Scholars
J-1 Exchange Visitor Visa for Non-Degree Personnel
The primary purpose of the J-1 Exchange Visitor visa is to foster the exchange of ideas between Americans and foreign nationals and to stimulate international collaborative teaching and research efforts. The J-1 visa is the easiest and quickest visa to get, but it has certain limitations which must be considered when bringing foreign faculty members and researchers to the University. Additional information on the J-1 Exchange Visitor Visa is available on the U.S. Department of State website (http://exchanges.state.gov/education/jexchanges).
J-1 visas for non-degree personnel at Brandeis University are processed by the International Students and Scholars Office. If you have any questions about J visa sponsorship, please contact David Elwell, Director of the International Students and Scholars Office, by phone (781-736-3480), by fax (781-736-3484), or via email (elwell@brandeis.edu).
Five Year Limit for J-1 Professor or Research Scholar category
Although J-1 students may remain in the U.S. for as long as it takes them to reach their original educational objective (which may include a Ph.D.), J-1 Professors and Research Scholars (categories) are limited to FIVE years (this was increased from three years to five years effective December 2006). Extensions beyond that time are NOT possible. are not routinely granted.
The exchange visitor's appointment must be temporary, even if the position itself is permanent. The individual cannot be a candidate for a tenure-track position.
Please note that under the new regulations governing J-1 Professor and Research Scholar categories, there is a new bar between periods of activity in the U.S. in these categories, regardless if you have used the full Five years allowed. For example, if the exchange visitor has a one-year appointment at Brandeis University as a postdoctoral fellow, then returns home following completion of their activity at Brandeis, they are not allowed to pursue a new activity (say at another institution or a new position/activity at Brandeis) in J-1 Professor or Research Scholar status for at least 24 MONTHS from the end of the first activity.
This new regulatory requirement is quite controversial. While it allows someone to pursue an activity for up to five continuous years, or even transfer to another visa program within that five year program, if the individual completes the activity and returns home, they are not allowed to come back to the U.S. for a new program activity in J-1 Professor or Research Scholar category for 24 MONTHS. They may be allowed to return in a different visa category, so it will be important for the scholar to meet with the ISSO prior to their departure to discuss their longer-term plans.
Two-Year Home Country Physical Presence Requirement
Many J-1 visaholders must return to their home countries upon completion of their appointments for a minimum of two years to fulfill the two-year homecountry physical presence requirement of the visa. The International Students and Scholars Office (ISSO) can predict whether an appointee is likely to become subject to this requirement, which is based upon the appointee's country of legal permanent residence and on the source of the appointee's funding, but the State Department makes the final determination. A J-1 exchange visitor who is subject to the requirement may not change to an H-1B visa, L visa or permanent residence (i.e. Green Card) without fulfilling the home residency obligation, or arranging for a waiver (a process which can sometimes take up to nine months to complete). Information about waivers of the two-year home country physical presence requirement is available on the U.S. Department of State website (http://travel.state.gov/visa/temp/info/info_1296.html)
Health Insurance
As of September 1, 1994, all J-1 visa holders in the U.S. must purchase sickness and accident insurance for themselves and their dependents for the duration of their stay which meets federal requirements set forth by the United States Information Agency. Details of the J visa health insurance requirements is available on the ISSO website (http://www.brandeis.edu/isso/students/J-1/J-1_Health_Insurance.html)
Willful failure to maintain such insurance coverage will lead to the loss of legal status in this country. You may secure an insurance policy from your home country that meets the requirements as long as the company has a U.S.-based service office. Information on health insurance policies from private insurance companies in the U.S. that meet these federal requirements are available in the ISSO. If you will be appointed and paid by Brandeis University, and your appointment is for a period longer than 6 months, you may be eligible for the Brandeis University Employee Health Plan. Please feel free to contact the ISSO if you have any questions.
Work Permission for Spouse
The dependents (J-2 visa-holders) of a J-1exchange visitor may apply to the U.S. Citizenship and Immigration Services (USCIS) for permission to work in the U.S. The application can only be completed after the J-1 and J-2 arrive in the U.S. Please note that the employment must not be needed to support the J-1 visa holder, but rather to provide the J-2 visa dependent the opportunity for professional development (work experience), pay for classes (e.g. English language courses), or to provide supplementary income for non-planned expenses. Information on how to apply for the J-2 work permission is available at the ISSO or on the ISSO website.
Taxes
J-1 exchange visitors are subject to withholding and payment offederal and state income taxes unless they are exempted by a tax treaty between the U.S. and their home countries. They usually are not subject to paying Social Security taxes (F.I.C.A.) for the first two years. Dependents who work are subject to federal and state income taxes and Social Security tax.
Please note that the standard tax rate for foreign nationals who do not have the benefit of a tax treaty is approximately 30% of the U.S. source income.