for Scholars, Fellows, Interns, and Trainees

CROSS-CULTURAL ACTIVITIES: A FUNDAMENTAL REQUISITE OF J-1 VISAS

In accordance with the Fulbright-Hays Act of 1961 (of which the Exchange Visitor Program and its J-1 visa are a part), cultural, educational, and professional exchanges are intended to build mutual understanding and help create a foundation of trust between Americans and the rest of the world. By bringing people together to share perspectives and experiences, they strengthen US national security and promote prosperity at home and abroad

Based on the above, the US Department of State demands the participation of J-1 visa holders in cross-cultural activities and it regards it as a fundamental requisite of J-1 Getty sponsored programs.

The US Department of State considers the social and cultural activities engaged between American and International people (J visa holders) to be cross-cultural activities.

The very nature of the J. Paul Getty Trust with its mission, programs, activities, as well as national and worldwide art projects, allows for compliance with the cross cultural activities provisions of the Fulbright-Hays Act.

The programs in which Getty scholars, fellows, interns, and trainees participate are inherently cross-cultural, because participants are selected from a group of national and international applicants and/or nominees, and the Getty staff is comprised of culturally diverse individuals. Program participants bring their own cultural customs to share with the Getty staff and the other members of the group by virtue of being in the programs. This shared learning is in addition to exchanges that happen in the work environment, where, side-by-side, research and treatment of art objects from around the world occur in close collaboration with Getty staff.

Nevertheless, the US Department of States requires J-1 visa holders to participate in additional cross-cultural activities during their Getty residency. Especially noteworthy are activities implemented with and organized by Getty staff, scholars, fellows, interns, and trainees.

To comply with the US Department of State request, J-1 visa holders will be asked to write one or more evaluations of the program in which they have been involved at the Getty. These evaluations will document in writing, preferably with the addition of photographs, the participation of each individual in a variety of cross-cultural activities. Particularly important will be the comments on the effects of these interactions in relation to the purpose of the Fulbright-Hays Act.

Please notify OSIP of any change in address, telephone number, or e-mail address for you and your spouse and/or dependent(s) within 10 days, as specified in the J-1 Visa Guidelines.

The J visa is part of the Exchange Program created to foster learning across cultures. In some cases, rules ensure that J visitors will have to return to their home countries after completion of the US program so that the home country will also benefit. Participants with a J visa (students, scholars, professors, researchers, interns, and trainees), as well as their dependent family members, may be subject to the "two-year home residency requirement".

A J-1 Exchange Visitor is subject to the rule if the US visa page on the passport has such notification.

Please note that the "two-year home" and the "24-month bar" requirements are two different, completely distinct issues.

During the two-year home-country physical-presence requirement J-1 Exchange Visitors are not prohibited from traveling to the U.S. but, until they have fulfilled the requirement of residing for 2 cumulative years in their country of legal permanent residence, they are not permitted to do any of the following:

• Change status while in the U.S. to the nonimmigrant categories of temporary workers (H) or intracompany transferee (L);
• Adjust status while in the US to immigrant visa/lawful permanent resident status (LPR);
• Receive an immigrant visa at a U.S. embassy or consulate; or
• Receive temporary worker (H), intracompany transferee (L), or fiance' (K) visa.

There is a provision in U.S. law for a waiver of this requirement by the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). For information visit: Waiver of Two Year Physical Presence

The total stay in the United States for J-1 visa holders in the "Professor or Research Scholar" category is limited to five uninterrupted years. Extensions beyond this period are not possible. The five-year period is continuous and given to a participant on a "use or lose" basis.

To take advantage of the five-year period of the J Research Scholar category, a scholar would need to have one or more appointments amounting to five continuous years in the U.S. to keep his/her visa record active. Unused time from the five-year window may not be saved for later use.

Any individual who obtains a J-1 visa in the Research Scholar or Professor category is subject to a 24-month bar on "repeat participation" in those categories. This means that when a Research Scholar or Professor completes his or her program, regardless of the lengths, the J-1 Research Scholar or Professor status is concluded and the person is not eligible for another J-1 Research Scholar or Professor visa until the 24 months have passed. The 24-month bar can be spent in the U.S. in another category (i.e. Short-Term Scholar) or in another immigration status (i.e. H1-B) depending on individual circumstances.

A restriction may also exist for anyone who has previously been in another J-1 category who seeks to use the Research Scholar category. Those who were in any J category (other than Research Scholar or Professor) more than six months are ineligible for the Research Scholar category until 12 months have passed after the end of that J program.

The total stay in the U.S. for Exchange Visitors in the J-1 "Short Term Scholar" category is limited to six months. Extensions beyond that limit are not possible. Short-Term scholars are not subject to the 24-month bar rule.

These restrictions apply also to individuals who accompany, or have accompanied, a J-1 visitor as a dependent J-2 family member.

Previous J-1Visa Status	Length of Stay in the United States in Previous J-1 Visa Status*	Can begin or return as Professor or Research Scholar
Any J-1 category other than Research Scholar or Professor	6 months or less	Immediately
Any J-1 category other than Research Scholar or Professor	More than 6 months	After 12 months from the previous Program End Date as reported on the DS-2019
J-1 Research Scholar or Professor	Any time (i.e., 1 month, 1 year, etc.)	After 24 months from the previous Program End Date as reported on the DS-2019
*The duration of the bars are determined by the actual length of stay of the principal J-1 holder's most recent participation in an exchange visitor program. J-2 Spouse/Dependent are subject to the same restrictions.

Interns and Trainees

In order to participate in a Getty Internship program, foreign nationals studying and living outside of the U.S. must enter the U.S. with a J-1 visa in the Intern or Trainee category. Do not apply for a J-1 visa before receiving a letter from Getty inviting you to participate in the Getty Graduate Intern Program, and before receiving further visa instructions from OSIP.

Foreign nationals who are students, currently enrolled in school (college/university) and living and studying in the United States with sponsorship from the college/university, please see exception to the above under the heading "F-1 Visa".

The U.S. Department of State set the following conditions for participation in the Exchange Visitor Program, and consequent application of J-1 visa, for the Intern and Trainee categories.

To classify in the J-1 Intern category:

1. Individual must be currently enrolled in a ministerially recognized school outside the U.S. (no online schools accepted.)
   
   OR


2. Individual must have graduated from a ministerially recognized school outside the U.S. no more than 12 months prior to the begin date of the EV program (no online schools accepted.)

If an individual no longer meets the above conditions, he/she might participate in the program in the Trainee category after two years of residency outside the U.S. following the end of their last internship program.

J-1 Interns cannot be transferred to another J-1 intern program. After an intern completes a program she/he must return home. She/he may be invited to the U.S. for another internship, provided she/he meets the eligibility criteria, that she/he has spent enough time in her/his country to use the skills learned during the previous internship, and that the new internship does not duplicate the activities of the previous one.

To classify in the J-1 Trainee category:

1. Individual must have a degree from a foreign ministerially recognized school (no online schools accepted) PLUS at least 1 year of work in the field outside the U.S.,
   
   OR


2. 5 years work in their field outside the U.S.

An individual is eligible for additional training programs after a period of at least two years residency outside the United States following the end of their initial training program.

12 month Bar

If exchange visitors were in the J-1 Intern or Trainee category more than six months they are ineligible for the J-1 Research Scholar category until 12 months have passed after the end of that J-1 Intern or Trainee program.

Intern-Trainee Categories Participation Bars

Previous J-1/J2 Category	Length of Stay in the US in Previous J-1/J2 Category	Future J-1/J-2 Category	Time to Spend Outside the US Between Categories*
Intern	Any time	Intern	A few months
Intern	Any time	Trainee	24 months
Intern	6 months or less	Research Scholar	A few months
Intern	More than 6 months	Research Scholar	12 months
Intern	Any time	Short Term Scholar	A few months
Trainee	Any time	Trainee	24 months
Trainee	6 months or less	Research Scholar	Immediately
Trainee	More than 6 months	Research Scholar	12 Months
Trainee	Anytime	Short-Term Scholar	Immediately
Student	Anytime	Intern	Immediately
Student	Anytime	Trainee	Immediately
Student	6 months or less	Research Scholar	Immediately
Student	More than 6 months	Research Scholar	12 months
* This "Time to Spend Outside the US Between Categories" is not the same as the "<212 (e)> Two-Year Home-Country Physical-Presence Requirement"

IMPORTANT

Please note: if you have already applied, or plan to apply, for a new "Internship" with the intention of starting the internship a few months after your Getty internship has ended, absolutely do make sure that you ask the new host institution/visa sponsor in which J-1 visa category they will place you. Then, check the chart above to find out how much time you need to spend outside the U.S. if placed in a category that differs from "Intern" or "Trainee".

Be fully aware that some host institutions/visa sponsors will place those seeking an "Internship" in a different visa category to "Intern" or "Trainee". For example, a host may place an intern in the "Research Scholar" visa category which would require spending 12 months outside the U.S. before the beginning of a new program.

F-1 Visa

When you apply to the Getty Graduate Intern Program you will sign a certification confirming that you have enough CPT or OPT time available to complete the Getty internship. You do not need to send any CPT or OPT document at that time. If you are selected to participate in the Getty Graduate Intern Program you will receive an invitation letter from Getty and further visa instructions from OSIP.

F-1 status to J-1 status

If, at the time you submit your Getty internship application, you are a student living and studying in the U.S while in an F-1 status but know you will have completed your studies (received your U.S degree) before the start of the Getty internship, make sure that you spend enough time outside the U.S. before applying for the J-1 visa. The U.S. Department of State doesn't specify how many months there should be between the end of the F-1 status and the beginning of the J-1 Intern/Trainee status. However, the less time spent outside the U.S. may result in more difficulty in obtaining the J-1 visa.

Participating in a Getty internship while in an F-1 Visa status

If you are currently a student living and studying in the U.S. while on an F-1 visa, and will still be in F-1 status during the Graduate Internship period, please contact your Designated School Official in the international student office of your university to discuss CPT and OPT options and to receive information and assistance with the restrictions and possibilities of the F-1 visa program.

Please make sure that your OPT or CPT will cover your Getty internship from the first to the last day of the program. If you state in your application that you do have enough CPT or OPT and it is later determined that you do not (we will be checking your immigration documents), the offer of the Getty internship will be rescinded and another applicant will be considered.

In order to participate in the Getty Graduate Intern program while in an F-1 visa status, you will need to provide the following visa related documents.

When applying for the internship (F1 students only):

You will sign a certification (at the time of the internship application) confirming that you have enough CPT or OPT time available to complete the Getty internship. If you are selected to participate in the Getty Graduate Intern Program you will receive a letter from Getty inviting you to be part of the Program. Before starting the Internship, and only upon OSIP's request, please provide the following:

1. A copy of your current I-20 showing your status as an F-1 student who is currently enrolled in school (college/university) and living and studying in the United Status.
   
2. A copy of the first entry date stamp in F-1 status in your passport
   
3. Proof of health insurance per the U.S. Department of State's rules and regulations for F-1 students.
   
4. Your curriculum vitae
5. A copy of the information page of your passport
6. A brief note from your advisor authorizing your Getty Internship for its entire duration.

As all this can be confusing, please do not hesitate to contact OSIP at osip@getty.edu or via phone at 001-310-440-6660 for more information.

Christine Daniels
Supervisor, OSIP
Responsible Officer, SEVIS
cdaniels@getty.edu
(310) 440-6249

Sharon Kim
International Advisor, OSIP
Alternate Responsible Officer, SEVIS
sakim@getty.edu
(310) 440-6910

• Common Questions About the J1 Visa Exchange Visitor Program

The United States Exchange Visitor Program is administered under the oversight of the Deputy Assistant Secretary for Private Sector Exchange, Bureau of Education and Cultural Affairs (ECA). The Office of Designation and the Office of Exchange Coordination and Compliance are located at:

Bureau of Educational and Cultural Affairs
Department of State
State Annex SA-5, Fifth Floor
Washington, DC 20522-0505

The office of Designation is organized under two divisions. The Academic and Government Programs, and the Private Sector Program Division. Contact information and the exchange categories for the divisions are identified below:

Academic and Government Programs Division (ECA/EC/D/AG)
Categories of exchange: Research Scholar, Short-Term Scholar, Specialist

Telephone: (202) 203-7131
Fax: (202) 203-7779

Private Sector Program Division (ECA/EC/D/PS) Categories of exchange: Intern, Trainee

Telephone: (202) 632-2805
Fax: (202) 203-7779