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J-1 Exchange Visitors

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The J-1 Exchange Visitor Program promotes mutual understanding between the people of the US and the people of other countries by means of cultural and educational exchange. It provides international students and scholars with opportunities to participate in exchange programs in the US and then return home to share their experiences. Thus, the J-1 category is not suited for regular employment situations. About half of Emory's international scholars are J-1 exchange visitors.

Important
  • The maximum length of stay for J-1 exchange visitors can range from 6 months to 5 years, depending on the category. Back-to-back, repeat J-1 stays are not allowed per the aforementioned purpose of the J-1 program. Please review the following information carefully, paying particular attention to the purpose and the maximum stay permitted for each J-1 category. Use of the J-1 Short-Term Scholar category to prolong one's stay will not be allowed. Between J-1 stays, please allow at least one academic year. At that point, the scholar may return for a different J-1 program objective. 
  • Two-year Home-Country Physical Presence Requirement: Some J-1 exchange visitors are required to return to their home country for 2 years at the end of their program, unless they request a waiver. This requirement under immigration law is based on section 212(e) of the Immigration and Nationality Act, and therefore is commonly referred to as 212(e). 
Resources:

J-1 scholars can come to Emory in one of several categories. ISSS works with hosting departments to determine the right category for prospective exchange visitors (EVs) and recommends that departments submit J-1 scholar requests no later than 3-4 months prior to the desired start date. For all of the following categories, Emory acts as the immigration sponsor and any source of funding can be used including personal funding. 

J-1 Categories
  • Research Scholar or Professor
    • Purpose of Visit:
      • Research Scholar: To conduct research. The EV may consult in connection with a research project or teach/lecture as a visiting scholar.
      • Professor: To teach, lecture or conduct research as a visiting scholar.
    • Education Required: Must have earned at least a bachelor's degree in a related field.
    • Length of Stay: 3 weeks to 5 years.
    • Special Notes: No tenure track. Upon completion, the EV is subject to the 24-Month Bar on repeat participation as J-1 Research Scholar/Professor. The EV must return home after J-1 stay. See "Special Restrictions for Research Scholar and Professor Categories" below for more information. 
       
  • Short-Term Scholar
    • Purpose of Visit: To lecture, teach, observe, or attend longer seminar or conference.
    • Education Required: Must have earned at least a bachelor's degree in a related field.
    • Length of Stay: Up to 6 months.
    • Special Notes: Must return home after J-1 stay. Back-to-back J-1 scholar visits aren’t allowed. The EV must have at least one academic year between visits and return with a different J-1 objective. 
       
  • Specialist
    • Purpose of Visit: To demonstrate highly specialized skills, consult in connection with a research project, or observe as a visiting scholar.
    • Education Required: Must have earned at least a bachelor's degree in a related field
    • Length of Stay: 3 weeks to 12 months
    • Special Notes: The EV must be a world-renowned expert in a field of specialized knowledge or skill. After completion, the EV may not return as J-1 Research Scholar or Professor for 12 months. The EV must return home after J-1 stay.  
       
  • Student Intern
    • Purpose of Visit: To participate in a student internship program that will fulfill educational objectives back home.  
    • Education Required: Must be current enrolled at a post-secondary institution abroad.
    • Length of Stay: 3 weeks to 12 months.
    • Special Notes: Not the same as J-1 Intern. The EV must be currently enrolled in university outside US. This category is not available to people who have already graduated. The EV must return to home school abroad to resume their post-secondary studies. 
J-2 Dependents

J-1 Exchange Visitors can bring their spouse or unmarried children under the age of 21 with them to the United States as J-2 dependents. J-2 dependents can apply for employment authorization after they arrive in the US. They can also study in the US. For more information, please visit ISSS' Bringing Family page.

Maintaining J-1 Status

Exchange Visitors have a number of immigration responsibilities including participating in cultural activities, obtaining health insurance for themselves and J-2 dependents (see below), reporting any changes in contact information, and more. For information, please visit ISSS' Maintenance of International Scholar Status page. 

Additionally, once a J-1 program starts, the host department will be required to submit an annual program evaluation form about the progress the scholar is making in their program.

Health Insurance Requirement

J-1 exchange visitors and their J-2 dependents are legally required to carry health insurance while they are in the US. J-1 scholars also need to report their insurance coverage to ISSS.

At Emory, J-1 scholars have the following options for meeting this requirement:

  1. Emory's Aetna POS or Kaiser Permanente Plan
    • Emory employees can sign up for subsidized health insurance as part of their benefits package.
    • Visit Human Resource's website for more information on medical benefits.
  2. ISO or ISP
  3. Insurance from an Outside Sponsor
    • Exchange Visitors sponsored by an organization other than Emory—such as Fulbright—might be provided with health insurance through their sponsor.
    • If not, or if the outside sponsor doesn't provide insurance that meets the Department of State's requirements, the scholar will need to sign up for a different plan such as those offered by ISO or ISP.

For more information on the Department of State's minimum health insurance requirements, more details on the options listed above and for instructions on reporting insurance coverage to ISSS, visit ISSS' J-1/J-2 Health Insurance Requirements page.

There are two State Department restrictions on participation in the Research Scholar and Professor categories:

  1. The 12-Month Bar
    • To be eligible for the Research Scholar or Professor category, a scholar can not have been in the US in any J status (including J-2) in the 12 months leading up to the proposed start date.
    • There are 3 exceptions to this rule:
      • The J stay was less than 6 months.
      • The J stay was in the Short-Term Scholar category.
      • The exchange  visitor is transferring between institutions, as long as there will be no gap between programs and they maintain the same program objective.
         
  2. The 24-Month Bar
    • After completing a program as a Research Scholar or Professor, a scholar cannot return to the US in either of those two categories for the next 24 months. 
    • Per the 2007 DOS memo, the 24-month bar also applies to J-2 dependents of J-1 Professors or Research Scholars. 

 No Clinical Positions or Patient Care/Contact

Per US federal law, J-1 scholars at universities cannot hold clinical positions or engage in any other kind of work that involves patient care or contact, including any work that would require a J-1 scholar to provide therapy, medication, or other clinical or medical care.

The government prohibition includes, but is not limited to, the following fields:

  • internal medicine
  • specialty practice
  • sports or physical therapy
  • psychological counseling
  • nursing
  • dentistry
  • veterinary medicine
  • social work
  • speech therapy or
  • early childhood education.
Incidental Patient Contact

Incidental patient contact is permitted as long as it fully meets the following conditions set by the US Department of State:

  1. The program in which the J-1 scholar will participate is predominately involved with observation, teaching, or research.
  2. Any incidental patient contact involving the J-1 scholar will be under the direct supervision of a physician who is a US citizen or resident alien and who is licensed to practice medicine in Georgia.
  3. The J-1 scholar will not be given final responsibility for the diagnosis and treatment of patients.
  4. Any activities of the J-1 scholar will conform fully with licensing requirements and regulations for medical and health care professionals in Georgia.
  5. Any experience gained in this program will not be creditable toward the J-1 scholar’s clinical requirements for medical specialty board certification.

As part of the J-1 scholar request process (within the "Department Request for J-1 Scholar" e-form), department administrators are asked if the J-1 scholar will have "No Patient Contact" or "Incidental Patient Contact." If the scholar will have incidental patient contact, the department will need to upload a completed incidental patient contact letter. 

The letter should meet the following criteria:

  • Include all the required details. ISSS provides a template letter for the department's convenience.
  • Printed on Emory School of Medicine letterhead.
  • Signed by the exchange visitor's supervisor and the School of Medicine's Dean (or Dean's designee). These signatures are required by the US government.
  • The supervisor should provide the signed letter to their department administrator to upload to the "Department Request for J-1 Scholar" e-form.

If a department is unable to meet all of these requirements, the department should contact their assigned ISSS advisor to see if another immigration status could be used instead as the J-1 category is not appropriate. 

Foreign Medical Graduates

Foreign medical graduates (FMGs) who wish to participate in clinical programs or training cannot be sponsored by the Emory’s J-1 program. The only institution authorized to sponsor FMGs as J-1 Alien Physicians for internships, residencies, specialized clinical training, and in other positions involving more than incidental patient contact, is the Educational Commission for Foreign Medical Graduates (ECFMG)

Contact Emory’s Graduate Medical Education office for more information.