Current J-1 Scholar Advising

• The Georgia State host department must write a letter supporting the extension request.
• The letter must be on university letterhead and include the following information:
• Dates of the requested extension period (MM/DD/YYYY - MM/DD/YYYY)
• Reasons more time is needed in order to complete the original program objective and why the objective could not be completed within the original period
• Description of the activities in which the J-1 scholar will engage
• Funding/salary to be provided by Georgia State (if applicable)
• If funding/salary provided by Georgia State, the research/academic job title the scholar will hold (ex: Postdoctoral Research Associate, Limited-Term Researcher).
• Please note that temporary professional or classified staff titles are not eligible for J-1 scholar sponsorship.

Evidence of sufficient funding for the J-1 scholar and all J-2 dependents must be provided and uploaded in PDF format.

The J-1 scholar must provide documentation showing proof of current health insurance coverage for him/herself and all J-2 dependents that meets all of the following requirements, as mandated by U.S. law. (LINK on bolded terms) 

J-1 professors and research scholars may participate in occasional lectures and short-term consultations outside of Georgia State, if permission has been given by ISSS. Such lectures and consultations must be incidental to the exchange visitor's primary program activities. If wages or other remuneration are received by the exchange visitor for such activities, the exchange visitor must act as an independent contractor for tax purposes. This means that payments may be fully taxed.

Although occasional lectures and consultations may be authorized, examples of work that would NOT be authorized are listed below:

• Employment for which the scholar has expertise but does not fall under the purposes of the program (Example: A Spanish-speaking scholar in history, conducting research in the history department, who wishes to be paid to teach Spanish language classes, may not do so because the scholar's program is in the field of history, not Spanish language).

• Any type of on-going employment with an entity outside of Georgia State that could not be considered occasional or short-term.

J-1 scholars who wish to engage in incidental employment off of Georgia State's campus must submit the following documents BEFORE accepting the employment opportunity:

1. A letter from the institution that is offering you the employment opportunity.  This letter must fully describe the terms and conditions of the offer, including:  description of the activity; duration of employment (MM/DD/YYYY - MM/DD/YYYY); number of hours; field or subject of employment; amount of payment or financial compensation; a statement confirming that the J-1 scholar will be paid as an independent contractor for tax purposes
2. A letter from the Georgia State host department/faculty, recommending the activity and explaining how it enhances the scholar's program at Georgia State.

The J-1 scholar may NOT engage in employment until written authorization has been provided by International Services.

One month prior to the expiration of the Exchange Visitor’s DS-2019 an email will be sent to the active scholar.

The email will direct the recipient to the Scholar Departure e-form in iStart. This e-form will collect necessary information, such as the visitor’s flight itinerary. A survey will also be sent to the Exchange Visitor which provides an opportunity to give feedback on their time at Georgia State.

Grace Period

Upon completion of a J1 program, Exchange Visitors are allowed a 30-day grace period. During this time travel within the U.S. is permitted; however, the Exchange Visitor must depart the U.S. on or before day 30.

NOTE: An Exchange Visitor cannot depart the U.S. and re-enter in J1 visa status during the 30-day grace period following completion of their program.

12-Month Bar (22 CFR 62.20(d)(ii)):

Applies to any Exchange Visitor seeking new J-1 Research Scholar or Professor status and who was physically present in the United States in any J-1 or J-2 status for 6 months or more during the 12-month period immediately preceding the start date of the newly-requested program. The Exchange Visitor is not eligible for the J-1 Professor or Research Scholar categories if this is the case; however, s/he may be eligible for the J-1 Short-Term Scholar category.

Does not apply to participants transferring to Georgia State from another J-1 program or to participants previously in the U.S. in J-1 Short-Term Scholar status. Visitors subject to the 12-month bar cannot begin a new program as a Research Scholar or Professor until 12 months have passed since they were physically present in the U.S. in any J status. However, they may be eligible to come as J-1 Short Term Scholars or on other visa types.

24-Month Bar (22 CFR 62.20(i)(2):

Applies to any J-1 Professor or Research Scholar with previous program completion on or after 11/18/2006.  An Exchange Visitor is not eligible for repeat participation as a J-1 Professor or Research Scholar for a period of 24 months following completion of a previous Professor or Research Scholar program. The 24-month clock begins on the day following the date on which the individual's previous SEVIS record is made Inactive due to program completion.

The intent of the requirement is to have the home country benefit from the Exchange Visitor’s experience in the United States. Exchange Visitors come to this country for a specific objective such as a program of study or a research project. The requirement is to ensure that they will spend at least two years in their home country before coming back to the United States for a long-term stay.

If you are subject to the requirement, then, until you have “resided and been physically present” for a total of two years in either your country of nationality or your country of last legal permanent residence, you are not eligible for:

• An H, K, L or immigrant visa, or for H, K, L or immigrant status in the United States. An immigrant is the same as a permanent resident or holder of a “green card.”
• A change of your status, inside the United States, from J to any other nonimmigrant classification except A or G.

• your J-1 participation is or was funded in whole or in part, directly or indirectly, for the purpose of exchange, by your home government or by the United States government
• as a J-1 Exchange Visitor, you are acquiring a skill that is in short supply in your home country, according to the United States government’s Exchange Visitor Master Skills List
• you have participated as a J-1 in a graduate medical education or training program (i.e. a residency, internship, or fellowship) sponsored by the Educational Commission for Foreign Medical Graduates
• you are the J-2 dependent of an Exchange Visitor who is subject to the requirement
• you have ever been subject to the requirement in the past and have neither obtained a waiver nor fulfilled it by spending two years in your home country or country of last legal permanent residence (your previous subjectivity still holds if not fulfilled, even if a more current Form DS-2019 reflects no basis for such a requirement.)

The visa stamp in your passport, or your Form DS-2019 or both, may show an indication by a consular officer that you are or are not subject to the requirement. These indications are usually accurate but are not legally binding. Even though these endorsements are not final, U.S. Citizenship and Immigration Services (USCIS) usually accepts these indications that the Exchange Visitor is subject.

If you are unsure whether you are subject…

1. Consult your Georgia State J-1 advisor in International Student and Scholar Services. Be sure to take your passport, all copies of current and previous Forms DS-2019, your l-94 Departure Record card, and copies of prior l-94 cards if they are available. Your J-1 advisor can often tell from the source of funding, or the Exchange Visitor Skills List, whether the requirement applies or not.
2. If you are still uncertain, you might consult an attorney. Make sure that you talk to an immigration specialist, preferably a member of the American Immigration Lawyers Association. In selecting an attorney a personal recommendation is best, but if none is available, call the local chapter of the American Bar Association for a referral.
3. If you prefer not to see a lawyer or are still uncertain, your J-1 Responsible Officer at Georgia State can request an advisory opinion from the U.S. Department of State (USDOS). For more information, please contact ISSS.

There are four grounds for waiver of the requirement:

1. Exceptional hardship to your spouse or unmarried minor child who is a citizen or permanent resident of the United States. If, for example, you had a child who was born in the United States and was therefore a citizen of this country and if the child had a serious medical condition that could not be treated in your country, you might obtain a waiver because the child would suffer hardship by going there with you to live.
2. Fear of persecution on account of race, religion or political opinion
3. Interest of a United States government agency (only applies to alien physicians).
4. A “no objection” statement from your home country's government. Your country’s embassy in Washington, DC can submit a no-objection statement to the U.S. Department of State through diplomatic channels.

Waiver Request/Approval and J-1 Program Extension

An extension of the J-1 program may be obtained while a waiver request is pending, as long as you are within the maximum period of duration for your J-1 program category. However, if and when you receive a favorable recommendation or approval of the waiver, you are no longer considered by USDOS to be eligible for further extension, although you may complete the current J-1 program period. For this reason, you should time your application after your program has been extended to the maximum time available and while there is still plenty of time remaining in the program in case of delays in the waiver procedures.