Hiring Internationals
At NC State University, we refer to temporary international non-student researchers and visiting faculty who are here on a J-1 Exchange Visitor visa as “International Scholars” in order to differentiate them from international students, whose primary objective is to enroll in courses or engage in short-term research programs that are integral to an academic program, or international employees, whose primary purpose for being in the US is to work.
If you wish to host an overseas colleague who wishes to spend a research sabbatical in your department or if you would like to extend an offer of temporary employment to an international post-graduate to engage in research in your lab or research group, the J-1 Exchange Visitor visa is generally the easiest and best option. The J-1 is also often used for Post-Doc positions, but in some cases another visa type (e.g., H-1B, TN, or F-1 OPT) may be preferable.
J-1 Research Scholars may be paid by the University (with pre-approval in the SEVIS system by OIS) or may be financially supported by a sponsoring agency (e.g., their university employer or home government), or may finance their own program (listed as a “No-Pay” in the HR system).
Research Scholars have certain restrictions. They cannot fill a permanent or tenure-track position – the position must be temporary in nature. Research scholars are not permitted to engage in clinical research. Research Scholars must have a temporary appointment, be entered into the University’s human resource system, and be supervised by a regularly employed NC State University faculty member or administrator. Scholars who wish to begin a new research program in the US, must generally not have been in J-1 status during the previous two years (the 2 year rule).
The J-1 Exchange Visitor Program is intended to assist overseas nationals to engage in temporary research and cultural exchange – not to provide services to the University or a grant program, engage in employment, take courses, etc. Their primary objective must be research that will benefit their own research objectives.
Some J-1 scholars will have a two year Home Residency Requirement imposed upon them. This regulatory requirement was originally intended to decrease the impact of “brain drain” and to ensure that foreign nationals from developing countries and countries where specific skills were in demand would return home after their period of study or research in the US to promote democracy and Western cultural ideals abroad and strengthen the developing countries infrastructure and social institutions. For most the HHR (also referred to as 212(e) based on the regulatory citation), is not an issue since they intend to return home anyway. Not every J-1 scholar is subject and those that are may be able to apply to the US State Department for a waiver of the requirement. Those who receive direct (not just originating from a grant to the University) government funding for their particular program – or whose home country has a “Skills Agreement” with the US and which covers the particular area of study or research the scholar is engaged.
J-1 Research Scholars have certain minimum eligibility requirements; including having attained a minimum of a bachelor’s degree in their field (may be in an advanced stage of a post-graduate program); must demonstrate sufficient funding for their living expenses (and any family members that come with them), and be invited by an NC State faculty member who will supervise them and monitor their research.
While here, J-1 Scholars must maintain health insurance that meets minimum federal requirements and pursue their original research goals as their primary activity (not engage in classes, not set up their family in the US and return to their primary employment in the home country, etc). J-1 Scholars must attend a weekly check-in and orientation at OIS within the first week of their arrival and must update OIS immediately of any address changes or problems with their program. Additional information related to scholars’ rights, responsibilities, and opportunities will be discussed during orientation.