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KUMC J-1 Visa Sponsorship Financial Requirements

Policy
Purpose: 

To define and provide guidance on funding requirements related to the sponsorship of 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: 

A program sponsor is responsible for determining that a prospective Exchange Visitor, (EV) has sufficient funding in order to participate in the J-1 visa program.  While 22 CFR Part 62 does not stipulate specific minimum salary amounts for the issuance of the DS-2019 and J-1 visa, as a program sponsor The University of Kansas Medical Center (KUMC) must adhere to Department of Labor laws and set appropriate requirements.  As a program sponsor, KUMC has a responsibility to ensure J-1 sponsorship as well as hiring practices do not violate National Origin Discrimination laws under the Department of Labor’s Equal Employment and Opportunity Commission (EEOC).  National Origin Discrimination laws state that despite an employee’s national place of origin, they are entitled to the same employment opportunities as any employee.

Minimum salary amounts will be reviewed and updated annually by the Office of International Programs (OIP) during the month of July.

KUMC Paid:

Prospective EVs who will also become KUMC employees and receive a title within Human Resources (HR) classification must adhere to hiring policies related to that position which includes but is not limited to FTE and salary.  Minimum funding requirements for J-1 sponsorship will need to align with salary ranges as indicated by HR based on each classified position unless otherwise approved by HR.

EVs in the program, in the capacity of Postdoctoral Fellow, must comply with requirements and policies stipulated by the Office of Postdoctoral Affairs and Human Resources.  EV’s hired as Postdoctoral Fellows cannot work less than full time or 1.0 FTE.  Postdoctoral Fellow positions are deemed to have exempt status and therefore the minimum salary requirements should meet or exceed the Department of Labor stipulated threshold for exempt positions.

Non-KUMC Paid:

Prospective EVs who will receive funding from outside sources such as a government issued scholarship or employer issued funding or scholarship cannot be classified under HR titles.  These individuals will be assigned a separate title such as Visiting Researcher, Research Scholar, Visiting Lecturer, or Visiting Professor.  The type of title assigned will depend on the activity of the prospective EV. 

Sponsoring departments have the option to supplement the prospective EV’s funding.  However, this amount can only be paid in a form of an award and the EV will not be placed on payroll.  The sponsoring department will need to work with either Accounts Payable or the KUMC  Research Institute to process the award and ensure all taxation requirements are met.  Please note, in most instances an award can be issued only once a year.

When an EV receives an international scholarship or grant whether from home government or their employer, personal funds can be used in order to meet KUMC’s minimum funding threshold.  In cases where the employer is promising to continue the EV’s salary as a means of proof of funding, personal funds cannot be accepted in these situations.

Any funding issued by the EV’s employer or university will require signing an agreement between this institution and KUMC.  EVs who receive a scholarship or grant from outside sources and who are providing personal funds will be limited to a one year experience.  Exceptions may be granted by OIP on a case by case basis.

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.

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: 
International; visa; sponsor
Review, Approval & Change History: 

2017-03-27: technical edits and posting to the library.
2016-07-06: 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
Recruitment
Research and Sponsored Projects Category: 
Research and Sponsored Projects

Moderation History

Updated: March 31, 2017 - 12:32

Log message: Edited by Jen Arbuthnot.

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