Visiting Scholars J-1 Visa Holders from Sanction Countries. Impact of Export Controls on Higher Education and Scientific Institutions May 23-24, 2016
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1 Visiting Scholars J-1 Visa Holders from Sanction Countries Impact of Export Controls on Higher Education and Scientific Institutions May 23-24, 2016
2 Today s presenters Frank Calabrese Margaret Gatti Loretta Ann Sabo Introduction
3 J-1 Exchange Visitor Program Objective The Mutual Educational and Cultural Exchange Act (Fulbright- Hayes Act) of 1961; Administered by the US Department of State; to increase mutual understanding between people of the United States and the people of other countries by means of educational and cultural exchanges ; Intended for the temporary exchange of foreign nationals to the US.
4 Common J-1 Scholar Research Categories Professor / Research Scholar: The exchange of professors and research scholars promotes interchange, mutual enrichment, and linkages between research and educational institutions in the U.S. and foreign countries to engage in research, teaching, observing, consulting (in connection with a research project), and lecturing Post-Doc, Visiting Scholar, Visiting Professor
5 Common J-1 Scholar Research Categories Short-term Scholar: To lecture, observe, consult and participate in seminars, workshops, conferences, or other similar types of educational or professional activities; For visits that are no longer than 6 months, no minimum. Doesn t trigger the bars.
6 Common J-1 Scholar Research Categories Student Intern: Coming to the US to participate in an approved student internship program, NOT just to engage in employment ; Currently enrolled and pursuing a degree at an accredited academic institution outside the US, to which they will return. Internship is carried out pursuant to an official Student Intern Placement Agreement (SIPA) Great for Undergraduates
7 Other J-1 Scholar Research Categories Other categories: J-1 Student J-1 Specialist An individual who is an expert in a field of specialized knowledge or skill coming to the United States for observing, consulting, or demonstrating special skills
8 J-1 Sponsorship Considerations J-1 may NOT be used for Staff positions (academic or non-academic) Tenure-track or tenured faculty appointments Interns/Trainees (separate from Student Interns) No clinical activities/training
9 J-1 Sponsorship Considerations Consider the following before hosting a J-1 scholar: Possible bars 12 month, 24 month, 212(e) Cannot change program objectives Spouses are eligible for work authorization Reporting and attestations Adequate Funding
10 Overview of J-1 Process (No Controlled Research) 1) Department submits J-1 Scholar application and including supporting materials to ISSS; 2) ISSS reviews application and, if complete, produces DS-2019 immigration document which it releases to the requesting department 3) Scholar applies for J-1 visa abroad, using DS-2019; 4) Scholar enters the US up to 30 days prior to the DS start date.
11 Overview of J-1 Process 1) Adequate funding; Requirements 2) English proficiency; 3) Department of State Mandated Health Insurance; 4) Most research categories require a Bachelor s Degree (except Student Interns)
12 Overview of J-1 Process Fundamental Research Information resulting from basic and applied research in science and engineering conducted at an accredited institution of higher education in the US that is ordinarily published and broadly shared within the scientific community; Majority of the research carried out by our scholars falls under this exception and is not subject to most export controls; Streamlined review process.
13 Screening of Embargoed Country Nationals ISSS application asks if the scholar is from: North Korea, Sudan, Syria, Iran, and Cuba; Applications for scholars from embargo countries are flagged for Visual Compliance screening. Export Compliance, ISSS, and certain departments have access to Visual Compliance. ISSS will alert Export Compliance; Export Compliance will contact the host department if follow-up is necessary or else give the go-ahead for ISSS to move forward.
14 Embargoed Countries (cont d) The host department is in the best position to help with a compliance check; We caution that the process may take a little longer and vigilance and prompt responses to any requests; Warn that consulates have the ultimate decision over whether or not to issue the visa.
15 Foreign Scholars Basic Groups H-1B Temporary Worker J-1 Exchange Visitor TN NAFTA Professionals O-1 Person of Extraordinary Ability Visiting Scholars: J-1 Visa Holders from Sanctions Countries
16 J-1 Visa Non-immigrant Scope A non-immigrant visa issued by the United States to research scholars, professors and exchange visitors participating in programs that promote educational and cultural exchange (medical or business within the U.S.) Expectation? Return to the home country at the end of the program Visiting Scholars: J-1 Visa Holders from Sanctions Countries
17 The J-1 Exchange Visitor Program participants enter the U.S. with a J-1 Visa (exchange visitors) with primary activities such as Conduct Collaborative Research Give speeches/lectures Teach Consult Observe Non-tenured temporary positions (few days for as long as 5 years) Visiting Scholars: J-1 Visa Holders from Sanctions Countries
18 SPONSORSHIP Exchange visitor program sponsors may include U.S. government, academic, research and some private sector organizations State Department designated sponsors screen and select prospective exchange visitors in accordance to regulatory requirements (22 CFR Part 62) and can issue the Certificate of Eligibility for Exchange Visitor (J-1) Status (Form DS-2019) Visiting Scholars: J-1 Visa Holders from Sanctions Countries
19 University Processes for J-1 Visa Host Department must complete and submit the following to the Office of International Students and Scholars (OISS) Completed J-1 (DS-2019) Application Form/Checklist Copy of Invitation Letter, if funded by outside source Letter of Offer, if any Copies of previous DS-2019 (formally IAP-66 s) if any Copy of CV, passport and I-94, etc. Visiting Scholars: J-1 Visa Holders from Sanctions Countries
20 Sponsor Obligations State Department Designated Sponsors are obligated to comply with all aspects of the exchange program Selection and screening of foreign persons against government watch lists Monitor activities of selected foreign nationals who will be participating in the visitor exchange program in the United States *NOTE OISS handles immigration processing, but sponsorship is based upon the information provided by the host department Visiting Scholars: J-1 Visa Holders from Sanctions Countries
21 EXPORT CONTROL DUE DILIGENCE Screen the Visiting Scholar and their home country Evaluate if the visit makes sense Who, What, Where, and Why? Review Visiting Scholar s CV Sponsor completes an export control checklist for potential visitor The Export Control Office must conduct a deemed export licensing review Visiting Scholars: J-1 Visa Holders from Sanctions Countries
22 1. Determining Whether Proposed Activities May be Subject to Export Control Regulations? Completed by: Date: EXPORT CONTROL CHECKLIST Does your planned activity/project or contract/agreement: Allow the sponsor the right to approve, restrict or prohibit publications resulting from the research or review them for over 90 days? 2. Limit/prohibit participation (faculty/staff/student) based on country of origin or citizenship? 3. Involve shared technical information that is NOT in the public domain? (e.g., published, patented, etc.) 4. Involve sharing technical data or research information with a foreign national outside of a University catalog course or associated lab? (Check websites below for regulated technology, information and commodities) Involve research or teaching activities to be conducted outside the United States? Involve traveling to a sanctioned country? (Check website below for sanctioned/embargoed countries) Involve you to provide training to nationals or entities in a sanctioned country or to foreign nationals/ entities from a sanctioned country? (Check website below for sanctioned/embargoed countries) YES NO 8. Involve shipping equipment, materials, or data to a foreign country, foreign national or entity? (Check the website below for programs involving sanctions/embargoes) Visiting Scholars: J-1 Visa Holders from Sanctions Countries
23 How Can You Determine Whether Your Proposed Activities May be Subject to the Export Control Regulations? Involve payments or anything of value to sanctioned countries or foreign nationals/ entities from any sanctioned country? (e.g. training, humanitarian aid, fees). (Check the listed website for sanctioned/embargoed countries) Involve any agreements or collaborations with embargoed countries or nationals from those countries (including peer review of journal articles)? (Check the website below for sanctioned//embargoed countries) Involves the sharing, shipping, transmitting or transferring encryption software* in source code or object code (including travel outside the country with such software)? Involves the external sponsor, vendor, collaborator or other third party, under a Non-disclosure or Confidentiality agreement, provide an item, information or software from the list below to be shared, shipped, transmitted or transferred? Check all that apply: 12. Nuclear materials, facilities Material, Chemicals, Micro-organisms or Toxins Materials Processing Telecommunications and Information Security Lasers and Sensors Navigation and Avionics Marine Propulsions Systems, Space Vehicles or related items Equipment, Assemblies and Components Test, Inspection or Production Equipment Software Technology Visiting Scholars: J-1 Visa Holders from Sanctions Countries
24 Deemed Exports The deemed export rule is an export of technology or source code (except encryption source code) is deemed to take place when it is released to a foreign national within the United States. When controlled information (i.e. goods, technology or source code) is disclosed to a Foreign Entity or Foreign National even within the United States Includes oral, visual or written disclosures (i.e. laboratory tours, websites, s, research collaboration and oral exchanges of information) Applies to disclosures to research assistants, students, visiting foreign researchers, and U.S. citizens visiting a foreign country Visiting Scholars: J-1 Visa Holders from Sanctions Countries
25 FINAL THOUGHTS Many institutions have Visiting Scholars Agreements as part of their Export Control Manual and Program PURPOSE Outlines Export Control obligations Requires signature of Visiting Scholar/Scientist Requires signature of Sponsor Retain a copy for your records! Visiting Scholars: J-1 Visa Holders from Sanctions Countries
26 Questions?
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