J-1 Visa Holder Policy

Basis for Policy

The J-1 visa category is used by foreign students and professors and research scholars participating in Exchange Visitor Programs. Persons in the United States on a J-1 visa are employable under U.S. immigration law, although certain restrictions apply.

For information about the J-1 visa category, including the applicable employment restrictions, see J-1 Visa Category: Students and J-1 Visa Category: Professors and Research Scholars.

Policy

Where SUNY is the program sponsor, the Research Foundation may employ a J-1 visa holder when designated as a financial source on Form IAP-66, the Certificate of Eligibility for Exchange Visitor Status].

When the Research Foundation is not designated on the DS-2019, a J-1 visa holder can be employed by the Research Foundation only if he or she is

a student
- in practical training or
- demonstrating economic necessity.
a professor or research scholar who has first obtained approval in writing from the responsible officer and whose proposed employment
- is directly related to the objectives of the exchange visitor program,
- is incidental to the primary program activities, and
- will not delay the completion of the exchange visitor program.
Operating locations must have a procedure for monitoring status and ensuring employment eligibility.

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