International Scholars, Faculty & Other Employees
J-1 Exchange Visitor Program
On August 28, 1989, Loyola Marymount University received temporary designation as a sponsor of the J-1 Exchange-Visitor Program in accordance with the administrative regulations issued under the Mutual Educational and Cultural Exchange Act of 1961 (Public Law 87-256, also known as the Fullbright-Hays Act.) The J-1 Exchange-Visitor Program is administered by the U.S. Department of State.
Through the efforts of the Office for International Students & Scholars (OISS), LMU received permanent designation as a J-1 Exchange-Visitor sponsor on October 18, 1991. On November 26, 2001, LMU received approval of its redesignated J-1 program under the following description for five years:
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A program of Loyola Marymount University to provide courses of study, lecturing, and research opportunities in the various fields of instruction and research conducted by Loyola Marymount University for qualified foreign students, professors, research scholars, short-term scholars, and specialists to promote the general interest of international education and cultural exchange. |
Exchange Visitor Categories
LMU hosts Exchange Visitors in the following categories:
- Professor - An individual concerned primarily with teaching, lecturing, observing, or consulting. J-1 Professors may also participate in departmental research. If the Exchange Visitor will be here primarily to conduct research the Research Scholar category is more appropriate, even if the individual is a professor in his or her home country.
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3 weeks - 5 years |
- Research Scholar - An individual concerned primarily with conducting research, observing, or consulting in connection with a research project. The Research Scholar is allowed to teach or lecture.
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3 weeks - 5 years |
- Short-term Scholar - A professor, research scholar, specialist, or a person with similar education or accomplishments coming to the United States on a short-term visit for the purpose of lecturing, observing, consulting, training, or demonstrating special skills.
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Maximum of 6 months |
- Specialist - An individual who is an expert in a field of specialized knowledge or skill coming to the U.S.A. for observing, consulting, or demonstrating special skills.
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Maximum of 1 year |
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Implementing the 5-Year J Professor/Research Scholar Rule, effective as of Nov. 18, 2006
On May 19, 2005, DOS published a final rule to implement key changes to the Exchange Visitor regulations affecting the J Professor and Research Scholar categories. The major changes include:
- The maximum period of participation for J Professors and Research Scholars will be raised from three years to five years. The five-year period is not an aggregate of five years. It is a continuous five-year period given to a participant on a “use or lose” basis.
- A new 24-month (two-year) bar on repeat participation in the J Professor or Research Scholar categories will be instituted for those who complete their program participation.
According to DOS, an individual who has participated in the Exchange Visitor Program as a professor or researcher becomes subject to a two-year bar on “repeat participation” in those categories under two circumstances:
- If the exchange visitor completes a full five years of program participation with one or more sponsors; or
- If the exchange visitor completes a particular exchange visitor program, and the SEVIS record becomes Inactive before the full five-year period is over. In this case, the five-year window is “closed,” the individual is not eligible to access the remaining unused time, and the individual must wait for two years before beginning a new program as a J professor or research scholar.
The second circumstance would subject the participant to the two-year bar regardless of how much time he or she spent on the program.
In other words, in order to access a full five years of eligibility, the SEVIS record would have to be kept active. If not, the window would be closed, and the participant would be subject to the two-year bar. For example, a J Professor that comes for a single academic year of nine months, or a Research Scholar that comes for four months, and then goes home without having his or SEVIS record kept open and Active in his absence, would not be able to access the remainder of the five-year period of eligibility, and would be subject to the two-year bar; i.e., that individual could not return to the United States as a professor or research scholar at any institution until two years after the last program ended.
It is important to note that the 24-month bar does not prevent an individual from entering the US as a student, short-term scholar, specialist on J visa, or other visa types (e.g. F, H, B, etc.) provided the individual is eligible for such visa types. The Exchange Visitor regulations have not changed for J short-term scholars, specialists, and students.
NOTE: While the 5-year eligibility rule remains in effect, the U.S. Department of State, Homeland Security and other interested agencies are involved in clarifying several issues pertaining to this change. OISS will update as soon as these matters have been fully clarified.
Two Year Home Residence Requirement
In certain cases, an Exchange Visitor may be subject to the Two Year Home Residence Requirement based on the following conditions:
- if the EV's financial support comes totally, or in part, from the U.S. government, the home country government, or certain international organizations (i.e. WHO, UNICEF, PAHO, etc.); or
- if the EV's field of specialization and home country are included on the Exchange Visitor Skills List. This list includes countries which have shortages of trained professionals in specific fields of specialization.
- if the EV is pursuing a graduate medical fellowship sponsored by the Educational Commission of Foreign Medical Graduate (ECFMG).
If an EV is subject to the Two Year Home Residence Requirement, the EV must return to his/her country of permanent residence for a period of 2 years upon completion of the program at LMU. Only when the two year requirement is fulfilled, can an EV be eligible to apply for H-1B visa or permanent residence. EVs, who are subject to this requirement and who wish to change the status to H-1B or permanent residence, must obtain a waiver of this requirement.
The U.S. Embassy or Consulate makes a determination at the time of visa issuance, and the USCIS acting on behalf of the U.S. State Department determines the applicability of this requirement to an EV's program upon entry into the United States.
Mandatory Health Insurance Requirement
The U.S. Code of Federal Regulations governing Exchange Visitor Programs (22CFR514.14) require that the EV and his/her dependent(s) obtain health, accident, medical evacuation and repatriation of remains insurance. A qualifying insurance policy MUST provide:
- medical benefits of at least $50,000 per accident or illness
- repatriation of remains in the amount of $7,500
- expenses associated with the medical evacuation of the exchange visitor to his or her home country in the amount of $10,000
- a deductible not to exceed $500 per accident or illness
The insurance policy must be underwritten by an insurance corporation having an A.M. Best rating of “A-“ or above, an Insurance Solvency International, Ltd. (ISI) rating of “A-“ or above, a Standard & Poor’s Claims paying Ability of “A-“ or above, a Weiss Research, Inc. rating of “B+” or above, or such other rating services as the State Department may specify from time to time. Insurance coverage backed by the full faith and credit of the government of the exchange visitor’s home country shall be deemed to meet this requirement.
Any exchange visitor who willfully refuses to comply with this requirement shall be considered to be in violation of his/her exchange visitor status. The program sponsor is obligated to inform the State Department of the exchange visitor’s noncompliance.
How to Sponsor an Exchange Visitor
If your department would like to sponsor an Exchange Visitor, please contact OISS with the following documentation: