Exchange Visitor Program

General Information
The Exchange Visitor Program is administered by the United States’ Department of State (DOS) which designates UCI to sponsor scholars in this visa category for academic-level research and teaching. The J-1 is the most frequently used visa classification for international academic visitors. Other organizations, such as international or educational programs or foundations, may also act as visa sponsors.

The sponsor provides Form DS-2019 (Certificate of Eligibility for Exchange Visitor Status) to the applicant. The applicant must then present it to an American Consulate to obtain a visa stamp, if abroad, or to USCIS, if in the United States. Several months lead time are required if the scholar is already in the United States, to allow time to process a change to J-1 status before the scholar may be employed or appointed at UCI. Transfer of J-1 sponsorship from another institution to UCI can take some planning and must be done in coordination with the scholar’s previous institution. All J-1 scholars in the "Research Scholar" or "Professor" categories must be appointed by their departmentss.

Length of Stay
"Research Scholar" is the most commonly used J-1 category for UCI scholars. The maximum stay in the United States in J-1 scholar visa status in the "Research Scholar" or "Professor" category is five years.

Financial Minimums
Scholars must have enough money to live on during their visit to UCI. Proof of the amount of funding must be provided, since it is the sole basis for determining whether or not the support will be adequate to maintain a minimum decent standard of living for the scholar and his/her dependents. In addition, this funding will be noted on the DS-2019, which in turn will be used by a U.S. Embassy or Consulate Official as they decide whether a J-1 visa will be issued.

The figures below represent low budgets for one year. Minimum support is $1,400 per month for the J-1 Exchange Visitor; $400 per month for the J-2 spouse; and $200 per month for each J-2 child. Please note that immigration documents cannot be issued for scholars with inadequate funding.

If the scholar is:

Eligibility for J-1 Scholar Status
Eligibility for J-1 sponsorship is determined by the Department of State regulations and UCI policy. Non tenure-track faculty and certain academic and sponsored research staff members qualify for a J-1 visa under UCI's sponsorship. Typical titles are Postdoctoral Associate, Visiting Scientist, or Visiting Scholar or Professor. Administrative, technical, or support staff members do not qualify, nor do undergraduates. Minimum qualification is a Bachelor's degree (or the equivalent) for the J-1 program.

A prospective scholar who has been in the United States in J-1 or J-2 status for all or part of the twelve month period immediately preceding the desired start date of the appointment is NOT eligible for sponsorship for a new J-1 program in the Research Scholar or Professor categories. There is an exception to this twelve-month bar if the scholar was previously in the United States in the Short-Term Scholar category, or if the scholar's presence in the United States was for less than six months duration.

Short-Term Scholar Category
UCI is designated to use this category for scholars coming to the U.S. for no more than six months for academic-level research or teaching. Extensions of stay beyond six months are NOT permitted. The International Center will use this category for scholars who:

1. may or may not receive an academic appointment
2. may or may not receive UCI funding
3. will definitely leave the U.S. within six months
4. may come and go periodically to UCI.

The International Center will continue to use the Researcher or Professor categories for most visitors to campus. If you think that the Short-Term Scholar category is more appropriate in a particular case, please contact us at (949) 824-7249 to discuss the situation.

Health Insurance Requirements
The Exchange Visitor (as of September 1, 1994) and his/her accompanying dependents will need to be covered by health insurance as specified by the Department of State program regulations. This includes medical coverage of at least $50,000 per accident or illness, medical evacuation of $10,000 and repatriation of $7,500 per each J-1 and J-2 visitor. Department of State regulations further state: "An Exchange Visitor who willfully fails to maintain the [required] insurance coverage or who makes a material misrepresentation to the sponsor (usually UCI) concerning such coverage shall be deemed to be in violation of these regulations and shall be subject to termination as a participant [in the Exchange Visitor Program]."

>To ensure compliance with this requirement, all scholars must sign a "Certification of Understanding" with respect to the Mandatory Insurance Requirements for J-1 and J-2 Visa Holders either before or upon arrival at UCI.

The Two-Year Home Country Physical Presence Requirement
Some J-1 visa holders are required to return to their country of nationality or last legal residence for two years before they are eligible for either an immigrant visa or an H or L nonimmigrant visa classification.

Three criteria determine if one is subject:

1. Funding Source: Any direct government funding from either the US government or from one's home government during the J-1 program.
2. Exchange Visitor Skills List: If one's area of specialization is in short supply in his/her home country, it may be included on the Skills List. The International Center can provide this information.
3. Medical Education or Training: If one is a foreign medical graduate and came to the US to obtain graduate medical education or training. In some cases, waivers of these requirements are issued by DOS and USCIS. Depending upon the circumstances, waivers can be difficult to obtain. Those who have questions regarding the residence requirement should discuss them with the staff in the International Center. To set up an appointment, please contact (949) 824-7249.

Employment Limitations
Exchange Visitors at UCI are limited by government regulations to employment and affiliation at UCI only, in the area specified on the DS-2019. Occasional lecturing or consulting at other US instutions may be allowed. Approval must be obtained from the program sponsor, which in most cases is the UCI International Center. Circumstances should be discussed with the staff in the IC prior to committing to such employment, in order to ensure that the J-1 qualifies.

Payment
J-1 scholars may receive financial support from a variety of sources: UCI, United States government agencies, the scholar's home government, international organizations, a binational commission (Fulbright Commission), other organizations (e.g. sabbatical support from their own university), or personal funds. Scholars must enter the United States in J-1 visa status or receive USCIS approval of J-1 status before they are authorized to receive payment or a UCI appointment. They are not permitted to work elsewhere unless authorized to do so, in advance, by their Exchange Visitor program sponsor.

Program Transfer
A J-1 Exchange Visitor may transfer to another institution within the three-year program limit. The next institution prepares a DS-2019 Form and the current sponsor must release him or her from its sponsorship. The category of the visitor (i.e. "Research Scholar" or "Professor"), as indicated on section #4 of the DS-2019, must be the same, and so must the Subject/Field Code and the professional activity. For example, a J-1 Visiting Scientist who has been at UCI for two years may transfer to Stanford's program sponsorship and is entitled to one final year. Please contact the International Center for information on a particular case.

Change of Program Category
Any changes from one J-1 program category to another (i.e. research scholar to student or visa-versa) are NOT usually permitted by the Department of State and USCIS. Therefore, exchange visitors should not be brought into the US on J-1 visas under one program category with the assumption that they can shift easily to another program category after their arrival.