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Visas, Visas, Visas and Working at NIH

Visas, Visas, Visas and Working at NIH. Presented by Division of International Services ORS/OD Candelario Zapata Linda Kiefer. Today’s Focus. About DIS Selection of Foreign Scientists Understanding The Process Retention Foreign Scientists maintenance of status Lawful stay

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Visas, Visas, Visas and Working at NIH

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  1. Visas, Visas, Visas and Working at NIH Presented by Division of International Services ORS/OD Candelario Zapata Linda Kiefer

  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 DIS PI Seminar 06.27.08

  3. 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 DIS PI Seminar 06.27.08

  4. 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 DIS PI Seminar 06.27.08

  5. 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 Consider: Designation DIS PI Seminar 06.27.08

  6. 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 DIS PI Seminar 06.27.08

  7. 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 PI Seminar 06.27.08

  8. 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 DIS PI Seminar 06.27.08

  9. Visa Application DIS PI Seminar 06.27.08

  10. 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 DIS PI Seminar 06.27.08

  11. 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? DIS PI Seminar 06.27.08

  12. Arrival to US • Meet with Customs and Border Protection (CBP) Inspector • Receives Form I-94 Arrival/Departure Record DIS PI Seminar 06.27.08

  13. Valid Form I-94 DIS PI Seminar 06.27.08

  14. 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 Arrival to NIH/EOD DIS PI Seminar 06.27.08

  15. 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 DIS PI Seminar 06.27.08

  16. 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 DIS PI Seminar 06.27.08

  17. 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 DIS PI Seminar 06.27.08

  18. 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 DIS PI Seminar 06.27.08

  19. NIH Policy Resources • Your AO (DIS Key Contact) • DIS • DIS Team • DIS Web Site • OIR Sourcebook • DDIR Web Board • SD Minutes • Manual Chapters DIS PI Seminar 06.27.08

  20. Thank you for attending! • Questions? DIS PI Seminar 06.27.08

  21. Scenarios

  22. 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 months Deadline: none, but should be discussed with DIS to confirm ability to stay and work legally in the US while petition is pending DIS: may provide overall general information NIH policies: Green Card sponsorship and “Letter writing policy” DIS PI Seminar 06.27.08

  23. 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 DIS PI Seminar 06.27.08

  24. 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 DIS PI Seminar 06.27.08

  25. 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/MD Once 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. DIS PI Seminar 06.27.08

  26. Division of International Services Building 31, Room B2B07 31 Center Drive MSC 2028 Bethesda, Maryland 20892-2028 Phone (301) 496-6166 Fax (301) 496-0847 http://dis.ors.od.nih.gov/ DIS PI Seminar 06.27.08

  27. 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: disteama@mail.nih.gov disteamb@mail.nih.gov ISB@mail.nih.gov DIS PI Seminar 06.27.08

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