Foreign nationals who have temporary teaching or research responsibilities at Boston College should be sure to read the following information.
A. J-1 Exchange Visitor Visa
The J-1 Exchange Visitor visa is for an individual who comes temporarily to teach, study, conduct research, observe, or receive training as a participant in an Exchange Visitor program designated by the Department of State. Please note that tenured track faculty are not eligible for the J-1 visa. A Certificate of Eligibility (DS-2019), accepting one on to the program of an Exchange Visitor “sponsor” for a specific period, is required. The “sponsor” is the organization or university sending the individual the form. One may not change from one Exchange Visitor sponsor to another without a release from the first sponsor. Additionally, participation as a professor or research scholar is prohibited for aliens who have held or have been afforded J visa status, for example J-1 student or J-2 dependent, during any portion of the 12-month period immediately preceding the commencement of such participation, unless the participant is transferring from another program or his or her presence was in a program of less than 6-months duration.
In some cases, the J-1 visa carries legal restrictions to ensure that the visitor will return to his or her country for a period of two years after completion of a program in the U.S. The requirement applies to those financially supported by the U.S. government or by their own government for part or all of their stay in this country. It also applies to the nationals of certain countries (listed on the “Exchange-Visitor Skills List” below) whose governments have registered a desire with the United States to have their nationals qualified in certain fields where an acknowledged shortage exists and then return to their home country. When applying for the J Exchange Visitor visa, the individual should ascertain from the United States Consul whether the two-year residence abroad requirement will apply in his or her case. If one is subject to the requirement, he or she will not be permitted to change from a J-1 or J-2 visa to many other non-immigrant visa types or to a permanent resident unless he or she fulfills the requirement or obtains a waiver. You can find the “Exchange- Visitor Skills List” at http://exchanges.state.gov/education/jexchanges/participation/waivers.htm.
International scholars and faculty on the J-1 visa are allowed a maximum of three years in the U.S. Program sponsors have the discretion to approve an extension of up to six months beyond the three years if the original program objective has not yet been achieved. The Department of State may approve longer extensions of up to 36 months for exceptional or unusual circumstances for scholars who are financed in part directly by the U.S. government or foreign government funds. Please note that all extensions of programs must occur PRIOR to the end date of the current DS-2019 form.
Paid employment for Exchange Visitor scholars and faculty is permitted only if it is an integral part of the program for which he or she came to the U.S., such as salary received as a Visiting Professor or Research Fellow, or as otherwise described on the DS-2019 certificate. An occasional lecture or short-term consultation at another institution may be permitted only with the approval of the program sponsor. If you will not be financially supported by your program sponsor, you must document that you have sufficient funds available to support yourself before an DS-2019 Form will be issued.
B. J-2 Exchange Visitor Visa
The J-2 Exchange Visitor visa is for the spouse or minor child of a J-1. They are admitted to the U.S. on the basis of the DS-2019 issued to the J-1 Exchange Visitor. Employment on a J-2 visa is permitted only if Immigration approves an application to work and the work is for the support of, including but not limited to, customary recreational and cultural activities and related travel of the J-2 spouse or children only and not the J-1 Exchange Visitor. “Employment Regulations for J-1 Exchange Visitor Students.”