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Bechtel International Center Immigration Update -Fall Quarter 2013 New Dependent Funding Requirements

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Page 1: What are the regulations  Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR

Bechtel International CenterImmigration Update -Fall Quarter

2013

New Dependent Funding

Requirements

Page 2: What are the regulations  Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR

What are the regulations

Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR 62.12(3)) in addition to possessing “adequate financial resources to complete his or her program” (CFR 62.12 (2)).

Page 3: What are the regulations  Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR

What is a dependent?

Legally married spouse

Children up to 21 years of age

Who is NOT a dependent:

Parents, grandchildren, cohabitating partners

Page 4: What are the regulations  Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR

What Stanford requires

In addition to $2500 per month/$30,000 per annum minimum for the scholar (VSRs must factor in reg office fees!) :

Spouse: $600 per month/ $7,200 per annum

Per Child: $300 per month/ $3,600 per annum

Page 5: What are the regulations  Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR

How will departments

calculate the costs The funding will be calculated in total

program costs according the J-1’s program start and end dates, not by the entry and departure of the dependents in and from the US.

If adding a dependent, the costs should be calculated to cover the period from the time the J-2 Ds-2019 is issued until the end of the J-1’s program.

By using the Dependent Funding Worksheet: http://icenter.stanford.edu/docs/scholars/J2Funding%20worksheet.html

Page 6: What are the regulations  Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR

What will the department attest

to “I hereby acknowledge that the funding

information provided is accurate to the best of my knowledge and is sufficient to support both the scholar and –if applicable- his/her dependent(s).”

Page 7: What are the regulations  Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR

Will it take longer to process a Ds-2019?

The majority of our scholar requests do not involve dependents: 60%

Most of our scholars come with sufficient funding to support themselves and a couple of dependents: 30%

For those that do not, additional funding must be requested. Only then can the department proceed with the Initial, Extension, Transfer or Add Dependent requests. In these cases, there may be delays: 10%

Bechtel will minimize delays by adding staff to handle questions and issues that will arise as a result of the implementation of this requirement.

Page 8: What are the regulations  Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR

3 tips for workflow

1. Extensions

2. Postdocs with more than 2 dependents

3. Add Dependents

Page 9: What are the regulations  Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR

Tip #1--Extensions

Extension screen in workflow does not show if a scholar has dependents

Please consult the hardcopy Ds-2019s

Calculate based on the number of months of the period of extension

Page 10: What are the regulations  Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR

Extension screen

Page 11: What are the regulations  Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR

Tip #2--- Postdocs

The minimum postdoc salary at Stanford ($43,932-- as of October, 2013) will already cover the dependent costs for a spouse and one child (=$40,800, 2 children would require $44,400-- $468 short in minimum salary). Most postdocs will have sufficient funds to cover costs for their dependents, if any.

If a postdoc has more than two dependents and is earning this minimum salary, the financial section of their Ds-2019 will need to be updated with personal funds.

No personal funds section in workflow for postdocs

Place personal funds in “Comments” Section

Page 12: What are the regulations  Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR

Postdoc screen

Page 13: What are the regulations  Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR

Tip#3—Add Dependent

This is used to request dependent DS-2019s after the J-1 DS-2019 has already been issued

If Scholar does not show enough funds on current Ds-2019 to support dependents, then an “Update Funds Without Extension” request must be submitted first

When the financial section on the Ds-2019 shows sufficient funds, then submit Add Dependent request

Page 14: What are the regulations  Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR

Case study #1Raul from Mexico

Raul is a professor from Mexico who is coming for 1 year with his wife and three children under the age of 21.

Raul’s university is giving him a sabbatical salary of $55,000 for the academic year.

Does Raul have enough financial support for the year?

Page 15: What are the regulations  Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR

Raul’s funding

Page 16: What are the regulations  Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR

YES!

What do I do now?

Nothing. Submit the Initial Ds-2019 request for Raul and his family.

Page 17: What are the regulations  Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR

Case study #2: Reiko from Japan

Reiko is coming as a Visiting Student Researcher for 12 months

After six months, she and her husband missed each terribly so they decided that he would come for the remaining 6 months.

Reiko originally submitted $47,088 for her 12 month program.

Does she have enough financial support to add her husband?

Page 18: What are the regulations  Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR

Reiko’s funding

Page 19: What are the regulations  Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR

No!

What do I do now?

Reiko needs to submit $3600 more in financial support to the department.

But before her husband can be added as a dependent to her record, the department must submit an “Update Funds Without Extension” request.

Once that Ds-2019 has been process, the “Add Dependent” request can be submitted.

Page 20: What are the regulations  Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR

Case study #3- Bertrand from

France Bertrand is a postdoc who first came over

two years ago initially with his wife Juliette and his baby Delphine

Betrand is paid $46,000 a year from Stanford

A few weeks ago, his wife returned to France and had twin baby boys, Pierre and Francois.

Now Bertand needs to request new Ds-2019s for his twins and request an 8 month extension to finish up his work in the lab. For the additional 8 months, Bertrand will only make 66% of his annual salary of $46,000, which is $30, 360

Does he have enough financial support for his two new dependents and an 8 month extension?

Page 21: What are the regulations  Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR

Bertrand’s funding

Page 22: What are the regulations  Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR

No!

What do I do now?

Bertrand must submit $1640 in personal funds. When the evidence of support arrives, enter the amount in “comments” section of Extension request which will be added to his total financial support total.

Page 23: What are the regulations  Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR
Page 24: What are the regulations  Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR
Page 25: What are the regulations  Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR
Page 26: What are the regulations  Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR
Page 27: What are the regulations  Federal regulations state that the J-1 must “possess adequate financial resources to support any accompanying dependents” (CFR

How should we contact the I-Center if we have

questions and problems?

[email protected]

Link to the Dependent Funding worksheet:

http://icenter.stanford.edu/docs/scholars/J2Funding%20worksheet.html