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Brown Bag Lunch Meeting on Visas for Tenure-track Investigators

Brown Bag Lunch Meeting on Visas for Tenure-track Investigators. Presented by Division of International Services ORS/OD Candelario Zapata Amy Powers. Division of International Services. Building 31, Room B2B07 31 Center Drive MSC 2028 Bethesda, Maryland 20892-2028 Phone (301) 496-6166

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Brown Bag Lunch Meeting on Visas for Tenure-track Investigators

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  1. Brown Bag Lunch Meeting on Visasfor Tenure-track Investigators Presented by Division of International Services ORS/OD Candelario Zapata Amy Powers DIS PI Seminar.11.01.05

  2. 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 www.nih.gov/od/ors/dirs/isb/isb.htm DIS PI Seminar.11.01.05

  3. 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: disteama@mail.nih.gov disteamb@mail.nih.govdisteamc@mail.nih.gov DIS PI Seminar.11.01.05

  4. Today’s Focus • DIS Role • Selecting Foreign Scientists • Understanding the Process • Retaining Foreign Scientists (maintenance of status) • Policies to consider DIS PI Seminar.11.01.05

  5. 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 DIS PI Seminar.11.01.05

  6. Selection • Credentials • Check CV • School • Degree type • Publications • Check References • Check English ability DIS PI Seminar.11.01.05

  7. 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 DIS PI Seminar.11.01.05

  8. 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 DIS PI Seminar.11.01.05

  9. 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 PI Seminar.11.01.05

  10. 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 DIS PI Seminar.11.01.05

  11. Visa Application DIS PI Seminar.11.01.05

  12. 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.11.01.05

  13. 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? DIS PI Seminar.11.01.05

  14. Arrival to US • Meet with Customs and Border Protection (CBP) Inspector • Receives Form I-94 Arrival/Departure Record DIS PI Seminar.11.01.05

  15. Valid Form I-94 DIS PI Seminar.11.01.05

  16. 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.11.01.05

  17. 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 DIS PI Seminar.11.01.05

  18. 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.11.01.05

  19. 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.11.01.05

  20. 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 DIS PI Seminar.11.01.05

  21. 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 DIS PI Seminar.11.01.05

  22. 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.11.01.05

  23. Thank you for attending! • Questions? DIS PI Seminar.11.01.05

  24. Scenarios DIS PI Seminar.11.01.05

  25. 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? DIS PI Seminar.11.01.05

  26. 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? DIS PI Seminar.11.01.05

  27. 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? DIS PI Seminar.11.01.05

  28. 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? DIS PI Seminar.11.01.05

  29. 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? DIS PI Seminar.11.01.05

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