policies, please read J-1 Visa Program Administration
6. Obtain Travel Signature Prior to Traveling Outside of the US: Scholars and their dependents must obtain the signature of an Alternate Responsible Officer (ISFVS staff member) on their DS-2019 forms prior to traveling outside the U.S.
7. Apply for a Program Extension Prior to the DS-2019 Expiration Date: Sponsoring departments may apply for an extension of the scholars program up to six months prior to the expiration of their program and DS-2019. Extensions are granted if the scholar is eligible for the additional time requested and the funding is adequate.
   
   J-1 Extension Packet
8. Receive Transfer Authorization Prior to Leaving: Penn State University Scholars must notify ISFVS of their plans to transfer. In order to process the transfer, the scholar must notify their current supervisor and provide ISFVS with the name of the new program sponsor and an offer letter from the new institution. ISFVS must correspond with the new sponsor to complete the transfer electronically through SEVIS.
   
   J-1 Transfer Form (when transferring from another institution to PSU)
9. Depart the U.S. within 30-Day Grace Period: J-1 Scholars and their J-2 dependents must depart the U.S. within 30 days of the J-1 scholar completing their program. This may or may not be the end date on the DS2019.

ARRIVAL INFORMATION

In-Office Check-In and Orientation

The purpose of the check-in orientation session is to provide you with information about the J-1 program as well as information about the State College area. As soon as you can, please contact ISFVS to schedule an appointment. Some of the topics covered include:

• SEVIS
• Health Insurance
• PennDOT (PA Department of Transportation) Driver's License
• Living and working in the State College area
• Visa status and the corrsesponding rights, duties, and responsibilities
• Duties and responsibilities of your responsible supervisor
• Applying for a Social Security number
• Completing the Employment Verification Form I-9

Note: Check-ins are generally done Tuesdays and Thursdays between 9:00 AM and 4:00 PM. You MUST call ahead at (814) 865-0423 to schedule an appointment.

Please bring the following documents:

• unexpired foreign passport;
• I-94 Card (Arrival/Departure Record which is issued to you at the port of entry in the US) indicating your current visa status;
• Original Form DS-2019

J-2 DEPENDENTS

Only the spouse and unmarried children (under 21 years of age) of the J-1 scholar qualify for J-2 status.

If the J-1 Scholar enters the US without his/her spouse and/or child(ren), J-2 documents can only be created if the funding provided by the J-1 scholar adequately provides for their financial support and health insurance. Please contact ISFVS for further inofrmation.

The form Invite Immediate Family Form will need to be filled out, a copy of marriage and birth certifcates submitted and funding for support and insurance verified before the DS2019s can be produced for dependents.

Family members, such as brothers, sisters, and parents are not eligible for J-2 status, but may enter the U.S. on the B-2 visa tourist classification. Please fill out form Invite Extended Family and submit to ISFVS.

J-2 Work Authorization

J-2 dependents may apply to the United States Citizenship and Immigration Services (USCIS) for permission to accept employment, provided the income from such employment is not needed for the support of the J-1 visa holder. The J-2 dependent cannot work until the Employment Authorization Document (EAD) is received and presented to the employer. The EAD is date specific, so the J-2 can only work during the dates listed on the EAD. More information and instructions for this process can be found here Form I-765 Application for Work Authorization.

Additional instructions from ISFVS for filling out the I-765 can be found Checklist for Form I-765 and Additional Instructions for Form I-765

SOCIAL SECURITY NUMBER

J-1 professors, researchers, and short-term scholars authorized to work in the U.S. must obtain a social security number from the Social Security Administration. As all J-1 scholars are to be entered into the University employment database, it is necessary to have the number. The earliest a J-1 scholar may apply for a social security number is 10 business days after arrival in the U.S. The information gathered by the immigration official at the port of entry must be transferred from the immigration data system to the Social Security system.

After the 10th day, an application can be made at the nearest Social Security Administration Office.

Social Secirity Administration
901 University Drive, Suite 2.
(814) 238-5035
9 AM and 4 PM Daily.

When you receive it, please bring a copy of your SS card to ISFVS.

INCOME TAX

Earnings from J-1 employment are generally subject to federal, state and local income taxes. All J-1 scholars who have earned income from U.S. sources (from universities, U.S. government, U.S. foundation or a U.S. employer) must file income tax forms by April 15. The tax year is the previous calendar year. Foreign nationals who have not earned income from a U.S. source generally do not have to file.

Current tax requirements, the documents and forms required by the Penn State Payroll Office for all Penn State international employees can be found at this website: Payroll Office International Information.

Additional information on J-1 federal income tax obligations can be found in Internal Revenue Service Publication 515: Withholding on Nonresident Aliens and Foreign Corporations, and Publication 519: U.S. Tax Guide for Aliens. If you need help in filing your income tax returns please contact the Internal Revenue Service.

• If you have earned income from a job while in the U.S., you will receive a W-2 form that must be included with the tax return.
• J-1 scholars who received a fellowship from the university or who filed for benefits from a tax treaty will receive Form 1042-S that must be included with the tax return.
• Additionally, J-1 scholars may be subject to Social Security tax (FICA) withholding if they are residents for tax purposes.

ISFVS provides tax assistance with the help of volunteers in the Global Connections community from February through April. Please check our website for information beginning January.

Because of scheduling conflicts, ISFVS staff members cannot make your appointment over the phone. Please come to our office to self-schedule an appointment with a Tax Advisor in the Schedule Book.

If Departing The US:

If you are departing the U.S, it is your responsibility to file tax returns. You should provide a forwarding address for W-2 and 1042S forms. Tax filing forms can be obtained from a U.S. Embassy abroad or from the Internal Revenue Service.