Einwanderung / Visumbestimmungen
A program of the US Department of State (DOS) created to promote mutual understanding between the people of the US and other countries through educational and cultural exchanges. Participants are classified as J-1s and their dependents as J-2s. The Salk Institute sponsors individuals in the J-1 Research Scholar or Short-Term Scholar categories. The DOS Welcome Brochure provides general information about the EVP and the rules Exchange Visitors must follow.
An internet-based system in which the US Department Homeland Security (DHS) manages sponsoring institutions and tracks J-1 Exchange Visitors, as well as F-1 and M-1 Students.
Individual who is appointed by a J-1 sponsoring institution (e.g., the Salk Institute) to administer its Exchange Visitor Program and who is authorized to issue and sign Form DS-2019.
A document issued by a Salk (Alternate) Responsible Officer through SEVIS to scholars it sponsors in its J-1 program, as well as their J-2 dependent(s). The DS-2019 is the eligibility document for a visa that you will present at the US Consulate or Embassy at your J visa appointment. You will also present the DS-2019 to a US Customs and Border Protection (CBP) officer when you arrive in the US.
Note: Do not complete or submit Form DS-7002, as Salk does not sponsor the J-1 Intern/Trainee category. The DS-7002 is not required for participation in Salk’s J-1 program.
Certain J-1s and their J-2 dependents are required to “reside and be physically present” in their home country (country of nationality/citizenship or legal permanent residence) for an aggregate of two years after completion of the J Program.
J-1s and J-2s are subject to the Two-year Home Country Physical Presence Requirement, (scroll down to heading Two-year Home-Country Physical Presence Requirement) if:
- the J-1 receives any funding, directly or indirectly, from his/her home country or from the US government at any time to support his/her J-1 program.
Note that some sources of indirect government funding may not be apparent, funding sources may change during the J-1 program, and that notations on visas and DS-2019s are not always correct.
- the J-1’s skills (indicated on DS-2019 as subject/field code) are deemed to be in short supply by the home country according to the Exchange Visitor Skills List.
Until the J-1s and J-2s have fulfilled this 2-year requirement, they:
- may not change their nonimmigrant status within the US
- are not eligible for H, L, or K visas
- may not apply for an immigrant visa or for adjustment of status to lawful permanent resident
If the J-1 cannot fulfill the 2-year return commitment, he/she may be able to apply for a waiver, often on the basis of a “no objection” statement of the home country government and waiver recommendation from the US Department of State (DOS). However, the final authority to grant the waiver lies with US Citizenship and Immigration Services/Department of Homeland Security (USCIS/DHS). If a waiver is granted to a J-1, it will apply to any J-2 dependents as well.
Please Note: Applying for a waiver can be a complicated and lengthy process, which may affect certain benefits, such as J-1 program extensions (or transfers) or the ability to obtain a J visa from a US Consulate or Embassy to return to the United States. A J-1 should carefully consider the timing of a J-1 waiver application. For legal advice or application assistance related to a J-1 waiver, you should consult a qualified immigration attorney.
US immigration law presumes that each foreign national wishing to come to the US intends to immigrate or remain indefinitely in the United States. Therefore, certain applicants for nonimmigrant US visas and/or nonimmigrant admission to the US, including J-1s and TNs must prove nonimmigrant intent (i.e., that their stay in the US is intended to be temporary and they intend to return abroad rather than remain in the US at the end of their nonimmigrant status).
These applicants must:
- Demonstrate eligibility for the particular nonimmigrant classification for which they seek to enter the US
- Maintain a residence in a foreign country which they have no intention of abandoning
A US visa is a permit issued by a US Consulate or Embassy used for admission to the US within a specified period of time for a particular purpose. It is a multicolored stamp/sticker that is affixed to a page in your passport. It contains your photo and specifies the visa classification that fits the purpose of your intended stay (e.g., to temporarily participate in a research project), as well as the period of time in which you may seek admission to the US. Every time you enter the US you must have a valid US visa appropriate for the purpose of your stay. Canadian citizens do not normally require a US visa.
Note: A US visa is only issued for the purpose of requesting admission to the US; it has no bearing on the period of time you may temporarily remain in the US.
Immigration status is the legal condition allowing one to remain in the US for a specific purpose and period of time. Your class of admission (nonimmigrant status, e.g. J-1, J-2, H-1B, etc) and admitted until (expiration) date, which should be D/S for Js, are specified on the CBP admission stamp given in your passport by US Customs and Border Protection (CBP) upon arrival in the US and your I-94 record.
The I-94 is the Arrival/Departure Record, which contains your Admission Number and documents your permission to stay in the US in accordance with your nonimmigrant status. It is created electronically upon arrival at an air (or sea) Port of Entry by US Customs and Border Protection (CBP)/Department of Homeland Security (DHS). The I-94 records your date of admission to the US, class of admission (status), admitted until (expiration) date, and later your departure from the US.
If your I-94 record was created electronically at an air (or sea) Port of Entry, you can obtain your Admission Number and print out the electronic record of your I-94 from the CBP webpage: www.cbp.gov/I94. It is a good idea to review and print out the electronic record of your I-94 shortly after reentry to the US.
Paper I-94s will only be issued in limited circumstances, most commonly upon arrival at land border crossings from Canada and Mexico or upon approval from US Citizenship and Immigration Services (USCIS) for a change or extension of status.
Note: If you were issued a paper I-94 upon admission to the US, it is very important that you not lose it. You will need to submit it at the airport or seaport upon departure from the US.
A dependent is the spouse or unmarried child under the age of 21 who accompanies (or later joins) an individual who is coming to the US temporarily for a specific purpose and period of time. (The dependent of a J-1 Exchange Visitor is classified as J-2.)
A grace period is a specific period of time during which an individual may remain in the US after completing a particular nonimmigrant program. Particular grace periods are available for specific nonimmigrant statuses.
J-1s and J-2 dependents have a 30-day grace period. This grace period begins the day after the J-1 completes his or her J-1 program at Salk, which can be the end date indicated on the DS-2019 or earlier if the J-1 completes the J-1 program before that date. The grace period is provided to allow time to prepare for departure from the US and/or travel within the US. No work, authorization for incidental activities, or travel out of and reentry into the US in the same status is allowed during the grace period.
H-1Bs and H-4 dependents must leave the US by the expiration date listed on their CBP admission stamp and/or I-94(A), unless the employment ends earlier. The expiration date may include a 10-day grace period, which may be included at the discretion of the CBP officer you encountered upon arrival in the US. If granted by CBP, the 10-day grace period allows time to prepare for departure from the US and/or travel around the US. No work or travel out of and reentry into the US in the same status is allowed during the grace period.
E-3s, TNs, O-1s, and their dependents should consult Academic Services.
Each foreign national, eighteen years of age and older, are required by US law to carry evidence of registration document. Your valid, unexpired US Customs and Border Protection (CBP), Department of Homeland Security (DHS) admission stamp or I-94(A) satisfies this requirement. You should also carry valid government-issued identification, such as your unexpired passport, and your DS-2019 (J-1) or I-797 approval notice (H-1B).