Office of International Education |
|
|||||||||||||||||||||||||||||
|
What are the differences between H-1B and J-1 visas? The University of Richmond is authorized to use the J-1 Exchange Visitor Program to bring students, professors, research scholars, specialists and short-term scholars to the University for cultural and educational exchange. This visa type cannot be used for tenure track or permanent positions, which require the H1B Specialty Occupation Workers visa. International postdocs can work on either a J-1 or H1-B visa. The National Postdoctoral Association has "A Quick Guide to Visas for International Postdocs" to explain the visa basics. J-1 exchange visitors require health insurance coverage, which is usually paid by the University for the exchange visitor only. The University will not pay for health insurance for J-2 dependents (spouse and children). The cost of dependents' health insurance will have to be paid by the J-1 exchange visitor. For further information on the health insurance requirements, consult the State Department's website. Some J-1 exchange visitors may be subject to a two-year home residency requirement (212e). Exchange visitors can become subject if their participation in an exchange program is financed by the U.S. or foreign government, their skill that they are coming to demonstrate is on the State Department skills list, or they received graduate medical education or training in the U.S. J-1 exchange visitors subject to 212e cannot change their status to an H visa (temporary workers and dependents), L visa (intracompany transferees and dependents), or permanent resident (green card) status, or change their status within the U.S. from J to any other nonimmigrant category except A (diplomatic) and G (international organization) statuses, unless they receive a 212e waiver or reside in their home country for a total of two years. The waiver application is a very complicated process and must be discussed with the International Scholar Advisor. When
should the J-1 visa be used? University
of Richmond departments that wish to bring visiting professors, research
scholars, specialists, short-term scholars, or lecturers who will be
conducting academic activities at UR for more than 9 days, should use
the J visa category. If the visitor has previously held a J visa, the hiring department should notify the International Scholar Advisor since the visitor may be subject to the 12-month bar, which prohibits J visa holders (including J-2 status) who were physically present in the U.S. for all or part of the 12-month period immediately preceding the employment start date for Richmond from beginning a new exchange program as a professor or research scholar until 12 months after their program completion date at their previous institution.
Exceptions to the 12-month
bar are made for exchange visitors who are transferring their J-1 status
to Richmond from a previous institution, exchange visitors who were
present in the U.S. for less than 6 months, or exchange visitors who
were present as a J-1 short-term scholar.
THE
H-1B VISA What
is an H-1B visa? H-1B
is a temporary worker in a specialty occupation that usually requires a
minimum of a bachelor's degree. Additionally, the following positions are
considered to be professional and are therefore eligible for H-1B status: What
documentation is necessary to begin the H-1B process?
This
documentation is to be submitted to Krittika Onsanit who will provide this
information to the University's attorney. You can download the
H1B checklist of necessary documentation. What
if the potential employee already has an H-1B from another employer?
An
H-1B application must be filed for each position. Is the department liable for paying wages if the H-1B employee is terminated before their visa expires? The employer is not responsible for paying wages as long as it is a bona fide termination, which requires the employer to notify USCIS of the termination and provide return transportation costs if necessary. In
the event that the H-1B employee quits, the University is not responsible
for the cost of transportation to the H-1B employee's home country. What
is the definition of direct supervision for purposes of determining the
prevailing wage for the position? The
Department of Labor takes into consideration various factors when
determining a prevailing wage. One of the factors is the level of
responsibility of a particular position. If the H-1B employee has a great
deal of independence (i.e., makes independent decisions that do not
require prior approval, is not supervised) and/or supervises others, then
the prevailing wage will be higher. If the H-1B employee is directly
supervised, has his/her work reviewed and is given close instructions,
then the prevailing wage will be lower. When
submitting a salary, should we give a range or the exact figure that we
will offer the H-1B? Both
are necessary. If
our department is filing a petition for a grant extension, should the
ending date for the H-1B be the date that the current grant funds are
available or should the ending date of the anticipated extension be put on
the application? The
ending date must reflect the date through which funding is guaranteed.
H-1B visas that do not have guaranteed funding will be denied. What
if funding runs out before the ending date of the H-1B employee's visa? Before
hiring an H-1B employee, the hiring department should give a letter to the
employee stating that they do not have a guarantee of employment. If
funding runs out, the University is responsible for paying for the return
airfare and the H-1B employee will have to depart the United States
immediately upon notification of termination of employment. What
if the H-1B employee has family members or a spouse presently in the U.S.
or abroad? This
information must be included on the H-1B application. If the H-1B employee
has more than one H-1B visa (in the event that the H-1B employee has two
part-time positions for two different employers), only one petition for
the H-4 dependent visa should be made to the U.S. Citizenship and Immigration
Services (USCIS, formerly the Immigration and
Naturalization Service or INS). Unlike the H-1B employee who may hold H-1B
visas for each employer, it is not necessary for spouses and dependents to
have two H-4 visas. Who
pays the USCIS filing fee for the H-1B visa application?
At the moment, the University has retained an immigration attorney to
handle the H-1B petition process. If the University decides to sponsor the
employee for an H-1B, the specific hiring department is responsible for
paying attorney's fees, which normally range from $1,500-2,000 per
petition. In addition, the University pays the $190 USCIS filing fee for the
employee's visa petition.
If USCIS denies the application for the H-1B, can we get a refund? No. Is
there an appeals process in case the petition is not approved? If
the USCIS needs more information, they will issue a Request for Additional
Evidence (RFE) and provide a period for a response to be submitted.
The USCIS will not deny a petition before the Petitioner has an opportunity
to provide additional supporting documentation. If the USCIS denies
the case after receiving additional information, it is possible to appeal
the decision. Can
a dependent of an H-1B work? No. What
is the average filing time for the H-1B? The
USCIS approval process takes several months, so a department should plan at
least 4-5 months ahead. Departments planning to hire a temporary worker in
a specialty occupation (H-1B) for the fall semester should ideally begin
the process at least one year in advance and no later than January of the
preceding year. On July 30, 2001, the USCIS launched a new premium processing service for H1-B visas. This service guarantees that applications will be processed within 15 calendar days of receipt of application for a $1,000 fee. If the agency does not process the petition within this amount of time, it will refund the $1,000 to the petitioner. For more information, please contact Krittika Onsanit or visit the USCIS website. Are
there quotas for H1-B visas? Congress has established an annual H-1B cap of 65,000. Additionally, the first 20,000 petitioners who hold U.S.-earned advanced degrees (master’s or higher) are considered exempt from this cap. Petitions for such individuals that are filed after the 20,000 exemptions are granted will be counted against the cap. This exemption does not affect the existing exemption from the cap for individuals employed by institutions of higher education.
Foreign
nationals employed by institutions of higher education, nonprofit research
organizations, or governmental research organizations are not subject to
the cap. As a result, even if the cap is reached, an employee
of higher education would still be able to obtain approval for H-1B visa
status. On April 3, 2007, U.S. Citizenship and Immigration Services (USCIS) announced that it received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2008. On May 4, 2007, USCIS announced that it had reached the special H-1B cap of 20,000 for "foreign workers who have earned a master's degree or higher from a U.S. institution of higher education." Read the USCIS Press Release for more information. B-1 Business Visitor Visa Visitors who wish to engage in temporary commercial,
business, or professional activities related to the employment or business
abroad, provided that the activity does not qualify as employment. B-1
visitors are not allowed to undertake employment of any kind, including
part-time, full-time, or temporary teaching or research positions for
which they are receiving compensation by a US institution. B-1 visitors
can receive reimbursement for incidental expenses such as travel or per
diems related to their B-1 activity. The
new immigration legislation contains provisions for payments of honoraria
to B-1 and B-2 visitors (tourist classification). Section 431 permits
payment of honoraria and associated incidental expenses to B-1 or B-2
visitors for "usual academic activity or activities (lasting not
longer than nine days at any single institution)." Section 431
covers such payment if the University of Richmond makes payment. It also
specifies that a B-1 or B-2 visitor cannot accept payment or expenses from
more than 5 institutions in the previous six-month period. This law became
effective on 10/21/98. Length of Stay: 6 months with possible extension
of another 6 months TN (Treaty Nafta Visa)
For Canadians and Mexicans
only. The TN allows Canadian citizens to work for a US employer as
a professional or work for a foreign employer to provide pre-arranged
professional services to a US employer. It allows Mexican citizens to work
for a US employer as a professional. Unlike Canadians, there is no
provision for pre-arranged services. A US institution must employ them
directly. Length of Stay:
1 year with unlimited
renewals/extensions Quotas: No annual limit for Canadian
TNs, annual limit of
5,500 for Mexican TNs Requirements: Must be a citizen of Canada or
Mexico; entry must be temporary; must possess minimum qualifications
(usually a baccalaureate degree and licensure for certain professions) of
a member of one of the following professions: Teacher O-1 Visa: Nonimmigrant Workers of Extraordinary Ability O visas are for individuals who have achieved national or international recognition for extraordinary achievement in the sciences, arts, education, business, athletics, motion picture, or television industries. Employers can petition the USCIS to bring the individual on a temporary basis to work within his or her field and bring their family members and assistants to accompany them. Length of Stay: 3 year maximum, no limit on
number of 1-year extensions afterward Quotas: No annual limit Permanent Residency The University does not guarantee sponsorship for permanent residency for tenure-track faculty or permanent staff positions. If international faculty/staff members require sponsorship, it is their responsibility to negotiate this with the appropriate Dean or Director's office as part of their employment contract. |
||||||||||||||||||||||||||||
|
Office of International Education | University of Richmond VA 23173 | Phone 804-289-8836 | Fax 804-289-8904 |
|||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||
