Brown Bag Lunch Meeting on Visas for Tenure-track Investigators

DIS PI Seminar.11.01.05 1

Brown Bag Lunch Meeting on Visasfor Tenure-track Investigators

Presented by

Division of International ServicesORS/OD

Candelario ZapataAmy Powers


Division of International Services

Building 31, Room B2B0731 Center Drive MSC 2028Bethesda, Maryland 20892-2028

Phone (301) 496-6166Fax (301) 496-0847www.nih.gov/od/ors/dirs/isb/isb.htm


International Services• Open Monday – Friday, except Federal Holidays• 8:30 AM – 5:00 PM EST• Walk-In Advising Mon. – Thurs. 1:30-3:30 PM• Phone: (301) 496-6166• Fax: (301) 496-0847• E-Mail: [email protected]

[email protected] [email protected]


Today’s Focus

• DIS Role

• Selecting Foreign Scientists

• Understanding the Process

• Retaining Foreign Scientists (maintenance of status)

• Policies to consider


INTERNATIONAL SERVICES (DIS)What we do

• Assist all of NIH, including remote sites (AZ, MT, NC, MI, NY, MD) in all immigration related matters

• Work with Institutes and Centers to help recruitment and retention of foreign scientists

• Provide guidance and immigration-related services to all foreign scientists and their dependents

• Ensure that NIH maintains compliance with all applicable immigration laws


Selection

• Credentials– Check CV

• School

• Degree type

• Publications

– Check References– Check English ability


Designation

• Non-FTE– Visiting Fellow, Guest

Researcher/Volunteer, Exchange Scientist (Courtesy)/PSC

– J-1, TN, EAD (includes F-1 OPT)

• FTE – Research Fellow, Staff

Scientist/Clinician, Tenure-track, Tenured, Adjunct Investigator

– All options to left

– In addition: H-1B, O-1


Requests to DIS• Work with AO to prepare appropriate DIS request

forms– NIH Form 829-1, FTE– NIH Form 829-2, VF– NIH Form 590, Guest Researcher/Volunteer, Exchange

Scientist/PSC• Verify that request forms are complete and

accurate– Dependent information– Birth date– Correct spelling of name (use passport name)– Correct order of name, family name, first name


Requests….cont.• Minimize time it takes IC to process requests

to submit to DIS• Degree confirmation• Provide a clear description of research

activities to scientist• Verify mailing address • Verify that scientist is ready to come to NIH

– Are they ready to leave home country?– Are they prepared to make interview

appointment?


DIS Processing

• Review requests for completeness

• Review for adherence to NIH policies

• Issue appropriate immigration document– Mail document to scientist

• Processing time dependent on type of request


Visa Application


Visa Issuance Steps• Applicant receives immigration document from DIS

– Check form for accuracy– Initiate visa application immediately after receiving forms

• Applicant locates appropriate post and obtains visa application forms/instructions

• Applicant makes interview appointment • Consular official reviews application and interviews

applicant– Performs name check in consular database– Decides if Security Advisory Opinion (SAO) is required

• Applicant collect passport w/visa• Applicant arranges travel to the US


DOS Factors• Post location• Interview required

– Posts may waive, but unlikely– Posts have own interview schedule process

• Applicant work history/research area reviewed• Applicant prior stay in the US reviewed• Security Check required (SAO)• Technology Alert (TAL) check required

– Does research involve sensitive technology?– Does research involve select agents?– Is research applicable in development of Weapons of

Mass Destruction?


Arrival to US

• Meet with Customs and Border Protection (CBP) Inspector

• Receives Form I-94 Arrival/Departure Record


Valid Form I-94


Arrival to NIH/EOD• Must report to DIS immediately after arrival

– Within three days after arrival to US– Appointment Start Date Confirmation form

• Verify status– J-1’s must report for SEVIS validation

• Can enter up to 30 days in advance of start date

• Activate award/appointment/ assignment– Give scientist basic information to get started at NIH– Schedule for appropriate orientation – Activate pay


Maintain Status

• Passport valid• Report Address change

– Within 10 days of change• No unauthorized employment

– (work only as authorized by either USCIS or DIS)• No unauthorized stay

– Stay beyond date on I-94– Stay beyond grace period for those with “D/S” – File of extension or change of status before expiration of stay

• Follow requirements specific to visa category– J-1 (insurance)– Work site

• Follow Employer policies

• Failure to maintain status could complicate or prevent future stay in the US


Immigration Stay Limits

• Limits based on status– J-1: up to 5 years– H-1B: up to 6 years– O-1: indefinite (as approved by DHS)– TN: indefinite (as approved by DHS)– EAD: limited to dates on card; renewal

dependent on DHS


Travel while pursing program in the US

• Always need three items to enter the US– Valid passport (unless exempt)

– Valid visa• Exceptions for some individuals who travel to contiguous

territory

– Valid enabling document

• Travel may complicate pending petitions– Change of status

– Extension of stay


SEVIS (Student & Exchange Visitor Information System)

• Dept. of Homeland Security (DHS) internet-based system to track an Exchange Visitor’s stay in the U.S.

• Tracks the following:– Biographical info. about J-1 and J-2 dependents– Information about program activities at NIH (e.g. work address,

home address, funding, research area)– Program changes including transfers, termination

• Generates Form DS-2019– Only DIS is authorized to access

• Watch start dates– J-1 allowed to enter US up to 30 days in advance of start date– Maximum entry is 30 days after listed start date– Must notify DIS if delayed longer than 30 days to avoid major

SEVIS problems


Policies to consider

• 5-year/8-year rule• Exceptional 6th year VF• VF early termination • JVERC/HVRC• NOS waivers• Contract Workers (CW)• Occasional Lectures & Outside Activities• Representation before govt. agencies• NIH paying fees


NIH Policy Resources

• Your AO (DIS Key Contact)• DIS

– DIS Team

– DIS Web Site

• OIR Sourcebook• DDIR Web Board• SD Minutes• Manual Chapters


• Thank you for attending!

• Questions?


Scenarios


1. Scientist has spent 5 years as post-doc VF under J-1; IC offers Research Fellow (FTE) for 2 years– Scientist is now on H-1B (H-1B good up to 6 years)– Can scientist be renewed as RF? If so, how long?

2. Scientist has spent 2 years as post-doc VF under a J-1; departs NIH for 2 years and returns for another 2 years under a brand new J-1 (can get up to 5 years)– Can scientist stay at NIH for another 5 years?


3. Scientist has EAD and spends 2 years as Special Volunteer before earned Ph.D.; IC offers Research Fellow (FTE) when receive Ph.D.– How long can scientist stay at NIH?

4. Scientist started as post-doc VF under F-1; received post-graduate training for 1 year; for 2nd year at NIH, scientist switches to J-1– How long can scientist stay at NIH?


5. Visiting Fellow is applying on own for lawful permanent residence (LPR); asks PI to write letter to support LPR– Can PI write letter? If so, what can PI say?

6. Visiting Fellow on a J-1 applies for waiver based on outside job offer. Lab wants to keep VF for 6th year.– Can VF stay for 6th year? If so, how? If not,

why not?


7. J-2 works as VF. J-1 spouse received waiver based on outside job offer. J-1 is switched to H-1B by outside employer; spouse changes to H-4. IC offers H-4 CW position.– Can spouse (now an H-4) be appointed to CW? Why

or why not?

8. J-1 VF received a waiver based on outside job offer; submitted application for LPR and received an EAD.– Can scientist be placed on a PSC with EAD?


9. J-1 VF applied for waiver based on FTE (Research Fellow); was previously approved for 4/5 year J-1 extension by JVERC.– Is HVRC approval needed?– Can scientist be later placed to contractor? If

so, when?

Documents

Brown Bag Lunch Meeting on Visas for Tenure-track Investigators