Loading...
HomeMy WebLinkAbout01192022 PACAB Work Session LAYDOWN - J1 and H2Bere many significant differences between the H-113 visa and the 3-1 visa for researchers, including )fessors. Depending on your circumstances, one or the other could be the better option for you. if all the potential advantages and disadvantages of these two visas, the most significant is the two-year ome residency requirement sometimes imposed on 3-1 visa holders. Question J-1 H-1113 Purpose of visa Provide foreign nationals with exchange Dual intent visa: used for temporary opportunities in research as well as access employment visitors and for those who to cultural and general educational intend to apply for permanent residency programs. Eligibility This category of visa is reserved for Reserved for specialty occupations researchers, faculty and scholars, i(scholars and scientists) that require specialists and speakers, and students in theoretical and practical application of a exchange programs. All are in the U.S. on body of highly specialized knowledge in fixed terms. Researchers must be brought a field of human endeavor. Requires a in for a specific purpose as defined by the Ph.D. sponsoring institution. Differences Two-year home residency requirement is May be approved for 3-1 visa imposed if home country funds research or researchers, professors or postdocs who occupation is on skills list. have exhausted the three-year limit. IMaximum length 'Up to three years with possible six months IUp to six years. of stay extension. Requirements for obtaining visa Extensions Academic and financial screening by the sponsoring institution confirmed by the issuance of the DS-2019. Employer must demonstrate: -employer-employee relationship -position applied for is professional -requires B.A./B.S at minimum; Ph.D. for postdocs and/or special skills -salary paid must meet the prevailing wage -benefits are commensurate with other similar positions -initial intent to hire is temporary -must pay for return transportation home if employer terminates job. -IYes, but the total stay cannot exceed three Yes, but the total stay cannot exceed six — yea rs. years. Home residency You may be required to live in your home —�Not required. requirement country for two years if you have special Travel restrictions skills needed by your country, or you used government funding for the program. Waiver of the two-year home residency requirement may be possible. See the information on 3-1 waivers. Check with institution and/or immigration Check with employer and/or immigration attorney. attorney. Cost to obtain Many institutions charge a handling fee The U.S. government charges a filing fee the immigration (approximately $200-$300) to process the of $130 for the processing of the I-129 status DS-2019. petition. Many institutions charge a $1,000 handling fee or require payment of attorney fees. Who pays for The professor, researcher or postdoc or the The employer. visa processing institution. Who files the The institution issues the DS-2019 The employer files the H-1B petition request for immigration status Processing _ The institution can take two weeks or Employer can take up to three months Times several months to issue the DS-2019. The to process the paperwork. The U.S. embassy may take another two Immigration Service can take up to months or more to issue the visa. another six months. The U.S. embassy or consulate can take another two (months to issue visa stamp. Can the No. Yes, for the petition with the procedure be Immigration Service. No, for the visa expedited? I stamp issuance. Cost of r applicable. $1,000 premium processing fee. Expedited Service Authorized May receive compensation from the school Employer or institution that issued the DS-2019. You may also engage in temporary work in another institution if the work is related to the program and if you receive advance permission. Compensation may include May only work for the H-113 employer in the specific position approved. You are not eligible for honorariums; however, in some cases they can be paid reimbursements. travel grants and reimbursements. Limit on No, however, the applicant has to remain No, however, the applicant has to obtaining status off J status for at least one year before the remain outside of the U.S. for at least next three-year period. one year before the next six -year period. Consequences of 'Termination of participation in 3-1 letting program. Visits to the U.S. in the future immigration will be prohibited in varying degrees status lapse depending on length of unlawful presence. For example, if you are in unlawfully present for more than 180 days, you are prohibited from returning to the U.S. in any visa status for three years. Work while You may continue in F-1 (student visa waiting for a status) in an optional practical training change in visa (OPT) category for up to a year; however, category you should apply at least six months in advance before OPT expires for change of status to 3-1 or H-113. Persons in 3-1 status who are changing status to H-113 cannot start work until the application is approved. While a change in status is pending you cannot "volunteer" for work where you would normally be paid. Visas for family for spouse and children under 21. ff members? Must leave the U.S. and reapply for admission in proper status. Visits to the U.S. in the future will be prohibited in varying degrees depending on length of unlawful presence. For example, if you are in unlawfully present for more than 180 days, you are prohibited from returning to the U.S. in any visa status for three years. _FCannot work until H1-13 application is approved. You may remain in the country if petition is submitted before previous status ends. While a change in status is pending you cannot "volunteer" for work where you would normally be paid. H-4 for spouse and children under 21. Family members 'Family members on 3-2 visas may apply INo. work for an Employment Authorization authorization Document (EAD) for any type of employment. However, their earnings cannot substitute for the support of the 3-1 visa holder. Travel by family Spouse and minor children may be Yes. Family members will need H-4 visas members travel admitted into the U.S. in 3-2 and verification that the H-113 principal classifications. Each family member has a is in the U.S. working for the approved SEVIS-issued DS-2019 form issued in employer. his/her own name by the sponsoring organization. When traveling it is recommended that you carry copies birth and marriage When traveling, it is recommended that certificates to more easily demonstrate you carry copies birth and marriage spouse and children relationships. certificates to more easily demonstrate spouse and children relationships. for visas At a U.S. consulate or embassy. At a U.S. consulate or embassy. ,Apply for family members Federal taxes Depends on tax treaty between home Depends on tax treaty between home country and U.S. Most 3-1 visa holders are country and U.S. Most H1-13 visa holders considered residents of the U.S. for tax are required to pay federal taxes and purposes if they meet the substantial Social Security withholding. presence test.