Hosting/Hiring Department Responsibilities

The purpose of the State Department's Exchange Visitor Program is to promote cultural and educational exchange between US citizens and those of other countries. The program provides foreign nationals with opportunities to participate in exchange programs in the US and then return home to share their experiences. Technically, it's not employment, although many J-1 scholars may be paid by Emory. As an Emory-sponsored non-immigrant status, the department has some extra responsibilities when hiring a J-1 exchange visitor. These responsibilities include:

1. Being Familiar with the J-1 Exchange Visitor Program's Rules and Requirements
   • Includes understanding Emory's J-1 Scholar request process for inviting a J-1 Exchange Visitor and knowing what to consider when selecting the appropriate J category for a scholar.
      
2. Verifying English Language Proficiency
   • J-1 scholars need to have sufficient English fluency to perform their program activities and navigate daily life in the US. 
   • The State Department gives three options for verifying English language proficiency during the initial request process:
     • Signed documentation from a non-Emory academic institution or English language school (download template letter);
     • A documented interview by Emory’s hosting department with the J-1 exchange visitor, either in person or by video conference
       (evaluation template); or
     • A recognized English language test
       • Test options: TOEFL, IELTS or Pearson.
       • Acceptable minimum scores

3. Letting ISSS Know if a J-1 Scholar's Arrival is Delayed
   • Departments must inform ISSS right away if a J-1 scholar's arrival in the US is delayed. 
   • The scholar's SEVIS record will be updated, and a new DS-2019 form will be issued reflecting their correct program dates.
      
4. Letting the Scholar Know of the ISSS Check-in and Orientation Requirement 
   • International check-in consists of submitting the "J-1 New Scholar Arrival" form in ISSS Link (found under the "Pre-Arrival and Orientation" menu) and attending an ISSS New Scholar Orientation.
   • J-1 scholars must complete the check-in e-form within 10 days of their start date and before attending the scholar orientation session at ISSS. 
   • In the final section of the e-form, scholars will be required to choose a Scholar Orientation session to attend.
      
5. Informing and Encouraging Scholars to Purchase and Maintain Health Insurance 
   • Departments are required to inform and encourage J-1 scholars and their J-2 dependents (if applicable) to purchase and maintain health insurance for the duration of their stay in the US. 
   • Scholars who fail to obtain and maintain insurance case lose their immigration status.
      
6. Providing Cultural and Educational Opportunities for the J-1 Scholar and Their J-2 Dependents
    
7. Evaluating the Scholar's Progress and Submitting a J-1 End of Program E-form
   • Departments are required to evaluate a J-1 scholar's progress in their exchange program by submitting a J-1 Scholar Program Evaluation annually and at the conclusion of the scholar's program. 
   • J-1 End of Program 
     • When a scholar finishes their exchange program at Emory, the department must submit a "J-1 End of Program" e-form through ISSS Link.
     • This e-form includes the final evaluation.
   • J-1 Scholar Annual Program Evaluation
     • Each summer, ISSS emails all J-1 Research Scholars and Professors with instructions on how to initiate the "J-1 Scholar Annual Program Evaluation" e-form in ISSS Link. 
     • Once the scholar completes their portion of the e-form, the scholar's supervisor will receive an email with instructions on submitting their portion of the evaluation. 
     • Due to their shorter program durations, J-1 Short-Term Scholars and Specialists are exempt from this requirement.
        
8. Notify ISSS Within 24 hours of Any Serious Problem or Controversy 
   • Host departments are required to email ISSS (isss@emory.edu) if they become aware of anything that could be expected to bring the Department of State, the scholar, or Emory’s exchange visitor program into notoriety or disrepute. 
   • Incidents that require reporting include, but are not limited to, the conviction of a crime, potential litigation related to a Emory’s J-1 program in which the scholar may be a named party, serious accident or injury, or sexual abuse allegations.
      
9. Reporting the Following Changes/Updates to ISSS in a Timely Manner:
   • Any changes in the scholar's program (i.e. financial support, end date, site of activity, duties, Emory department, etc.).
     • These types of changes require ISSS approval in advance. 
   • Any change to the J-1 scholar and J-2 dependent's (if applicable) contact information. 
     • Includes changes to their physical address, email address or phone number.
     • These changes must be reported within 10 calendar days of a change. 
   • Any out-of-country activity related to the exchange program.
     • Includes brief business trips to carry out Emory's J-1 activities abroad.
     • To be reported in ISSS Link.
   • If any of the scholar's J-2 dependent(s) permanently leave the US before the DS-2019 program end date.
   • If an extension of the J-1 program is desired, request a J-1 extension at least three months before the scholar's J-1 program end date.
      

H-1B status is used for people who will perform services in a specialty occupation on a temporary basis. At Emory, it can be used to bring temporary faculty, researchers, consultants, administrators, or other professionals to the US. As an Emory-sponsored non-immigrant status, the department has some extra responsibilities when hiring an H-1B Temporary Worker. These responsibilities include: 

1. Being Familiar with the H-1B Temporary Worker Rules and Requirements
   • Includes understanding Emory's request process for hiring an H-1B scholar and gathering the required documentation. 
      
2. Paying the Following Fees for the H-1B Petition:
   • Form I-129 Fee
   • H-1B Anti-Fraud Fee 
     • Contact the department's assigned ISSS advisor to see if this $500 fee is applicable.
   • Form I-539 Fee
     • For any dependents already in the US
     • Only required if the department agrees to pay this fee on behalf of the H-1B scholar.
   • Premium Processing Fee (optional)
      
3. Letting ISSS Know if an H-1B Scholar's Arrival is Delayed
   • Departments must inform ISSS right away if an H-1B scholar's arrival in the US is delayed. 
      
4. Letting the Scholar Know of the ISSS Check-in and Orientation Requirement
   • International check-in consists of submitting the "Scholar Arrival: H-1B, E-3, TN, O-1" e-form in ISSS Link (found under the "Pre-Arrival and Orientation" menu) and attending an ISSS New Scholar Orientation.
   • H-1B scholars must complete the check-in e-form within 10 days of their start date.
   • At the end of the e-form, scholars will be directed to schedule a one-on-one orientation with their ISSS Advisor. 
      
5. Reporting the Following Changes/Updates to ISSS in a Timely Manner:
   • Any changes in the scholar's employment (i.e. salary, full time vs. part time, end date, duties, work location, Emory department, etc.). These types of changes require ISSS approval in advance. 
   • If the H-1B scholar will end their H-1B employment early, submit an "H-1B/E-3 Status or Employment Ending Early" e-form in ISSS Link before their employment end date.
   • If an extension of the H-1B employment is desired, request an H-1B extension at least 8 months before the scholar's H-1B approval period end date.
      
6. Following Government Site Visit Procedures
   • The USCIS Fraud Detection and National Security (FDNS) unit can conduct both announced and unannounced inspections of H-1B worksites. These visits can occur in person, by phone, email or fax.  
   • Learn more about government site visits and supervisors/employees protocols on ISSS' Government Site Visit page.
      
7. Paying Transportation Costs to Return Home (if applicable)
   •  If a department dismisses an H-1B scholar from employment before their H-1B approval end date, the department is responsible for paying for the scholar's transportation.

O-1 temporary workers possess extraordinary ability, have risen to the very top of their field of endeavor, and are coming to the US to continue work in their area of extraordinary ability on a temporary basis. As an Emory-sponsored non-immigrant status, the department has some extra responsibilities when hiring an O-1 Temporary Worker. These responsibilities include: 

1. Being Familiar with the O-1 Temporary Worker Rules and Requirements
   • Includes understanding Emory's request process for hiring an O-1 Temporary Worker and obtaining a referral to an outside attorney.
      
2. Ensure that ISSS Receives Copies of All Documentation Related to the Petition
   • Required documentation to provide ISSS include the receipt and approval notices. 
   • The outside attorney will also need to provide a copy of the I-129 form, cover letter, and G-28 before filing, so that ISSS can review and sign.
      
3. Letting the Scholar Know of the ISSS Check-in and Orientation Requirement
   • International check-in consists of submitting the "Scholar Arrival: H-1B, E-3, TN, O-1" e-form in ISSS Link (found under the "Pre-Arrival and Orientation" menu) and attending an ISSS New Scholar Orientation.
   • O-1 scholars must complete the check-in e-form within 10 days of their start date.
   • At the end of the e-form, scholars will be directed to schedule a one-on-one orientation with their ISSS Advisor. 
      
4. Reporting the Following Changes/Updates to ISSS and the Outside Attorney in a Timely Manner:
   • Any changes in the scholar's employment (i.e. salary, full time vs. part time, end date, duties, work location, Emory department, etc.). These types of changes require approval in advance.
   • If an extension of the O-1 employment is desired, request an O-1 extension at least 8 months before the scholar's O-1 approval period end date.
      
5. Paying Transportation Costs to Return Home (if applicable)
   • If a department dismisses an O-1 scholar from employment before their O-1 approval end date, the department is responsible for paying for the scholar's transportation.

TN status allows qualified Canadian and Mexican citizens to work in certain professions in the US on a temporary basis. As an Emory-sponsored non-immigrant status, the department has some extra responsibilities when hiring a TN NAFTA Professional. These responsibilities include: 

1. Being Familiar with the TN NAFTA Professional Rules and Requirements Including the Following:
   • Understanding Emory's request process for hiring a TN scholar.
   • Gathering the required documentation. 
   • Providing ISSS with all of the information required for ISSS to create the TN Employment Letter (to be used by the scholar when entering the US or to be included with the I-129 petition).
      
2. Paying the Form I-129 Fee for the TN Petition (if applicable)
   • Filing fee is required only if the scholar decides to petition from within the US (instead of traveling to Canada or Mexico and applying for TN status at the port of entry).
      
3. Providing a copy of the TN scholar's offer letter to ISSS for review before sending it to the scholar or filing the I-129.
    
4. Letting the Scholar Know of the ISSS Check-in and Orientation Requirement
   • International check-in consists of submitting the "Scholar Arrival: H-1B, E-3, TN, O-1" e-form in ISSS Link (found under the "Pre-Arrival and Orientation" menu) and attending an ISSS New Scholar Orientation.
   • TN scholars must complete the check-in e-form within 10 days of their start date.
   • At the end of the e-form, scholars will be directed to schedule a one-on-one orientation with their ISSS Advisor. 
      
5. Reporting the Following Changes/Updates to ISSS in a Timely Manner:
   • Any changes in the scholar's employment (i.e. salary, full time vs. part time, end date, duties, work location, Emory department, etc.). These types of changes require ISSS approval in advance.
   • If an extension of the TN employment is desired, request an H-1B extension at least 3 months before the scholar's TN approval period end date.
      

E-3 status is used for Australian nationals who will perform services in specialty occupations on a temporary basis.  At Emory, it can be used to bring faculty, researchers, or other highly specialized professionals to the US. As an Emory-sponsored non-immigrant status, the department has some extra responsibilities when hiring an E-3 Australian Worker. These responsibilities include: 

1. Being Familiar with the E-3 Australian Worker Rules and Requirements Including the Following:
   • Understanding Emory's request process for hiring an E-3 scholar.
   • Gathering the required documentation.
   • Knowing when a petition may need to be filed (only if the scholar is already in the  US and will remain in the US for an approval of a change of status, change of employer, or change in employment conditions.)
      
2. Paying the Following Fees for the E-3 Petition (if applicable)
   • Form I-129 Fee
   • Form I-539 Fee
     • For any dependents already in the US
     • Only required if the department agrees to pay this fee on behalf of the E-3 scholar.
   • Premium Processing Fee (optional)
      
3. Letting ISSS Know if an E-3 Scholar's Arrival is Delayed
   • Departments must inform ISSS right away if an E-3 scholar's arrival in the US is delayed. 
      
4. Letting the Scholar Know of the ISSS Check-in and Orientation Requirement
   • International check-in consists of submitting the "Scholar Arrival: H-1B, E-3, TN, O-1" e-form in ISSS Link (found under the "Pre-Arrival and Orientation" menu) and attending an ISSS New Scholar Orientation.
   • E-3 scholars must complete the check-in e-form within 10 days of their start date.
   • At the end of the e-form, scholars will be directed to schedule a one-on-one orientation with their ISSS Advisor. 
      
5. Reporting the Following Changes/Updates to ISSS in a Timely Manner:
   • Any changes in the scholar's employment (i.e. salary, full time vs. part time, end date, duties, work location, Emory department, etc.). These types of changes require ISSS approval in advance.
   • If the E-3 scholar will end their E-3 employment early, submit an "H-1B/E-3 Status or Employment Ending Early" e-form in ISSS Link before their employment end date.
   • If an extension of the E-3 employment is desired, request an E-3 extension at least 8 months before the scholar's E-3 approval period end date.
      
6. Following Government Site Visit Procedures
   • The USCIS Fraud Detection and National Security (FDNS) unit can conduct both announced and unannounced inspections of E-3 worksites. These visits can occur in person, by phone, email or fax. 
   • Learn more about government site visits and supervisors/employees protocols on ISSS' Government Site Visit page.
      
7. Paying Transportation Costs to Return Home (if applicable)
   • If a department dismisses an E-3 scholar from employment before their E-3 approval end date, the department is responsible for paying for the scholar's transportation.