Health Insurance Requirements for J-1 Visa Holders

J- 1 visa holders are required to maintain health insurance throughout the period of stay in the U.S., for themselves and all J-2 dependents that accompany the J- 1. Failure to maintain such health insurance while in the United States will be considered a violation of J-1 status and may lead to termination of the J-1’s legal status. The coverage outlined below has been defined by U.S. federal regulations:

Required Coverage for all J-1 visa holders and their J-2 Dependents:

• $50,000 per accident or illness
• Deductible of no more than $500
• Medical evacuation up to $10,000
• Repatriation up to $7500
• Covers pre-existing conditions after a reasonable waiting period
• Includes provision for co-payment that does not exceed 25% co-pay by the Exchange Visitor
• Does not exclude benefits for perils inherent to the activities of the Exchange Visitor’s program
• Must be underwritten by an insurance company that meets the rating requirements of the United States Information Agency (USIA) or backed by the full faith and credit of the Exchange Visitor’s government.

University Health Insurance for J-1 Scholars

Visiting scholars must carry health insurance meeting the requirements listed above throughout their stay in the United States. Scholars may choose to purchase the health insurance at UNR, bring health insurance from their home country which meets the above-listed requirements, or purchase other insurance in the U.S. that meets the federal requirements. Likewise, scholars may purchase their dependents’ insurance through UNR or another health insurance carrier but all J-2 dependents must carry health insurance.

Scholars who do not bring insurance from home that meets the above requirements and who are not paid by the University may enroll in the insurance plan offered by the Student Health Center (SHC). To do this, visiting scholars must:

1. Obtain a memo from OISS regarding their eligibility to enroll in health insurance at UNR
2. Take the memo to the Cashier’s Office in Fitzgerald Student Services Building, 3rd Floor, to pay the health insurance fee and be enrolled in health insurance at UNR

This option is only available to scholars arriving at the beginning of the semester.

J-1 Two-Year Home Country Requirement

What is the Two-Year Home Country Requirement?

Certain J-1 Exchange Visitors are required to spend two years in their home country at the end of their J-1 program. J-1 Exchange Visitors subject to this requirement cannot apply for H, L, or immigrant status unless they either return to their country of nationality for two years or obtain a waiver of the requirement. A change to another non-immigrant status while in the United States is also prohibited, except to A status (diplomatic or government official) or G status (international organization). It may be possible to apply for a different nonimmigrant visa (except H or L) at a U.S. embassy or consulate outside the U.S. The authority to grant such a visa lies with the individual consular officer. If a person who has had J status and has been subject to the two-year home residence requirement re-enters the U.S. in another status, they still remain subject to the two-year home country requirement.

Who is Subject to the Requirement?

Not all J-1 Exchange Visitors are subject to the requirement. If the J-1 is subject, all J-2 dependent family members are also subject. Three criteria determine subjectivity to the home residence requirement:

1. Funding Source
   If the J-1 exchange visitor received any direct government funding from either the U.S. government or from the home government at any time during the J-1 program. The J-1 is also subject if he/she received indirect government funding through a binational commission or international agency (for example, Fulbright or the U.N.). If the funding comes only from indirect government funding through the university, the J-1 exchange visitor is not subject, unless the grants were specifically targeted for international exchange.
2. Exchange Visitor Skills List
   If the J-1 exchange visitor's country is included in the "Skills List" and if the area of specialization during the J-1 program is listed for that country. OISS has a copy of the Skills List. Unless it is clear, a letter may need to written to the State Department to obtain an advisory opinion.
3. Medical Education or Training
   Foreign medical graduates who came to the U.S. or acquired J-1 status to obtain graduate medical education or training are subject.

CAUTION
Government agency officials may have marked documents indicating whether or not the J-1 exchange visitor is subject to the two-year home country requirement. First, the J-1 visa page in the passport may contain a stamp: "This person is/is not subject to Section 212(e). Section 212(e) does/does not apply." Second, the bottom left-hand corner of the DS-2019 may be notated.

These documents are often marked erroneously. If any of the three criteria listed above apply, the J-1 exchange visitor is subject to the requirement, regardless of what is marked on the documents. An advisory opinion may need to be obtained from the State Department to clarify the situation.

Applying for a Waiver

It may be possible for the J-1 exchange visitor and J-2 dependents to obtain a waiver of the two-year home residence requirement. The process depends on many factors and can take from three to twelve months or longer to complete. All requests are submitted to the State Department which recommends the waiver and then US Citizenship and Immigration Services (USCIS) generally approves the waiver. Caution: Once the State Department has recommended a waiver request, extensions or transfer of the J program may not be possible.

There are five methods of obtaining a waiver:

1. Statement of "No Objection" from the Home Country
   This method is used by most J visitors. It is, however, not available to foreign medical graduates who acquired J-1 status to obtain graduate medical education or training. It also may not be successful for those who have received Fulbright grants or substantial U.S. government funding.
2. Interested U.S. Government Agency
   A U.S. federal government agency may apply for a waiver if it can attest that the work of the J-1 exchange visitor is of national significance, that participation in that work is essential, and that complying with the residence requirement would be detrimental to the U.S. national interest.
3. Persecution
   If the J-1 exchange visitor can document that he/she would be persecuted
   upon return to the home country or last legal residence because of race, religion or political opinion, a waiver may be possible.
4. Exceptional Hardship to a U.S. Citizen or Permanent Resident Spouse or Child
   If the J-1 exchange visitor can document that returning home would cause exceptional hardship to his/her U.S. citizen or permanent resident spouse or child, a waiver may be possible.
5. Request by a Designated State Department of Health
   Available only to medical doctors.

For current procedures on how to apply for a waiver please go to http://travel.state.gov/visa/temp/info/info_1296.html

For more information or to guide you through the process please schedule an appointment with a scholar advisor at OISS.

J-1 Program Provisions

Limitations of Stay for various categories : Maximum program duration for Professors and Research Scholars is 5 years, for Short-term Scholars is 6 months, and for Specialists is 12 months.

Program Extension : If you need additional time to complete your research or teaching, subject to time limitations of your category, please apply for program extension at least one month prior to the expiration date of your DS-2019 form. To apply for extension, you must submit a Request for DS-2019 form signed by the Department Chairperson and your faculty supervisor and indicate your financial support for the requested period.

Change of Category : Once you have entered the country in a specific category, i.e. short-term scholar, you cannot change to another category, i.e. professor/research scholar or student within the U.S. You would need to leave the U.S. and re-enter with a DS-2019 form issued specifically for a new program.

Grace Period : Upon termination of your program you may remain in this country for up to 30 days but you cannot work during the grace period.

Early Completion : Notify OISS if you decide to complete your activity early, before the expiration date on your DS-2019 form.

12 and 24 months bars: These provisions only apply to Research Scholar/Professor category.

12 months bar applies to the exchange visitor who was in the U.S. in the preceding 12 months as a J-1 student, or as a J-2 dependent. He/she is not eligible to begin a new program in a research scholar/ professor category until 12 months is completed. For example, someone who was in the U.S. as a J-1 student from January 2002 to December 2004, would need to wait 12 months, till January 2006 before being eligible to return to the U.S. as a J-1 research scholar/ professor.

24 months bar applies in situations when someone who came as a Research Scholar/Professor to U.S. would like to return in the same category as Research Scholar/Professor. He/she would need to wait 24 months before being able to do so.

As mentioned above these 12/24 months bars apply only to Research Scholar/Professor category; the person subject to bar could still return as a J-1 Short-term Scholar or J-1 Specialist or in other visa category such as H-1B, or B-1/B-2.

Program Transfer : Transfer to another university may be possible if it's agreed upon between sponsors and meets certain conditions such as time limitations and category restrictions. Transfer must be approved and coordinated prior to the exchange visitor moving on to another institution. Please talk to Susan Bender or Elizabeth Adamska if you are considering to transfer to another school.

Employment : You are authorized to work for UNR only. Under certain conditions you may be paid an honorarium for occasional lecture, short term consultation, research done at another institution or conference expense, provided you have obtained an approval from UNR ahead of time. Please contact OISS prior to accepting such offer to find out what you need to do to secure such approval.

2-year Home Residency Requirement : Some exchange visitors are subject to section 212(e) which requires them to return to their home country for two years upon completion of their program. In some circumstances it is possible to obtain a waiver from this requirement. For more information on this topic please go to http://www.unr.edu/oiss/j1residency.html.

Dependents: Spouses and children of J-1 visitor are eligible for J-2 status. If you would like your dependents to come to the U.S. , please contact OISS about obtaining DS-2019 forms for your family members. J-2 dependents are eligible to work in the U.S. after securing permission from the Department of Homeland Security. Information about how to apply for work authorization by J-2 dependents is available at OISS website. J-2 holders are allowed to study either full-time or part-time without changing to student status (F-1 or J-1).

Maintenance of Status: To remain legally in the U.S. you need to meet the following conditions:

• Maintain valid DS-2019 form. Please pay attention to the program end date listed in point 3. Apply for program extension one month prior to the expiration date of your DS-2019 form if you need additional time to complete your research or teaching.
• Keep your passport valid.
• Maintain health insurance for yourself and dependents throughout the program.
• Conduct activities consistent with your program category. Employment is allowed at UNR only. Please discuss with OISS if you are considering any other options.
• Report address changes to OISS within 10 days of the move.

1. Evidence of Canadian citizenship
2. Letter from the academic department which must state:

• The activity to be engaged in, including a detailed job description
• The anticipated length of stay (up to one year)
• The amount of funding, including benefits
• Confirmation that the position requires a minimum of a bachelor's degree in a specific field of study confirmation of the person’s academic credentials

General Information

Immigration Attorneys

The following is a list of attorneys whose practice emphasizes Immigration Law.  This list is by no means complete; it is published as a service to international students and scholars seeking legal assistance.  It is not meant to be an endorsement or guarantee by OISS.  The choice of an attorney is the responsibility of the individual.  These attorneys practice in California but are qualified to file petitions for people in Nevada.

American Immigration Lawyers Association:  http://www.aila.org/
 

Asian Law Caucus Inc.  720 Market St., 5th Fl.  San Francisco,  CA  94102  (415) 391-1655  http://www.asianlawcaucus.org/	Law Offices of Adam Green  6300 Wilshire Blvd., #1620  Los Angeles, CA  90048  (800) 705-5544  or  (213) 852-6135  Email:  adamgreen@earthlink.net	Law Offices of Daniel Roemer, P.C.  1111 Civic Drive, Suite #380  Walnut Creek, CA  94596-8205  (925) 941-1550  Fax:  (925) 941-1551  Email:  droemer@roemerlaw.com http://www.roemerlaw.com
Berry, Appleman & Leiden  463 Pacific Ave.  San Francisco,  CA  94133  (415) 398-1800  http://www.usabal.com/	Lawler & Lawler  275 Battery St., #2920  San Francisco,  CA  94111-3339  (415) 391-2010	William Stahl  675 North 1st St., #745  San Jose,  CA  95112  (408) 298-0505
Choi & Coran  One Almaden Blvd., #720  San Jose, CA  95113  (408) 293-9800	Jocelyne J. Kim Lew  2055 Woodside Rd., #150  Redwood City,  CA  94061  (415) 369-2055	Strand & Seaborn  260 Calif. St., # 1010  San Francisco, CA  94111  (415) 765-5121
Elliot & Mayock  220 Sansome St., 12th Fl  San Francisco, CA  94104  (415) 765-5111	Edward R. Litwin  1435 Huntington Ave. #336  S.San Francisco,  CA  94080  (650) 588-7100	Van Der Hout & Brigagliano  180 Sutter St., 5th Floor  San Francisco,  CA  94104  (415) 981-3000
Fallon, Bixby, Cheng & Lee 130 Battery Street, 4th Fl San Francisco, CA 94111 Tele:  415/ 781-2338 Fax:   415/ 781-6564 Email:  info@fbcl-visa.com  http://www.fbcl-visa.com	William May  57 Post St., #907  San Francisco,  CA  94104  (415) 781-0574	Weaver and Schelenger  550 Montgomery St.,  #650  San Francisco, CA 94111  (415) 395-9331
Finnan, Fleischut and Assoc.  3030 Hansen Way, #120  Palo Alto, CA 94034  (650) 493-5790	McVey, Mullery & Assoc.  550 Montgomery St., #550  San Francisco,  CA  94111  (415) 781-1001	Wu Jon Law Corporation  126 Post St. #400  San Francisco, CA 94108  (415) 398-0134
Int'l Inst. of East Bay  297 Lee Street  Oakland,  CA  94610  (510) 451-2846	Cooley Godward  1 Maritime Plaza, #2000  San Francisco,  CA  94111-3580  (415) 693-2000	Yonemura, Yasaki, and Baizer  405 14th St., #1215  Oakland,  CA  94612  (510) 465-7300
Jackson & Hertogs  170 Columbus Ave., #400  San Francisco,  CA  94133  (415) 986-4559  http://www.jackson-hertogs.com/	Fragomen, Del Rey & Bernsen  88 Kearny St., #1700  San Francisco, CA 94108  (415) 986-1446  http://www.fragomen.com/	Gamboa & Stovall 200 Ridge Street, Suite 200 Reno, Nevada  89501-2014 (775) 329-4111 Fax:  (775) 329-5912
Helen Hui  456 Montgomery St., #700  San Francisco,  CA  94104  (415) 781-8251	Nora Privitera  391 Sutter St., #515  San Francisco, CA  94108  (415) 781-5750	Richard Fleisher 227 Clay Reno, Nevada  89509 (775) 348-0780
	Simmons, Ungar, Helbush,  Steinberg & Bright  909 Montgomery St., #303  San Francisco,  CA  94133  (415) 421-0860	Law Offices of Paul M. Heller 473 Pine Street, 4th Fl. San Francisco, CA  94104 (415) 291-8000 http://www.greencard1.com

Visa and Travel

H-1B applicants - To apply for an H-1B visa you must have the original I-797 approval notice for UNR, and a current letter from your department confirming your employment here. You should also have a copy of Labor Condition Application (LCA) which you have received from OISS and copies of your educational credentials. Visa requirements vary from country to country! Before you leave the U.S., please inquire at the American Consulate where you will be applying, what documents you need to bring to your appointment. Upon your return to U.S. please bring back the original I-797 notice to OISS and provide us with copies of your visa and I-94 card.

J-1 applicants should have the original DS-2019 form signed for travel, a letter from the department confirming the employment and type of research conducted at UNR, proof of funding, and a proof of payment of SEVIS fee (first time applicants only). The fee can be paid on line at http://www.fmjfee.com .  

For consulate contact information please go to http://usembassy.state.gov/ . General information about visa services, DS-156 visa application form and other visa forms can be obtained at http://travel.state.gov/visa/frvi/forms/forms_1342.html . All applicants should try to schedule visa appointment ahead of time and allow sufficient time for security background checks carried out with every visa application. Visa processing times vary from post to post and may take anywhere from one to eight weeks.

Please keep in mind the U.S. State Department strongly recommends that you apply for a visa in your country of origin. However, if this is not possible, you may be able to schedule an appointment in another country. If you chose this option, you need to make sure that the U.S. consulate there will accept “third country applicants”, and be prepared to wait until your visa is issued. 

Visa appointments in Canada or Mexico can be scheduled on line at www.nvars.com or by calling 1-900-443-3131. There is a charge to schedule an appointment.
Special Note: Effective April 1, 2002, if you apply for a visa in Canada or Mexico and are DENIED the visa, you will not be able to re-enter the United States under “Automatic Visa Revalidation.”

Travel: In order to re-enter the U.S. you must have a valid passport, I-94 card, valid visa stamp, a recent pay-stub or current letter of employment, original DS-2019 form signed for travel if you are J-1(J-2) visitor and I-797 notice if you are H-1B (H-4) holder.  
A valid U.S. visa stamp is not required if you are going to Canada or Mexico (H and J visitors) and contiguous territories (J visitors only) for a period of less than 30 days. This is known as “automatic visa revalidation provision”. If you use this procedure, please do not surrender your I-94 card upon departure.

Caution: citizens of Iraq, Iran, Syria, Libya, Sudan, North Korea and Cuba are not eligible to use this provision. In addition, “automatic visa revalidation” does not apply if from Canada you then travel to another country i.e Germany and return to the U.S. via Canada.  

Please keep in mind that you may need an entry visa to travel to other countries. Contact the embassy/consulate of the country you are planning to visit for the required entry documents.  Contact information for foreign embassies in the U.S. is available at http://www.state.gov/ .

U.S. VISIT Program is a new procedure implemented by the Departments of Homeland Security and State which affects all non-immigrant visitors to the U.S. The program consists of collecting the visitors’ biometrics (digital fingerprints and photographs) at the time of visa application and then, at the ports of entry and departure. At this point of time the process is in place for all consulates and ports of entry but only at some ports of departure. If you are leaving from an airport which has these procedures in place i.e. San Francisco, Denver, Chicago, Seattle, you are required to confirm your departure using U.S. VISIT booth. Your check-out will include the scanning of your passport/visa and fingerprints. Eventually all international airports will have U.S.VISIT departure booths. More information on U.S. VISIT Program can be accessed at www.dhs.gov/us-visit.