Hosting/Hiring Department Responsibilities

The purpose of the US Department of State J-1 Exchange Visitor Program is to promote cultural and educational exchange between US citizens and those of other countries. The program provides foreign nationals with opportunities to participate in exchange programs in the US and then return home to share their experiences. Technically, it's not employment, although many J-1 scholars may be paid by Emory. Departments hosting J-1 exchange visitors have additional responsibilities which include:

1. Being familiar with the J-1 Exchange Visitor Program's rules and requirements including the following:
   • Understanding Emory's request process for inviting a J-1 exchange visitor.
   • Gathering the required documentation.
   • Knowing what to consider when selecting the appropriate J category for a scholar.
      
2. Verifying English language proficiency.
   • J-1 scholars must have sufficient English fluency to perform their program activities and navigate daily life in the US.
   • The US Department of State gives three options for verifying English language proficiency during the initial request process:
     • Signed documentation from a non-Emory academic institution or English language school. (Download a template letter)
     • A documented interview by Emory’s hosting department with the J-1 exchange visitor, either in person or by video conference.
       (Download an interview evaluation template)
     • A recognized English language test.
       • Test options: TOEFL, IELTS or Pearson.
       • Acceptable minimum scores

3. Notifying ISSS when a J-1 scholar's arrival is delayed.
   • Departments must inform ISSS right away if a J-1 scholar's arrival in the US is delayed.
   • The scholar's SEVIS record will be updated, and a new DS-2019 form will be issued reflecting their correct program dates.
      
4. Informing the scholar about the ISSS check-in and orientation requirement.
   • International check-in consists of submitting the J-1 Scholar Arrival form and attending an ISSS New Scholar Orientation.
   • This form can be found under the Pre-Arrival and Orientation tab in ISSS Link.
   • In the final section of the form, scholars will be required to choose a J-1 Scholar Orientation session to attend.
   • J-1 scholars must complete the check-in form within 10 days of their start date and before attending the ISSS scholar orientation session.
      
5. Informing and encouraging scholars to purchase and maintain health insurance.
   • Departments are required to inform and encourage J-1 scholars and their J-2 dependents (if applicable) to purchase and maintain health insurance for the duration of their stay in the US.
   • The US Department of State sets minimum health insurance requirements for exchange visitors.
   • Scholars who fail to obtain and maintain insurance can lose their immigration status.
      
6. Providing cultural and educational opportunities for the J-1 scholar and their J-2 dependents.
    
7. Evaluating the scholar's progress.
   • Departments are required to evaluate a J-1 scholar's progress in their exchange program by submitting the J Scholar Annual Program Evaluation form every year and submitting the J-1 Scholar End of Program form at the conclusion of the scholar's program.
   • J-1 Scholar End of Program form
     • When a scholar is finishing their Emory exchange program, the department must submit a J-1 Scholar End of Program form.
     • This form includes the final evaluation and can be found by logging into ISSS Link, navigating to the Departmental Services tab, and clicking on J-1 Scholar Management (under Tasks).
   • J Scholar Annual Program Evaluation form
     • Each summer, ISSS emails all J-1 Research Scholars and Professors with instructions on how to initiate the J-1 Scholar Annual Program Evaluation form in ISSS Link.
     • Once the scholar completes their portion of the form, the scholar's supervisor will receive an email with instructions on submitting their portion of the evaluation.
     • Due to their shorter program durations, J-1 Short-Term Scholars and Specialists are exempt from this requirement.
        
8. Notifying ISSS within 24 hours of any serious problem or controversy.
   • Host departments are required to contact ISSS (isss@emory.edu) if they become aware of anything that may bring the US Department of State, the scholar or Emory’s exchange visitor program into notoriety or disrepute.
   • Incidents that require reporting include, but are not limited to, the conviction of a crime, potential litigation related to Emory’s J-1 program in which the scholar may be a named party, serious accident or injury or sexual abuse allegations.
      
9. Reporting the following changes/updates to ISSS in a timely manner:
   • Any changes in the scholar's program.
     • Examples include changes in financial support, end date, site of activity, duties, Emory department, etc.
     • These types of changes require ISSS approval in advance.
   • Any change to the J-1 scholar and J-2 dependent's (if applicable) contact information.
     • Includes changes to their physical address, email address or phone number.
     • These changes must be reported within 10 calendar days of a change.
   • Any out-of-country activity related to the exchange program.
     • Includes brief business trips to carry out Emory's J-1 activities abroad.
     • To be reported in ISSS Link.
   • When a J-1 scholar's J-2 dependent(s) permanently leave the US before the DS-2019 program end date.
   • If an extension of the J-1 program is desired, departments should request a J-1 extension at least three months before the scholar's J-1 program end date.
      

H-1B status is used for people who will perform services in a specialty occupation on a temporary basis. At Emory, it can be used to bring temporary faculty, researchers, consultants, administrators or other professionals to the US. Departments sponsoring H-1B employees have additional responsibilities which include: 

1. Being familiar with the H-1B Temporary Worker rules and requirements including the following:
   • Understanding Emory's request process for hiring an H-1B employee.
   • Gathering the required documentation.
      
2. Paying the following fees for the H-1B Petition:
   • Form I-129 Fee
   • H-1B Anti-Fraud Fee
     • Contact the department's assigned ISSS advisor to see if this $500 fee is applicable.
   • Premium Processing Fee (optional)
   • Form I-539 Fee
     • For any dependents already in the US.
     • Only required if the department agrees to pay this fee on behalf of the H-1B employee.
        
3. Notifying ISSS when an H-1B employee's arrival is delayed.
    
4. Informing the H-1B about the ISSS check-in and orientation requirement.
   • International check-in consists of submitting the Scholar Arrival: H-1B, E-3, TN, O-1 form in ISSS Link (found under the Pre-Arrival and Orientation tab) and attending an ISSS New Scholar Orientation.
   • H-1Bs must complete the check-in form within 10 days of their start date.
   • At the end of the form, H-1B employees will be directed to schedule a one-on-one orientation with their ISSS Advisor. 
      
5. Reporting the following changes/updates to ISSS in a timely manner:
   • Any changes in employment (e.g., salary, full time vs. part time, end date, duties, work location, Emory department, etc.). These types of changes require ISSS approval in advance.
   • If the H-1B employee will end their H-1B employment early, departments must submit an H-1B/E-3 Status or Employment Ending Early form in ISSS Link before their employment end date. This form can be found under the H-1B/E-3 Employee Management in ISSS Link.
   • If an extension of the H-1B employment is desired, the department should request an H-1B extension at least eight months before the employee's current H-1B end date. 
      
6. Following government site visit procedures.
   • The USCIS Fraud Detection and National Security (FDNS) unit can conduct both announced and unannounced inspections of H-1B worksites. These visits can occur in person, by phone, email or fax.
   • Learn more about government site visits and supervisor/employee protocols on ISSS' Government Site Visits page.
      
7. Paying transportation costs to return home (if applicable).
   • If a department dismisses an H-1B from employment before their H-1B approval end date, the department is responsible for paying for the employee's return transportation to their last place of residence abroad.

O-1 temporary workers possess extraordinary ability, have risen to the very top of their field of endeavor, and are coming to the US to continue to work in their area of extraordinary ability on a temporary basis. Departments sponsoring O-1 employees have additional responsibilities which include:

1. Being familiar with the O-1 Temporary Worker rules and requirements including the following:
   • Understanding Emory's request process for hiring an O-1 Temporary Worker and obtaining a referral to an outside attorney.
      
2. Ensuring that ISSS receives copies of all documentation related to the petition.
   • Required documentation to provide ISSS includes the receipt and approval notices.
   • The outside attorney will also need to provide a copy of the I-129 form, cover letter, and G-28 before filing, so that ISSS can review and sign.
      
3. Informing the O-1 employee about the ISSS check-in and orientation requirement.
   • International check-in consists of submitting the Scholar Arrival: H-1B, E-3, TN, O-1 form in ISSS Link (found under the Pre-Arrival and Orientation tab) and attending an ISSS New Scholar Orientation.
   • O-1 employees must complete the check-in form within 10 days of their start date.
   • At the end of the form, O-1 employees will be directed to schedule a one-on-one orientation with their ISSS Advisor. 
      
4. Reporting the following changes/updates to ISSS and the outside attorney in a timely manner:
   • Any changes in employment (e.g., salary, full time vs. part time, end date, duties, work location, Emory department, etc.). These types of changes require approval in advance.
   • If an extension of the O-1 employment is desired, departments should request an O-1 extension at least eight months before the employee's current O-1 end date.
      
5. Paying transportation costs to return home (if applicable)
   • If a department dismisses an O-1 employee from employment before their O-1 approval end date, the department is responsible for paying for the O-1's return transportation to their last place of residence abroad.

TN status allows qualified Canadian and Mexican citizens to work in certain professions in the US on a temporary basis. Departments sponsoring TN employees have additional responsibilities which include: 

1. Being familiar with the TN NAFTA Professional rules and requirements including the following:
   • Understanding Emory's request process for hiring a TN professional.
   • Gathering the required documentation.
   • Providing ISSS with all the information required for ISSS to create the TN Employment Letter (to be used by the TN professional when entering the US or to be included with the I-129 petition).
      
2. Paying the Form I-129 Fee for the TN petition (if applicable).
   • Filing fee is required only if the TN professional decides to petition from within the US (instead of traveling to Canada or Mexico and applying for TN status at a port of entry).
      
3. Informing the TN professional about the ISSS check-in and orientation requirement.
   • International check-in consists of submitting the Scholar Arrival: H-1B, E-3, TN, O-1 form in ISSS Link (found under the Pre-Arrival and Orientation tab) and attending an ISSS New Scholar Orientation.
   • TNs must complete the check-in form within 10 days of their start date.
   • At the end of the form, TNs will be directed to schedule a one-on-one orientation with their ISSS Advisor. 
      
4. Reporting the following changes/updates to ISSS in a timely manner:
   • Any changes in employment (e.g., salary, full time vs. part time, end date, duties, work location, Emory department, etc.). These types of changes require ISSS approval in advance.
   • If an extension of the TN employment is desired, departments should request an TN extension at least three months before the professional's current TN end date.
      

E-3 status is used for Australian nationals who will perform services in specialty occupations on a temporary basis.  At Emory, it can be used to bring faculty, researchers or other highly specialized professionals to the US. Departments sponsoring E-3 employees have additional responsibilities which include:

1. Being familiar with the E-3 Australian Worker rules and requirements including the following:
   • Understanding Emory's request process for hiring an E-3 employee.
   • Gathering the required documentation.
   • Knowing when a petition may need to be filed (only if the employee is already in the US and will remain in the US for an approval of a change of status, change of employer or change in employment conditions).
      
2. Paying the following fees for the E-3 petition (if applicable):
   • Form I-129 Fee
   • Premium Processing Fee (optional)
   • Form I-539 Fee
     • For any dependents already in the US.
     • Only required if the department agrees to pay this fee on behalf of the E-3 employee.
        
3. Notifying ISSS when an E-3's arrival is delayed
    
4. Informing the E-3 about the ISSS check-in and orientation requirement.
   • International check-in consists of submitting the Scholar Arrival: H-1B, E-3, TN, O-1 form in ISSS Link (found under the Pre-Arrival and Orientation tab) and attending an ISSS New Scholar Orientation.
   • E-3s must complete the check-in form within 10 days of their start date.
   • At the end of the form, E-3 employees will be directed to schedule a one-on-one orientation with their ISSS Advisor. 
      
5. Reporting the following changes/updates to ISSS in a timely manner:
   • Any changes in employment (e.g., salary, full time vs. part time, end date, duties, work location, Emory department, etc.). These types of changes require ISSS approval in advance.
   • If the E-3 employee will end their E-3 employment early, submit an H -1B/E-3 Status or Employment Ending Early form in ISSS Link before their employment end date. This form can be found under the H-1B/E-3 Employee Management in ISSS Link.
   • If an extension of the E-3 employment is desired, departments should request an E-3 extension at least eight months before the employee's current E-3 end date.
      
6. Following government site visit procedures.
   • The USCIS Fraud Detection and National Security (FDNS) unit can conduct both announced and unannounced inspections of E-3 worksites. These visits can occur in person, by phone, email or fax.
   • Learn more about government site visits and supervisor/employee protocols on ISSS' Government Site Visits page.
      
7. Paying transportation costs to return home (if applicable).
   • If a department dismisses an E-3 scholar from employment before their E-3 approval end date, the department is responsible for paying for the scholar's return transportation to their last place of residence abroad.