Inviting Foreign Visitors for J-1 Exchange Programs
Departments wishing to invite a visiting foreign scholar for an exchange program at New Mexico State University must go through an application process with the assistance of the International Student and Scholar Services (ISSS). You and your Exchange Visitor (EV) will be asked to provide information regarding the EV’s activities, the EV's qualifications for the program, and the EV's source of funding. The information that you provide will be used to issue a form DS-2019. This is the immigration form that the EV will use to apply for a J-1 Exchange Visitor Visa.
1) To start the process, please email the NMSU ISSS Team at isss@nmsu.edu. Please use J-1 Exchange Visitor Request in the subject line. Please include the following information in the email:
- Full legal name of prospective Exchange Visitor
- First and last name of the professor making the request
- Name of the sponsoring department
2) The NMSU ISSS Team will reply to the email. The J-1 Exchange Visitor Application will be attached. Dr. JoAnne Dupree of Export Control will be copied on the email. Dr. Dupree will send the Export Control Questionnaire that needs to be completed, returned to Dr. Dupree, and approved by Dr. Dupree before the ISSS Team can process the J-1 Exchange Visitor Application.
3) The Host Department and Exchange Visitor (EV) candidate complete the DS-2019 application together. Doing so has two primary purposes: 1) Ensuring both parties participate in designing the program, and 2) Helping to gather the details that Immigration requires.
4) The sponsoring department emails the completed and signed DS-2019 Application to the NMSU ISSS Team using the same email thread in which the original request was made. We recommend you submit your DS-2019 Request Form at least 3 months before the EV’s program start date. This gives you time to plan, ISSS time to process the paperwork, and EV time to obtain the J-1 visa.
5) The NMSU ISSS Team will email the DS-2019 form to the EV applicant and instructions regarding the application process’s next steps. The US Department of State has approved designated sponsors for the Exchange Visitor Program (EVP) to digitally sign and electronically transmit the Certificate of Eligibility for Exchange Visitor Status (J-Nonimmigration) (Form DS-2019)
6) When the EV receives the form, they will Print it, including any J-2 dependent forms (if any), in color and sign them with a blue-ink pen. Do not attempt to sign the forms electronically. The EV must provide a wet signature in blue ink on each form. The EV must do the following:
- Pay the SEVIS fee of $220
- Complete visa application forms
- Pay visa application fee of $160
- Attend the visa interview
Inviting a scholar to New Mexico State University is more than a written invitation; it is a commitment. Your department will need to actively collaborate with the scholar during the program and provide an experience that benefits both the scholar and New Mexico State University.
Please take a few moments to learn about the Exchange Visitor Program.
- The Exchange Visitor Program is carried out under the Mutual Educational and Cultural Exchange Act of 1961, as amended. The Act promotes mutual understanding between the people of the United States and the people of other countries through educational and cultural exchanges.
- Sponsors and exchange visitors must comply with the Exchange Visitor Program’s federal regulations. For a successful program, becoming familiar with the governing regulations is essential.
- New Mexico State University is an Immigration sponsor of the Exchange Visitor Program. This means that we are a legal entity that has applied for and received a designation from the Department of State to conduct an Exchange Visitor program.
- According to the Department of State, “The Exchange Visitor Program promotes the interchange of knowledge and skills among foreign and American scholars. It does so by providing foreign scholars the opportunity to exchange ideas with their American colleagues, participate in educational and professional programs, confer on common problems and projects, and promote professional relationships and communications.” [22 CFR. 62.21]
- While at NMSU, EVs must have a structured, supervised program in close collaboration with the sponsoring department. (The Exchange Visitor Program is not meant for visitors who simply wish to use NMSU facilities to accomplish their objectives for projects at home.)
- Exchange Visitors (EVs) need a J-1 Visa to enter the United States. There are several J-1 visa categories. New Mexico State University has permission to host the following:
- 1) Non-degree-seeking student,
- 2) Degree-seeking student,
- 3) Short-term scholar,
- 4) Research scholar, and
- 5) Professor
- The appropriate category for an Exchange Visitor (EV) depends on the objectives and activities of the EV’s program. Please note that J-1 “students” have different objectives than J-1 “scholars.” Exchange-Visitor-Program-Category-Requirements.pdf (state.gov)
- Most often, NMSU departments invite people in the categories of Research Scholar, Professor, Specialist, and Short-term Scholar. As participants in these program categories, foreign professors and scholars will research, teach, observe, and lecture with their American colleagues.
- IMPORTANT: People invited in these categories must be researchers or professors at home or have similar expertise and qualifications. At the very least, they must have earned a bachelor’s degree.
- International Student and Scholar Services at NMSU are authorized to create the Certificate of Eligibility DS-2019 form that candidates need to apply for the J-1 Visa.
- SEVIS is a web-based system that keeps track of visitors in the United States. SEVIS is administered by a division of Immigration and Customs Enforcement, the largest investigative arm of the Department of Homeland Security. NMSU advisors are required to use SEVIS to enter information about international visitors.
- The EVs should be in contact with ISSS for SEVIS updates before and after they arrive. SEVIS is the system used to create the DS-2019 form.
- While International Student and Scholar Services are not employed by the Departments of State or Homeland Security, they must obey Immigration laws to administer the J-1 program.
- Insurance: All J-1 Exchange visitors are required by the federal government to have health insurance.
The U.S. Department of State mandates that all J-1 scholars and their J-2 dependents have specific types of health insurance for the entire time they are in the U.S. Not having insurance or failing to maintain it subjects the visitor to deportation. [22 CFR 62.14]
A summary of the minimum insurance requirements appears below:
- “Medical Evacuation” up to $50,000 (to cover transportation costs back to home country in the event of severe illness or injury)
- “Repatriation of Remains” up to $25,000 (to cover transportation costs back to home country in the event of death)
- Medical benefits of at least $100,000 per accidental/illness (insurance should cover both emergency AND non-emergency illnesses and accidents)
- Deductible of no more than $500
- Covers any 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 USIA or is backed by the full faith and credit of the Exchange Visitor’s government.
Host Department's Responsibilities
New Mexico State University has various responsibilities when hosting Exchange Visitors. Please read them below. You will want to remember this information as you design and conduct your program
To ensure that the program is suitable, the host department must ensure that:
- Participants’ backgrounds, needs, and experiences are appropriate for the activities to be pursued at NMSU, and they meet the eligibility criteria for the selected immigration category.
- Sponsors must ensure that their participants are sufficiently proficient in English to participate in their exchange programs before they enter the United States.[ 22 CFR 62.10(a)(2)]
As you design the program, please keep in mind that it is impossible to change the objectives after you receive the visa (because the visa was granted based on the original information provided to the U.S. Embassy or Consulate). Therefore, please take the time to plan the program carefully before immigration documents are created.
The host department must determine whether the scholar’s command of English is sufficient to accomplish the activities of the exchange program. You must also ensure the EV has appropriate academic credentials for the category and program.
The Exchange Visitor’s program must be pre-planned and arranged so that scholars are engaged full-time and have specific objectives. This means they are busy with research or teaching activities for at least 35 hours a week performing the activities that you described in this application.
Sponsors are required to monitor their participants' progress and welfare and ensure that their activities are consistent with the program category identified on the participants' DS-2019.
The Host Department is responsible for regularly monitoring and collaborating with Exchange Visitors, ensuring that the program’s goals are being met and that the scholars are doing what they were invited to do.
The host department (not any third party who may have initially invited the EV) is ultimately responsible for arranging the EV’s program and ensuring that the EV carries out the program's goals and objectives.
Exchange Visitors must complete most of their program on an NMSU University campus, not in another city or location.
The host department’s responsibility is to help the scholar find housing, tour the campus and community, set up their workspace, help any children register for school, introduce them to colleagues in your department, and allow the scholar to experience American life and culture.
All program categories require sponsors to provide their participants with 24-hour emergency contact information. EVs should not hesitate to contact ISSS if they need assistance.
Employment for scholars is very limited, so departments and scholars must know what limits Immigration has placed on employment opportunities for those in J-1 status.
Suppose a researcher or professor performs a service (such as giving a presentation) and receives anything in return (such as cash, an honorarium, free lodging, free car rental, free airfare…. ANYTHING for free). In that case, Immigration sees this as “repayment” for services rendered, and therefore, it constitutes “employment.” This applies whether the NMSU host department or an outside organization wishes to provide the scholar with some kind of payment or repayment.
Since payment or employment opportunities are very limited for scholars, extra care must be taken. To engage in such activities, Exchange Visitors must receive a permission letter from their Immigration sponsor (the International Student and Scholar Services at NMSU) before they do anything that might constitute employment.
- This written pre-approval is necessary for the scholar to remain in good legal standing with Immigration. Not receiving prior written permission can result in severe consequences for the scholar and University, including termination of the scholar’s program (and possibly the loss of NMSU permission to host future Exchange Visitors)
The International Student and Scholar Services at NMSU is always glad to answer questions to help keep the scholar in good standing with immigration. Still, it is ultimately the EV’s responsibility to know and follow these laws.
Sponsors must inform their participants about the program and related matters before leaving their home countries for the United States. Sponsors must also provide participants with specific program information and any contractual obligations relevant to their program category. For details, please refer to the regulations. [22 CFR 62.10(b)(1-9]
Sponsors must offer appropriate orientation for all participants and are encouraged to offer orientation to the participant's family (J-2 spouses and dependents), especially those expected to remain in the United States for at least one year. For details, please refer to the regulations. [22 CFR 62.10(c)(1-9)]
The scholar will be invited to attend an orientation session with the ISSS Team after the scholar arrives. Please send an email to isss@nmsu.edu to schedule an orientation session. Please indicate J-1 Check-In and Orientation Request in the subject line.
Sponsors must require their participants to provide current contact (address and telephone number) information and maintain it in their files.