Visas, Visas, Visas and Working at NIH Presented by Division of International Services ORS/OD...

Visas, Visas, Visas and

Working at NIH

Presented by

Division of International ServicesORS/OD

Candelario ZapataLinda Kiefer

DIS PI Seminar 06.27.08 2

Today’s Focus

• About DIS• Selection of Foreign Scientists• Understanding The Process• Retention Foreign Scientists

– maintenance of status• Lawful stay• Work permission

• Policies to consider


ABOUT DIS

• 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• When pondering a selection consider:

– Credentials• Educational institution• Degree type• Publications• Number of years of experience• Field of research experience

– Check References– Verify English ability– Obtain US immigration history, if any

• Consult with DIS as necessary


Consider:

• 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

Designation


The Process• Work with AO/AT 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


The Process - continued• Confirm Degree

– Submit proper confirmation letter if diploma/transcripts not available

• Provide a clear description of research activities

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

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

appointment?


DIS Role• Review requests for completeness

– Verifies that all required documents are received– Verifies that all approvals are in place– Verifies that all required information is obtained

• Review for adherence to NIH policies• Issue appropriate immigration document

– USCIS– SEVIS– Mail documents to scientist

• Processing time dependent on type of request and immigration status of scientist– See DIS processing times chart


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


Visa Issuance Factors• Consular 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 All Changes (examples)

– Home address• Report to DIS and USCIS within 10 days of change

– Program or activity change BEFORE it occurs• IC transfer• Research change

• No unauthorized employment– work only as authorized by either USCIS or DIS

• No independent work or “side” jobs, e.g., consulting, cashier, guard, etc. • 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


Policies to consider

• 5-year/8-year rule• VF early termination • NOS waivers• Contract Workers (CW)

– Visa/immigration status– 212e waiver requirements– 5/8 year rule– designation

• 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


Q: I hired a Research Fellow who already had an H1B visa, which I was able to transfer to the NIH. She is anxious to apply for a green card. I would like to know more about the process, to what extent the DIS will help with the green card application process, and the timelines and deadlines for the application process.

A: Generally NIH will only support/sponsor green cards for designations higher than RF, e.g., staff scientists.The RF can, however, file “self-petitions” (National Interest Waiver and Extraordinary ability)Timeline: 12-36 monthsDeadline: none, but should be discussed with DIS to confirm ability to stay and work legally in the US while petition is pendingDIS: may provide overall general informationNIH policies: Green Card sponsorship and “Letter writing policy”


Q: Is it possible and what conditions should be met to transfer a postdoc from a visiting fellow position (J1 visa) to a FTE position (H1 visa)?How long can scientist stay at NIH?

A: Yes. NIH policies: 5/8 rule; 212e waiver

Q: How to retain a good scientist once their J-1 visa expires and there are no FTE positions? Would they get a Waiver if they are offered a position from a NIH contractor company?

A: Contractor type position; do not apply for waiver if placement will be in NIH facilities NIH policies: Contractor worker; waiver policies


Q: Under which circumstances can a J-1 be exceptionally extended to a 6th year, if at all possible?

A: Not possible. Awaiting DHS and DOS rules on “G-7” J-1 program that may make a stay longer than five years possible.

Q: Is there any way to transfer a fellow who is under an H1B visa in another institution to NIH?

A: Yes. (Consult appropriate DIS team: NIH Policies: 5/8 year rule

USCIS rules: H1b portability; 6 year H1B max


Q: I would like to ask about ways to speed up the whole process of bringing in foreign nationals for a postdoctoral position. As I understand it, the paperwork for the candidate to allow them to apply for their visa can only be sent once the candidate has received official confirmation about their PhD. Sometimes that official confirmation can take a long time coming through. I'm currently in communication with an excellent Israeli PhD.student who tells me that in his department the official approval of the PhD can take 3-6 months, and only then can he apply for the visa, which will take at least an additional month. Obviously this slows everything down and makes it difficult for candidates especially if they have no funding post-PhD. So my questions are:

– Are there any ways in which we can speed this process up? When I first came over to the US, I applied for my visa before my PhD. was officially approved, which meant that I could come over as soon as my PhD. was finished.

A: Visiting program Chapter Manual requires confirmation of PHD/MDOnce confirmation is received DIS prepares appropriate documents. Pre-work (everything except degree confirmation) can be forwarded to DIS to shorten processing times.

– Are there any ways around the restrictions? For example, is proof of submission of the dissertation sufficient? Or some form of informal approval of the PhD.?

A: Proof of completion of all coursework and thesis defense and acceptance required. The confirmation letter should come from the office of the Registrar, Graduate Dean or equivalent office/official.


Division of International Services

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

Phone (301) 496-6166Fax (301) 496-0847

http://dis.ors.od.nih.gov/





International Services

• Open Monday – Friday, except Federal Holidays– 8:30 AM – 5:00 PM EST

• Walk-In Advising Mon. – Thurs. 1:30-3:30 P.M.

• EOD Processing Mon. – Friday 9:30 – 11:30 A.M.

• Phone: (301) 496-6166

• Fax: (301) 496-0847

• E-Mail: [email protected]@mail.nih.gov [email protected]

mailto:[email protected]




Visas, Visas, Visas and Working at NIH Presented by Division of International Services ORS/OD...

Documents

Transcript of Visas, Visas, Visas and Working at NIH Presented by Division of International Services ORS/OD...