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KUMC J-1 Exchange Visitor Visa General Sponsorship Requirements Policy

Policy
Purpose: 

To define and provide guidance on sponsorship requirements related to foreign nationals in the J-1 visa’s Research Scholar, Short-Term Research Scholar, and Professor categories.

Applies to: 

Faculty, staff, sponsoring departments, sponsoring supervisors, administrators, and prospective J-1 foreign nationals in the Research Scholar, Short-Term Research Scholar, and Professor categories.

Campus: 
Medical Center, Kansas City
Wichita
Salina
Policy Statement: 

KUMC’S SPONSORSHIP REQUIREMENTS

Eligibility:
Prospective J-1 Exchange Visitors (EVs) must meet the eligibility requirements under their classified J-1 visa category.  Please reference chart below for specific eligibility requirements under each visa category.

Participants under all visa categories must also meet the following eligibility requirements:

  • Have sufficient English proficiency:
    • Prospective EV must demonstrate “…sufficient proficiency in the English language, as determined by an objective measurement of English language proficiency, successfully to participate in his or her program and to function on a day-to-day basis.” [22 CFR 62.11(a)(2)]
  • Comply with KUMC policies related to J-1 sponsorship which includes but is not limited to meeting immunizations and financial requirements.
  • Prospective EVs who previously held J-1 status should not be subject to either the 12-month bar or the 24-month bar.

J-1 VISA CATEGORY

ELIGIBILITY REQUIREMENTS

PROFESSOR

Bachelor’s degree

RESEARCH SCHOLAR

Bachelor’s degree

SHORT-TERM RESEARCH SCHOLAR

Bachelor’s degree

STUDENT

Meet KUMC admissions requirements

STUDENT INTERN

Student must be enrolled in a degree seeking program in their home country.  Internship experience should complement their program of study.

Selection:
Program sponsors should have in place a method to screen and select prospective EVs.  It should be determined that the program is suitable to the EV’s program needs, background, and experience.  The EV must demonstrate sufficient English proficiency.  Prior to the issuance of the DS-2019 document, program sponsors are also responsible in determining whether the prospective EV qualifies for the program and has adequate financial resources to participate and support any dependents if applicable.
 

KUMC SPONSORSHIP RESPONSIBILITIES
Sponsors are required to "Ensure that the activity in which the exchange visitor is engaged is consistent with the category and activity listed on the exchange visitor's Form DS-2019." [62.10(e)(1)].  This means that the EV should maintain his or her original program objectives as indicated on the initial DS-2019 request and form.

A program sponsor and sponsoring departments should ensure that EVs whether classified as KUMC paid or Non-KUMC paid have the same access to benefits and rights as any other employee.  This includes but is not limited to:

  • Attendance and overtime policies
  • Vacation and other type of leave policies
  • Work Space and Conduct
    • Safe and clean working conditions
    • Receive the necessary training to perform job functions
    • Receive KUMC badge
    • Have KUMC network access and email
    • Be aware of harassment policies
    • Be aware of sexual harassment policies
    • Inclusion in meetings, seminars, and other department activities
    • Retaliation and threat of retaliation policies will not be tolerated

EV RESPONSIBILITIES
EVs while on program are responsible in abiding by J-1 program requirements related to maintaining their visa status and must adhere to university policies related to their positions.

EVs must have health insurance coverage that meets DOS provision at all times while the J-1 record is active.  Willful failure to maintain health insurance can result in the termination of the J-1 status.  EVs are required to notify OIP of any changes related to their J-1 program as well as attend the validation appointment and orientation upon arrival.

The Exchange Visitor Program is designed for Educational and Cultural Exchange.  Therefore, the EV must participate in and document a minimum of one cultural exchange activity per month throughout the duration of the program.

 

DS-2019 DOCUMENT ISSUANCE REQUIREMENTS
The DS-2019 document can only be issued by an authorized ARO or RO.  This document is generated in the SEVIS system which is a Department of Homeland Security national database.  In order for OIP’s ARO or RO to issue a DS-2019 document, the following items must be received:

From sponsoring department:

  • Completed department request from
  • Completed deemed export questionnaire
  • Copy of letter of offer or invite to prospective EV
  • OIP processing fee check or IDB

From prospective EV:

  • Completed EV questionnaire
  • Passport copy and previous immigration history documents
  • Proof of financial documents if non-KUMC paid
  • Proof of English Proficiency Documents

Prospective EVs are also required to provide proof of immunizations prior to arrival to KUMC.

Upon receipt of the necessary documentation, an ARO or RO will issue a DS-2019 document.  For Research Scholars and Professors who can have a maximum duration of up to five years will be issued a DS-2019 initially for one year with possibility for extension in 1-year increments afterward unless otherwise approved by OIP.

 

DS-2019 EXTENSION
Sponsoring departments can request to extend the program dates for a J-1 EV as long as the EV has been maintaining status, has sufficient funding, and is still within the maximum duration of the J-1 category.

To extend a DS-2019, sponsoring department will need to submit a request form OIP no later than 3 weeks prior to the end day of the J-1 program. 

If the DOS made a favorable recommendation and the USCIS approved the J-1’s application for a waiver of the 212 e requirement, OIP will not be able to extend the J-1’s program dates even if they still have time within their maximum duration.

 

J-1 PROGRAM COMPLETION
Sponsoring departments and EVs should notify OIP when an EV will be completing a program.  EV should meet with OIP for an exit interview.  OIP may need to amend the EV’s program dates depending if the EV is completing the program early.

Upon completing the J-1 program at KUMC, EVs have a 30-day grace period from the program end date indicated on the DS-2019 document.  During the grace period, EVs are not permitted to participate in their program, however, it allows them time to prepare for departure from the United States.

 

INCIDENTS AND REPORTING
Program sponsors are required by the DOS to report any incidents or serious situations related to an EV.  Serious situations or incidents are anything that impact the EV’s health, safety, welfare, or anything “that could bring the Department of Exchange Visitor Program into notoriety or disrepute”.

 

PATIENT CARE AND INCIDENTAL PATIENT CONTACT
EVs sponsored by KUMC are not permitted to engage in any patient care or patient contact while on program.  J-1s sponsored as Alien Physicians by the ECFMG are the only EVs that can engage in patient care.

EVs who are licensed physicians in their home country and who will participate in KUMC’s non-clinical programs such as being a Research Scholar or Short-Term Research Scholar for the purposes of observation, consultation, teaching or research will require additional certification to the DS-2019 document based on the EV’s activities.

If an EV is “participating in a program of observation, consultation, teaching or research may need to have limited patient contact in order to carry out those objectives. If the patient contact is incidental to those objectives, a physician participating in a non-clinical exchange program can engage in incidental patient contact.”  OIP will need to append an “Incidental Patient Contact” certification issued by an ARO/RO and signed by the Sponsoring Supervisor, Sponsoring Department Chair, Executive Dean of School of Medicine, and Vice Chancellor for Academic Affairs.

Contact: 

Office of International Programs
Senior International Officer 913-588-1480

Approved by: 
Vice Chancellor for Academic Affairs
Approved on: 
Tuesday, July 1, 2014
Effective on: 
Tuesday, July 1, 2014
Review Cycle: 
Annual (As Needed)
Definitions: 

22 CFR Part 62: the federal regulations citation that defined the J-1 Exchange Visitor Program.

EV: shortened for Exchange Visitor

J-1 Categories:

Research Scholar: an eligible participant who will primarily be “…conducting research, observing, or consulting in connection with a research project at research institutions, corporate research facilities, museums, libraries, post-secondary accredited academic institutions, or similar types of institutions. A research scholar also may teach or lecture where authorized by the sponsor.” This category has a minimum visa duration of 3 weeks and a maximum duration of 5 years.

Short-Term Research Scholar: an eligible participant who primarily is a “…professor, research scholar, or person with similar education or accomplishments who enters the United States for a short-term visit for the purpose of lecturing, observing, consulting, training, or demonstrating special skills at research institutions, museums, libraries, post-secondary accredited academic institutions, or similar types of institutions.”  This category has a maximum visa duration of 6 months.

Professor: an eligible participant who will primarily be “…teaching, lecturing, observing, or consulting at post-secondary accredited academic institutions, museums, libraries, or similar types of institutions. A professor also may conduct research where authorized by the sponsor.”  This category has a minimum visa duration of 3 weeks and a maximum duration of 5 years.J-1 Exchange Visitor Program: a U.S. Department of State (DOS) monitored visa program that aims to expand educational and cultural exchange between the United States and other countries.

KUMC Paid: J-1 Exchange Visitor who will be classified as a KUMC employee, receive an HR classified title, and be placed on KUMC Payroll.

Non-KUMC Paid: J-1 Exchange Visitor who will receive funding from outside sources (i.e. international scholarship or grant) and will not be eligible to be placed on KUMC Payroll.

Patient Care: indicates a hands-on experience and where the individual provides consultation, diagnosis, or delivery of care which aims at the prevention of harm to patients.

Patient Contact: indicates a hands-off experience, however, there is still face-face to contact with a patient.

Sponsoring Department: the department designated as the primary sponsor or host of the incoming J-1 Exchange Visitor.

Sponsoring Supervisor: Faculty member or principal investigator who will supervise or oversee the incoming J-1 Exchange Visitor.

Keywords: 
Visa, visiting researcher, international, sponsor
Review, Approval & Change History: 

2017-03-29: updated link.
2017-07-06: annual review.

Academic Categories: 
International
Personnel: Administrators Categories: 
Workplace Rules & Guidelines
Personnel: Affiliates/Volunteers Categories: 
Hiring
Workplace Rules & Guidelines
Personnel: Faculty/Academic Staff Categories: 
Hiring
Research and Sponsored Projects Category: 
Research and Sponsored Projects

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