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Common Acronyms �

The United States government uses acronyms for most agencies or organizations. Below are those important to your immigration status:

• CBP: Customs and Border Protection

• DHS: Department of Homeland Security

• DOS: Department of State

• EV: Exchange Visitor (J-1)

• ICE: Immigration and Customs Enforcement

• SEVIS: Student and Exchange Visitor Information System

• USCIS: United States Citizenship and Immigration Services

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Health Insurance

QUESTION: Am I required to purchase health insurance while I am on a J-1 visa?

ANSWER: Yes – federal regulations require J-1 visitors to have health insurance coverage for themselves and their dependents for the entire period of stay in the U.S. You can find more information here: https://globalengagement.uga.edu/images/documents/immigration/scholar/J1_Health_Insurance_Info_Sheet_.pdf

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EAD for dependents�

QUESTION: Can my spouse work in the U.S while they are on a J-2 visa?

ANSWER: Yes, they can, but must apply for and receive the approved temporary work card before they start working. The money they earn cannot be used in support of proving funding for the J-1 visitor. The J-2 will have to file form I-765 with USCIS. More information can be found here: https://www.uscis.gov/i-765

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Dependent sponsorships�

QUESTION: Who is eligible to request a J-2 dependent visa?

ANSWER: The J-2 Visa is a visa for the spouse or the unmarried child under the age of 21 of a J-1 visa holder.  This visa will allow dependents to accompany or later join the J-1 to live in the United States during their J-1 program.

QUESTION: Are my dependents required to maintain health coverage?

ANSWER: Yes. If your dependents have a valid J-2 DS-2019 then they also need valid health insurance, even if they are not in the United States. If your dependents return home early and will not return during your J-1 program we can end their DS-2019s. Only after the DS-2019 is ended can the health insurance be canceled for your family members.

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��Remote work�

QUESTION: My supervisor allows his staff to work remotely three days a week, and to be in the office two days a week. Are J-1’s allowed to take advantage of this, a work remotely?

ANSWER: J-1 visa holders can only work remotely a maximum of two days per week.

QUESTION: Can a J-2 with a work card work remotely?

ANSWER: Yes, so long as the J-2 has the work card and it has not expired, they can work remotely.

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Extension of J-1 programs�

QUESTION: My DS-2019 is expiring in 2 months, but my supervisor wants me to stay another year. Can I extend my J-1 program?
ANSWER: Yes, you can, if you have not yet reached the maximum amount of time for your category. For research scholars and professors, this is five years. For specialists, it is one year. For short-term scholars, it is six months.

*NOTE: Scholars will need to show funding for the entire duration of the program.

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Cultural components of your exchange program�

The broad purpose of the J-1 program is to promote international educational and cultural exchange to develop mutual understanding between the people of the United States and other countries.
The Department of State has given the following as examples of appropriate exchange activities:

Talk about the American culture/history of philanthropy and volunteerism and then arrange a day of volunteer work with a local charity.
Talk about the American economy, crafts and trade, and then plan a day at a county fair and/or a local trade show.
Talk about American sports and recreation, then pick a sport to teach visitors to play, creating a league with competitive games. Go to a game/match (high school, college, professional) all together.

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Transferring to a new sponsor�

QUESTION: Can I transfer my J-1 program to another U.S. institution?

ANSWER: In short, yes but with caveats. The transfer from one program (sponsor) to another may be allowed at the discretion of the responsible officers and must be within the same category with the same academic purpose. Transfers are not permitted in all categories, and a transfer does not extend the maximum duration of the program.

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Home Residence Requirement�

QUESTION: What is the two-year home residency requirement (212 (e))?

ANSWER: Exchange Visitors subject to the 212(e) are required to return home for 2 years after completing a program, or be granted a Department of State waiver, BEFORE changing to H, L, or Immigrant status (permanent resident)

QUESTION: How do I know if I am subject to the 212(e) regulation?

ANSWER: Subjectivity may be noted on the DS-2019 or U.S. Visa Stamp. Exchange Visitors are subject if one or more of the following are true:

Program financed by U.S. government or Home government or international organization
Home country considered field of research or skill necessary to the development of home country
Exchange Visitor is receiving medical education or training in the United States

QUESTION: How can I apply for a waiver of the 212(e) home requirement?

ANSWER: Waivers must be filed directly by the Exchange Visitor to the Department of State - https://travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor.html

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Changing to an H-1B work visa �

QUESTION: I am on a J-1 visa as a postdoc, but would like to change to an H-1B work visa. Is this allowed?

ANSWER: In some cases, yes. First- Your department needs to agree to cover the costs associated with the H-1b. Second, your position must meet all the H requirements, and you do as well. These include requiring a minimum of a Bachelor’s degree in a specialty field, and you have to hold at least that degree. Third, the wage that you are being paid must be equal to or higher than the minimum wage set for your specific position by the Department of Labor.

QUESTION: Can I file a change of status application to switch to the H-1b visa? I don’t want to have to travel home to my country and apply at the U.S. Consulate.

ANSWER: In some cases, yes. If you are NOT subject to the J-1 home residence requirement (regulation 212(e)), then you can usually change status in the U.S. If you are subject to regulation 212(e) then you cannot change status, and cannot get an H-1B visa until you spend two years in your home country, or you are approved for a waiver from the U.S. Department of State.

QUESTION: How can I get more information about getting a waiver to the home residence requirement?

ANSWER: https://travel.state.gov/content/travel/en/us-visas/study/exchange/waiver- of-the-exchange-visitor/how-to-apply-waiver.html

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Green card questions�

QUESTION: I hold a J-1 visa – how can I get U.S. Permanent Resident status – aka a “green card”?

ANSWER: There are a few ways people might qualify for a U.S. green card. You can find general information here: https://www.uscis.gov/green-card

QUESTION: I am a J-1 post-doc. Can UGA sponsor me for a green card?

ANSWER: No – a post-doc position is not considered a permanent employment position, so it is not eligible for an employer sponsorship.

QUESTION: As a post-doc then, what options do I have to sponsor myself for a green card?

ANSWER: You may qualify for an EB-2 category “National Interest Waiver” (NIW), or an EB-1a category “Alien of Extraordinary Ability). You are probably best to consult with a good immigration attorney about these options, as they are complicated to assemble and file. You can find general information on the NIW here: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2

You can find general information on the EB-1a category here: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1