International scholars who obtained J-1 visas for professors/research scholar/short-term scholar categories are invited to come to the U.S. to engage in teaching and research.
J-1 visiting scholars may wonder if they can engage in teaching at different universities other than the one that issued Form DS-2019 to them.
Let’s look at the case scenario and see what J-1 immigration regulations say about J-1 visa scholars teaching at a different university.
Contents
- Case study scenario
- Answers based on the regulation
- The definition of the occasional lectures or consultations
- The process of getting authorized
Case study scenario
Q: I got to know that an internationally renowned scholar is currently teaching at the A University which is 10 minutes away from our university. Can we might as well host the scholar and have him/her teach course Z just for one semester?
Answers based on the regulation
Let’s dive right into the regulation.
First of all, according to the immigration regulation 8 CFR 274a.12(b)(11), J-1 visiting scholars are only allowed to be employed by the exchange visitor program sponsor, which is the institution that provided the Form DS-2019.
In terms of Fulbright Scholar fellows, they can be employed by the designated university only.
(11) An exchange visitor (J-1), pursuant to §214.2(j) of this chapter and 22 CFR part 62. An alien in this status may be employed only by the exchange visitor program sponsor or appropriate designee and within the guidelines of the program approved by the Department of State as set forth in the Form DS-2019, Certificate of Eligibility, issued by the program sponsor;
8 CFR 274a.12(b)(11)
Second of all, regulation 22 CFR 62.20(g) states that “occasional lectures or short-term consultations” may be allowed. If this is something you may be interested in, continue to scroll down to take a closer look at the definition of “occasional lectures or consultations.”
Professors and research scholars may participate in occasional lectures and short-term consultations, if authorized to do so by his or her sponsor.
22 CFR 62.20(g)
The definition of the occasional lectures or consultations
Based on the J-1 visa rules, here is the list of criteria for engaging in occasional lectures or short-term consultations for J-1 visiting scholars:
- The position must be “directly related to the objectives of the exchange visitor’s program“; AND
- The position must be “incidental to the exchange visitor’s primary program activities“; AND
- It must “not delay the completion date of the exchange visitor’s program“; AND
- It must “be documented in SEVIS“
Following the guidance, J-1 visiting scholars who are approved to teach at/consult the third party, the location of the site where the activities take place must be entered into the SEVIS.
The process of getting authorized
Any J-1 visiting scholars who would like to engage in employment opportunities at a third party that meets the “occasional lectures or short-term consultations” requirement, can follow the procedures below:
- The J-1 visiting exchange scholar must present “a letter from the offeror setting forth the terms and conditions of the offer to lecture or consult, including the duration, number of hours, field or subject, amount of compensation, and description of such activity;” AND
- “A letter from the exchange visitor’s department head or supervisor recommending such activity and explaining how the activity would enhance the exchange visitor’s program.”
From there, the Responsible Officer (usually a professional staff at the International Scholar Services Office) must review the letters and make a “written determination whether such activity is warranted, will not interrupt the exchange visitor’s original objective, and satisfies the criteria.”
To sum up, J-1 visa professors or researchers who would like to engage in teaching or research at a third party other than the college that issued Form DS-2019 must establish the case that the position meets the regulations.
Given that the case is strong enough for (A)RO (Responsible Officer; J-1 scholar advisor), and the scholar provided all the required documents, J-1 scholars will be able to receive a new Form DS-2019 that shows the approved employment authorization.
To learn more about the J-1 visa rules, check out the J-1 visa page.
