VISA Information

J-1 Visa Information (Visiting Fellows)

B-1 Visa Information (Guest Scholars)


 

J-1 Visa Information (Visiting Fellows)

 

Pre-Arrival Information

DS-2019, Certificate of Eligibility for Exchange Visitor Status (for J-1 visas)
Visitors applying for a J-1 visa should read page 2 of the DS-2019 very carefully before signing the form at the bottom of page 1.

Applying For Your J-1 Visa
A visa is a stamp in your passport that allows you to enter the United States with other required documents.  J-1 visas are issued by the American Consulate/Embassy in your home country and cannot be issued in the United States.  Visitors are advised to check the website of the local American embassy or consulate in advance of their visa application for special requirements at that particular location and to make an appointment for the visa application as soon as possible.  At the very least, you will need to take your passport, award letter from the Kellogg Institute, and DS-2019 to the nearest American consulate/embassy to apply for your J-1 visa.  You will also need to show proof of financial support for your time at Notre Dame.  In addition, because the J-1 visa is a non-immigrant visa, you will need to show proof of your intention to depart the United States after your fellowship.

The J-1 visa cannot be issued more than 90 days prior to the program start date on your DS-2019. This date can be found in section 3 on page 1 of the DS-2019.    In addition, you will not be admitted into the U.S. more than 30 days prior to the program start date, or after the program start date, so this is an important date to note.

Clearing Immigration at the U.S. Port of Entry/I-94 Card (Arrival/Departure Record)

Upon arrival at the first airport that you enter in the U.S., or at U.S. Immigration in Canada or Mexico, you will need to clear U.S. Immigration.   You must present your passport with your valid J-1 visa, your DS-2019, and your I-94 card (the small white card you will receive on the plane before landing).  You will also need to present documentary evidence of financial support in the amount listed on your DS-2019.   It is important that you carry these items with you.   Do not put them in your luggage because you will not have access to them before you clear immigration.  The Immigration Officer will check your documents, stamp your I-94 card and DS-2019 with a stamp that should accurately reflect your immigration status (J-1), and admit you into the country.   Do not lose or discard the I-94 card.  It is an important document that indicates how long you may legally remain in the U.S. If you have any problems, contact the Kellogg Institute at: (1-574)-631-6580 and ask for Juliana de Sousa Solis, Luis Canales, or Sharon Schierling.  J-1 students will not be admitted into the country beyond the program start date in section 3 on page 1 of the DS-2019.

REQUIRED Immigration Registration and Enrollment Clearance Forms

Upon your arrival at the Kellogg Institute, all new international visitors are REQUIRED to register your immigration documents with the Institute within 1 week after your arrival at Notre Dame, or by the program start date on your DS-2019, whichever comes first. Failure to register your documents with the Institute in a timely manner can result in the loss of your lawful immigration status and serious consequences.  To register, you will need to bring your passport, DS-2019, and I-94 Arrival/Departure Record to the scheduled meeting during orientation. 

Mandatory Health Insurance

J-1 visa holders are required to have medical insurance in effect for themselves and any accompanying spouse and/or dependents on J visas.  The regulations are as follows:

At least $50,000 per person per accident or illness; at least $7,500 for repatriation of remains; at least $10,000 for medical evacuation to the home country; and a deductible not to exceed 25% payable by the Exchange Visitor or sponsor. Acceptable coverage may not exclude risks inherent in the activities of your Exchange Visitor program. The company providing the insurance coverage must have an A.M. Best rating of "A-" or above, an Insurance Solvency International, Ltd., (ISI) rating of "A-1" or above, a Standard & Poor's Claims-paying Ability rating of "A-" or above, or a Weiss Research, Inc. rating of "B+" or above; or backed by the full faith and credit of the government of the exchange visitor's home country; or offered through or underwritten by a federally qualified Health Maintenance Organization (HMO) or eligible Competitive Medical Plan (CMP) as determined by the Health Care Financing Administration of the U.S. Department of Health and Human Services.

Health Insurance benefits that fulfill the J-1 visa requirements are provided as a part of your fellowship. Upon arrival at ND, you will be required to attend a benefits meeting with Human Resources in order to enroll in your new insurance. 

Travel

In-Country

If you intend to travel within the U.S. during your stay, there are no special documents necessary. However, be sure to carry your passport, I-94, and DS-2019 with you so that you will have legal, identifying documents in your possession should any problems arise.

Out-of-U.S.

If you are on a J visa, you will need to have a signature on your DS-2019 for reentry, which will not be more than 12 months old at the time of your return to the United States.  You also need to make sure that your passport is valid (i.e. has not expired).  You will need to see Deborah Gabaree at the General Counsel’s office to have your DS-2019 signed.  You can contact Debbie at 574-631-6411.

Maintenance of status

All exchange visitors must maintain J-1 status by engaging only in activities permitted under the program and the category, filing timely and appropriate transfer and extension notification, refraining from unauthorized employment, and maintaining required health insurance coverage. An exchange visitor who violates or falls out of status loses eligibility for extension, transfer, employment, and change of status.

Exchange visitor categories

When a form DS-2019 is prepared for an exchange visitor, a particular category of activities is indicated on the form. This designation of a category helps to establish and define a program objective. For example, the student category indicates a formal program of study leading to a degree, certificate, or other similar educational objective while the research scholar category indicates the objective of academic research. In general, a change of category represents a change of objective and is not permitted. Following is a brief description of student employment and Professor and Research Scholar categories.

Professors and Research Scholars

A professor is an individual primarily teaching, lecturing, observing, or consulting at post-secondary accredited educational institutions, museums, libraries, or similar types of institutions. A professor may also conduct research.

A research scholar is an individual primarily conducting research, observing, or consulting in connection with a research project at research institutions, corporate research facilities, museums, libraries, post-secondary accredited educational institutions, or similar types of institutions. Research scholars may also teach or lecture.

Professors and research scholars may be sponsored as exchange visitors only if they have appropriate academic or similar credentials, will be participating in a program that furthers the objectives (to foster the exchange of ideas between U.S. and foreign nationals and to stimulate international collaborative teaching and research efforts), and have activities that are compatible with those objectives. The exchange visitor's appointment to a position shall be temporary, even if the position itself is permanent. The individual shall not be a candidate for a tenure-track position. Temporary is an important characteristic of this sponsorship. Although the individual may be in a position that is by nature or definition a permanent one in the institution, the intention of the sponsor and the exchange visitor as to the participant's stay must be temporary.

Short-term scholars

A short-term scholar is defined as a professor, research scholar, specialist, or a person with similar education or accomplishments coming to the United States on a short-term visit for the purpose of lecturing, observing, consulting, training, or demonstrating special skills at research institutions, museums, libraries, post-secondary accredited educational institutions, or similar types of institutions. Examples include educators, scientists, research fellows, writers, and museum administrators.

A short-term scholar is permitted to participate in activities such as conferences, workshops, seminars, and other events if these activities are stated on his or her Form DS-2019. The 3-week minimum duration of stay requirement is lifted for this category of participant. The maximum duration of stay is limited, however, to 6 months. A short-term scholar is not permitted to extend his or her stay.  

Two years home country physical presence requirement

The 2-year home country physical presence requirement is one of the most important special characteristics of J-1 status and should be thoroughly understood by the exchange visitor. The determination as to whether an exchange visitor is subject to the 2-year home country physical presence requirement by virtue of the need for his or her specialized knowledge or skills in the home country is made by reference to the Exchange Visitor Skills List, an official list of fields of specialized knowledge and skills needed in each country, as determined by the governments of those countries.

The exchange visitor is subject to the 2-year home country physical presence requirement only if participation in an exchange program began after his or her field of study appeared on the skills list. The 2-year home country physical presence requirement may be waived for any one of four reasons.

NEW: Limitations of stay - Professors and Research Scholars status

The Form DS-2019 may be issued initially for the period of the exchange up to a maximum of 5 years.

NEW: 24-month bar for professors and research scholars

Individuals who end a period of stay in the U.S. as a J1 professor or research scholar cannot return to the U.S. as a J1 professor or research scholar until they have been outside the U.S. for a minimum period of two years.  This bar applies when the individual completes a period of stay of less than five years and does not have another appointment (at the same or another institution immediately following the termination of the current appointment.  Please note that this bar is different from the 2-year home residency requirement mentioned above.


 

B-1 Visa Information (Guest Scholars)

http://www.travel.state.gov/visa/temp/types/types_1262.html

You can use a B-1 visa for a variety of business-related activities. The following are examples of lawful B-1 activities:

  • Attending a scientific, educational, professional or business convention, conference or seminar

  • Giving a lecture

  • Doing independent research at a scientific or educational institution

  • Participating in a voluntary service program

  • Participating in a sporting event

People who have B-1 visas may not, in general, get salaries or money from U.S. sources.
B-1 visa holders are not subject to the 2-year home residency requirement, nor to the 24-month bar.

Visa Waiver Program

Guest scholars coming for 90 days or less from qualified countries may be eligible to visit the U.S. without a visa if they meet the visa waiver program requirements. Select Visa Waiver Program to learn more, and find out if you meet the visa waiver requirements.

Currently, 27 countries participate in the Visa Waiver Program, as shown below:

Visa Waiver Program - Participating Countries

  • Andorra
  • Australia
  • Austria
  • Belgium
  • Brunei
  • Denmark
  • Finland
  • France
  • Germany
  • Iceland
  • Ireland
  • Italy
  • Japan
  • Liechtenstein
  • Luxembourg
  • Monaco
  • The Netherlands
  • New Zealand
  • Norway
  • Portugal
  • San Marino
  • Singapore
  • Slovenia
  • Spain
  • Sweden
  • Switzerland
  • United Kingdom

Qualifying for a Visa

Applicants for visitor visas must show that they qualify under provisions of the Immigration and Nationality Act. Applicants must demonstrate that they are properly classifiable as visitors under U.S. law.

The presumption in the law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstrating that:

  • The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment;

  • That they plan to remain for a specific, limited period;

  • Evidence of funds to cover expenses in the United States;

  • Evidence of compelling social and economic ties abroad; and

  • That they have a residence outside the U.S. as well as other binding ties which will insure their return abroad at the end of the visit.

Where Do I Apply for a Visitor Visa?

Applicants for visitor visas should generally apply at the American Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence.

Required Documentation

As part of the visa application process, an interview at the embassy consular section is required for visa applicants from age 14 through 79.  Persons age 13 and younger, and age 80 and older, generally do not require an interview, unless requested by embassy or consulate. Making your appointment for an interview is the first step in the visa application process.  The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged.  Visa wait times for interview appointments and visa processing time information for each U.S. Embassy or Consulate worldwide is available at Visa Wait Times, and on most embassy websites.  During the visa application process, usually at the interview, a quick, two-digit, ink-free fingerprint scan will be taken.  Some applicants will need additional screening, and will be notified when they apply.  Each applicant for a visitor visa must submit these forms and documentation, and submit fees as explained below:

  • An application, Nonimmigrant Visa Application, Form DS-156, completed and signed. The DS-156 must be the March 2006 date, electronic "e-form application."

  • A Supplemental Nonimmigrant Visa Application, Form DS-157 provides additional information about your travel plans. Submission of this completed form is required for all male applicants between 16-45 years of age. It is also required for all applicants from state sponsors of terrorism age 16 and over, irrespective of gender, without exception. Six countries are now designated as state sponsors of terrorism, including North Korea, Cuba, Syria, Sudan, Iran, and Libya. Select Special Processing Procedures to learn more. You should know that a consular officer may require any nonimmigrant visa applicant to complete this form. Here is Form, DS-157.

  • A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States. If more than one person is included in the passport, each person desiring a visa must make an application;

  • One (1) 2x2 photograph. See the required photo format explained in Nonimmigrant Photograph Requirements.

 

What are the Required Fees?

  • Nonimmigrant visa application processing fee - Each applicant for a visitor visa must pay a nonrefundable US $100 nonimmigrant visa application processing fee.

  • Visa issuance fee – Additionally, if the visa is issued, there will be an additional visa issuance reciprocity fee, if applicable. Please consult the Visa Reciprocity Tables to find out if you must pay a visa issuance reciprocity fee and what the fee amount is. If there is a fee for issuance for the visa, it is equal as nearly as possible to the fee charged to United States citizens by the applicant's country of nationality.

 

Additional Documentation

It is important that you refer to the Embassy Consular Section web site to determine visa processing timeframes and instructions, learn about interview scheduling, and find out if there are any additional documentation items required. Learn more by contacting the Embassy Consular Section.

Applicants must demonstrate that they are properly classifiable as visitors under U.S. law by:

  • Evidence which shows the purpose of the trip, intent to depart the United States, and arrangements made to cover the costs of the trip may be provided. It is impossible to specify the exact form the documentation should take since applicants' circumstances vary greatly.

  • Those applicants who do not have sufficient funds to support themselves while in the U.S. must present convincing evidence that an interested person will provide support.

  • Depending on individual circumstances, applicants may provide other documentation substantiating the trip's purpose and specifying the nature of binding obligations, such as family ties or employment, which would compel their return abroad.

 

Entering the U.S. - Port of Entry

A visa allows a foreign citizen coming from abroad, to travel to the United States port-of entry and request permission to enter the U.S.  Applicants should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States.  If you are allowed to enter the U.S., the CBP official will determine the length of your visit on the Arrival-Departure Record  (Form I-94). Since Form I-94 documents your authorized stay in the U.S., it’s very important to keep in your passport.

 


Copyright 2007 • the Helen Kellogg Institute for International Studies and the University of Notre Dame

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