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Scholar
Issues
Basic Overview
Inviting Scholars
to NC State
Position Titles
Visa Types
Prearrival
Departure
Resources for
Departments
Basic
Immigration Overview
Passports:
A passport is an international travel document issued
by the visitor’s home government showing their
identity, state of origin and nationality. This travel
document allows the visitor to travel outside your country.
It is the visitor’s responsibility to keep their
passport valid at all times.
Visas:
A nonimmigrant visa is a permit, affixed or stamped
to a page in the passport, to request entry into the
US. At the port of entry the immigration officer grants
admission. Entrance to the US is given under the terms
and conditions specified by the particular type of nonimmigrant
visa. The visa does not determine how long the visitor
can remain in the US. A valid visa is only necessary
for traveling abroad and re-entering the US after the
current visa in the passport has expired. Many international
students and scholars at NC State have expired visas
in their passport with no deleterious consequences –
it is their nonimmigrant STATUS that must be maintained.
Only a US consulate or embassy abroad can grant or renew
a visa – and usually only after a personal interview.
The US embassy in different countries may have different
requirements or processing times and students or scholars
in certain fields or in certain countries may have to
undergo a security background check before a visa is
granted. Visa
procedures and processing times vary at different US
consulates. We generally recommend that individuals
apply for a US visa at the US Embassy in their home
country, but it is possible in many cases to apply as
a third country national in a different country. Most
consulates require a personal interview during a scheduled
appointment – please do not make travel plans
until you are certain that you have or can get a visa
since many first time visa applications are delayed
and sometimes security background checks can take longer
than expected. For the latest information on visas,
visa applications, visa policies, processing times,
and fees, please go to the US Department of State’s
website at:
http://www.travel.state.gov/visa/tempvisitors.html
Please note: most F-1 and J-1 visa applicants
must pay an additional SEVIS fee before they can apply
for an F-1 or J-1 visa. Please go to the USCIS website
on SEVIS http://www.ice.gov/graphics/sevis/index.htm
or the OIS handout “J-1
SEVIS FEE REQUIREMENT” for additional information
and online filing instructions.
Form I-94 (Arrival/Departure
Record):
At the port of entry into the US, the US Immigrations
and Customs Enforcement officer issues a Form I-94 to
every nonimmigrant. Often the Form I-94 is handed out
on the plane shortly before landing. The Form I-94 indicates
the visa classification and any endorsements made by
the immigration officer. The Form I-94 indicates the
place and date of entry of admission to the United States
and the initial period of authorized stay.
Noted on the Form I-94 for J-1scholars and their dependents
is "D/S", for duration of status. For a J-1
scholar, duration of status means the period during
which the J-1 scholar engages in the activity described
on the Form DS-2019 (professor, researcher). J-1 scholars
may remain in the United States as long as they maintain
J-1 status up until the ending date on the Form DS-2019
plus thirty days.
H-1B, TN and O-1 visa holders receive an I-94 card (and/or
I-797 Notice) with a date specific end date. This end
date should correspond with the petition expiration
date. TN visa holders entering the US for the first
time from Canada will be issued an end date one year
into the future or shorter depending on the length of
appointment. If visitors are in the US beyond the end
date indicated on the I-94 card it is classified as
an "overstay" for immigration purposes and
the visitor may be subject to bars to re-admittance
to the US depending on the length of overstay. For more
information about visa processing for H-1B, TN, and
other employment visas, please consult Human
Resources at: http://www2.acs.ncsu.edu/hr/intemployment/iemission.html.
Social Security Number:
The social security number is an identification number
necessary for filing tax returns, but also requested
for other uses such as: opening a bank account, renting
an apartment, opening utility accounts, applying for
a driver’s license, etc. The Social Security Administration
will only accept social security applications from individuals
who have employment eligibility (based on their immigration
status),
written employment authorization, and written proof
of employment. If visitors are ineligible to apply for
a social security number OIS will provide a temporary
id number, which is valid only at NC State and only
for initial Peoplesoft appointments. Visitors will need
to apply in person at the Social Security Administration
for a Social Security number. The Social Security Administration
is located at Old Wake Forest Road (near Wake Forest
and Millbrook Ave), in Raleigh. Social security applications
and maps to their office
are available at OIS or online at http://www.ssa.gov/online/ss-5.html.
To apply for a Social Security number and card, visitors
need to complete Form SS-5 and show at least two documents
as evidence of age, identity, and lawful alien status
(visa, passport, DS-2019 or I-20, I-94, specific employment
authorization [SSN Letter request form is available
at OIS] AND proof of employment [Job offer letter],
etc). Those in F-1 status who do not have a job offer
and those in J-1 No-Pay positions are not eligible for
an SSN. If it is critical that J-1 Scholars obtain an
SSN, departments should consider changing their appointment
to a paid status (this requires an update in SEVIS and
a new DS-2019 Form and a change in the Peoplesoft appointment
– please email the OIS director with payment
specifics for a SEVIS update).
Dependents and those not eligible to obtain an SSN,
but have tax filing obligations (e.g., investment income,
tax treaty benefits, etc.,) should apply for an Individual
Taxpayer Identification Number (ITIN) that can be obtained
at the Internal Revenue Service (IRS). The ITIN is used
for tax purposes and can serve as additional documentation
for a driver’s license.
To obtain the form and read more about the ITIN please
stop by OIS or visit the IRS web page. http://www.irs.gov/individuals/article/0,,id=96287,00.html
North Carolina Drivers License:
Most non-immigrants are eligible to apply for a North
Carolina driver’s license. Additional documentation
is required for non-immigrants when applying for the
license. Non-immigrants should take their passport,
I-94 card, visa eligibility document (DS-2019, I-20,
etc), and/or Social Security Card or Individual Taxpayer
Identification Card (ITIN), proof of North Carolina
residency, in addition to other required documentation.
In order to obtain information on the driver’s
license please visit the Department of Transportation
web page www.dmv.dot.state.nc.us
Please note that nonimmigrants who do not have (or are
ineligible for) an SSN ARE permitted to
drive in North Carolina IF they have (and
carry with them while driving!) a valid drivers license
from their home country. Individuals with international
driver’s licenses should apply for a North Carolina
driver’s license if/once they have a Social Security
Number or Individual Taxpayer Identification Number.
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Inviting Scholars to NC State
Position Titles
It is the decision of the hiring department to decide
the title that will be given to an international scholar.
When a department desires to hire an international into
a position it is very important to contact HR or OIS
at the beginning of the process to insure the right
documents are processed and the proper visa attained.
Visa categories vary from position to position based
on whether it is a paid or unpaid position and whether
the position is temporary or permanent.
Contact HR or OIS
Either HR or OIS should be among the first offices
to contact when anticipating either a short-term visit
or a tenure track appointment by an international scholar.
For immigration purposes an international scholar is
one who is in a non-immigrant visa status or is outside
the US and will require a non-immigrant visa to enter.
Examples of non-immigrants include, J-1, H-1B, F-1,
TN visa holders. If a person is a naturalized US citizen
or a permanent resident (green card holder) then it
is not necessary to contact OIS for immigration assistance.
If an applicant for a position is international and
already in the US, then it is essential to find out
what the individual’s current nonimmigrant status
(as well as imminent travel plans) may be so that OIS
or HR can appropriately advise both the hiring unit
and individual regarding immigration options and processes.
International scholars almost always require a visa
to enter the US. It is vitally important, therefore,
that a scholar enter in the most appropriate visa status
for the visit. It is important that departments contact
OIS far in advance of an anticipated start date so
we have sufficient time to process a DS-2019 and the
scholar can apply for a visa. Hiring units must submit
the Request for DS-2019 to OIS at least 30 days before
the anticipated start date to allow for processing time
for SEVIS, interview date availability at the consulate,
security background checks, visa issuance, travel arrangements,
etc. Some visa applicants in certain countries and coming
to do research in certain fields, may need 3 or more
months for the visa process. Please consult OIS or
HR for specific information.
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Step 1: Determine the Appropriate Position
Title
Paid Positions
Foreign nationals who have advanced degrees may be appointed
to a permanent position, as a “Post-Doc”
(pursuant to the Post-Doc requirements), or in a temporary
or visiting position (that may or may not involve payment).
Permanent Positions
Common permanent titles used previously include Assistant
Professor, Associate Professor, Research Associate,
Researcher, Research Assistant Professor. For visa purposes,
the most important thing to remember is that the only
visa categories that allow tenure track positions are
H-1B visa status or O-1 visa status. H-1B and O-1 visa
status are also an option for non-tenure track positions.
Please consult
with the International Employment Services unit in Human
Resources at: http://www2.acs.ncsu.edu/hr/intemployment/iemission.html.
Those employees who are not and will not be affiliated
with NC State University, should consult a qualified
immigration attorney for assistance.
Temporary Positions
Any title with “Visiting” in front of it
connotes a temporary status such as Visiting Assistant
Professor, Visiting Scholar, etc. “Post-docs”
are also considered temporary. Possible visa options
for temporary positions include J-1 Exchange Visitor,
TN, H-1B, J-2 with work authorization, F-1 Student with
Optional Practical Training (OPT), and J-1 Student with
Academic Training (A.T.).
Post Docs
The Post Doc position at NC State includes a separate
health insurance program and establishes Post Docs as
"temporary" and not eligible to participate
in the state retirement program. It is important, therefore,
that a distinction is made between Research Associate
(Post Doc) and Research Associate when deciding upon
a position title. Approximately half of the Post-Docs
at NC State University are international and are generally
in H-1B, J-1, or TN status. Policies, benefits, and
restrictions regarding Post-Doc employees are subject
to change (last change November 2004).
Unpaid Positions
International scholars who will be coming to NC State
based on their own funding or home institution support
oftentimes have position titles such as Visiting Scholar
or Visiting Researcher. If a scholar will not be paid
by NC State and the funding source is either personal
funding, funding from a fellowship, or from their home
institution they are limited to the J-1
Exchange Visitor visa. In some circumstances it
may be possible for a scholar to enter the US as a B1-B2
Visitor or WB/WT for Business or Tourist (B-1, or in
some cases the WB, is currently the only visa type international
undergraduate students can currently use to enter the
US for a brief period of supervised research since they
are not eligible for the J-1 or H-1B visas). Please
note that J-1s and others in no-pay status are NOT eligible
for a Social Security Card (which is generally necessary
or useful for drivers licenses, bank accounts, cell
phone contracts, lease agreements, etc).
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Step 2: Contact OIS or Human Resources
to determine the appropriate Visa Category and follow
the Hiring Procedures listed on the website. See below
for visa types supported by OIS:
J-1 Exchange Visitor Program
F-1 Optional Practical Training
J-2 Visa Status with an EAD
Information for
common visa categories used at NC State for international
students and scholars is outline below. For questions
concerning admitting or employing international students
and scholars not found on this website, please contact
OIS and we would be glad to assist you. For information
about employment visas (H-1B, TN, O-1, permanent residency)
and non student/scholar visas (those with other Employment
Authorization Documents) should consult the International
Employment Services unit in Human Resources at: http://www2.acs.ncsu.edu/hr/intemployment/iemission.html
J-1 Exchange
Visitor Program for Scholars
The J-1 Exchange Visitor Program is managed by the US
Department of State which has designated NC State as
a J-1 Exchange Visitor Program Sponsor. Our office is
responsible for overseeing individual exchanges at NC
State. The J-1 program is for scholars who are coming
for a period of less than 3 years to conduct research
(or teach) on a specific topic. It should be the scholar’s
intention to return to his/her home country after the
research project is completed. The stay at NC State
can be either funded by NC State, personal funds, outside
organizations, home country, US government or a combination
of any of the above.
Minimum Requirements for J-1 Scholar Status
- Minimum of bachelor’s
degree in the proposed field of research
- The position must be a
temporary and non-tenure track position
- The position must not
involve clinical duties
- Funding to cover expenses
for scholar and all accompanying family members
Scholar - $15,000/year
Spouse - $7,200/year
Each child - $4,000/year
- Health insurance which
meets J-1 federal requirements for the Exchange Visitor
and dependents
$50,000 minimum per accident or illness
$500 maximum deductible per illness
$10,000 provision for medical evacuation
$7,500 maximum repatriation coverage
- Maximum periods of stay
Research Scholar or Professor - 3 years
Short Term Scholar - 6 months
- Sufficient English language
ability to communicate effectively
Information
about J-1 visa status:
Two Year Home Residency Requirement (212(e))
- After a maximum stay of
3 years in J-1 visa status as a Research Scholar or
Professor, some Exchange Visitors must return to their
home country for 2 years before they are eligible
to re-enter the US in H-1B visa status
- If subject to 212(e) they
are not eligible to change their visa status in the
US unless a waiver from this rule is obtained from
the US Department of State and USCIS
- This requirement only
applies to J-1 scholars and students who:
- receive funding for their
J-1 program from their home government or US government
- possess a skill needed
in the scholar’s home country (as indicated
on the “Skills List)
- are in the US to receive
medical education or training
- OIS does not assist
scholars in obtaining a waiver of 212(e) and is not
permitted to extend a J-1’s program if a favorable
recommendation for a waiver to 212(e) has been issued.
12 Month Bar
Scholars who have been in J-1 or J-2 visa status within
the previous 12 months for a period longer than six
months are ineligible to begin a new program in J-1
visa status as a Professor or Research Scholar until
they have been physically absent from the US for a complete
12 months.
Incidental Employment
- Professors and Research
Scholars may participate in occasional lectures and
short term consultations at other institutions if
authorized by OIS
- Consultations/ work must
be incidental to the exchange visitor’s primary
program activities and approved by the faculty supervisor
Extensions/Transfers
- Expiration memo is sent
to supervisor, scholar and departmental assistant
prior to DS-2019 expiration but it is the ultimate
responsibility of the scholar to be aware of his DS-2019
expiration date
- Extension and transfers
must be completed prior to the end date on DS-2019
- Scholars may transfer
to or from another institution which has a J-1 program
as long as their program objective remains the same
and there is sufficient time left within the 3 year
period
- NO extensions or transfers
of DS-2019’s are allowed if the scholar has
been approved for a waiver of 212(e) (see above)
- Changes to another J-1
category are permitted (e.g. to J-1 student category)
are possible only with the approval from the US Department
of State
Miscellaneous
- Prior to temporary travel
outside the US, the J-1 scholar must have the DS-2019
signed on back by OIS advisor and have a valid J-1
visa in passport in order to re-enter US in J-1 visa
status
- After the DS-2019 is issued
the department should advise OIS if the scholar
will not be participating in the J-1 program or his/her
arrival will be delayed
- Department should advise
OIS of any problems associated with the scholar
or family members
- Department should notify
OIS when the scholar departs program early (more
than 30 days) and returns home
- Scholars and Departments
should make an appointment to check in with OIS
immediately upon the scholar's arrival to campus and
securing a physical address
Inviting a J-1
Exchange Visitor
- If J-1 visa status is
appropriate, the departmental personnel coordinator
and supervising faculty member complete the DS-2019 Request
Form and return it to OIS (if funding is not from
NC State please attach proof of funding to the DS-2019
Request)
- OIS will prepare the
DS-2019 (Certificate of Eligibility) in SEVIS and
return it along with pre-arrival information to the
department
- The sponsoring department
sends the DS-2019, offer letter, and other pre-arrival
information to the scholar overseas who uses the form
to apply for a J-1 visa at the US Consulate or Embassy
overseas
The Scholar/Department
must make an appointment with OIS to check-in upon
scholar's arrival to NC State (no later than 30 days
from the Begin Date on the Form DS-2019). The scholar
must bring to the appointment the processed DS-2019s, I-94s, passport, and local address
information. OIS will fax to the personnel representative
in the hiring unit a completed "Nonimmigrant Employment
Certification and Visa Clarification," with a temporary
id number if the employee does not (yet) have a Social
Security Number, so that they may be placed on payroll.
H-1B or J-1
Status? Questions to Consider
- Will
the scholar be employed by NC State or funded by other
source?
If funded by a source other than NC State, the
scholar should probably come in J-1 visa status. The
H-1B visa requires an employer-employee relationship
with wages that equal or exceed the actual/prevailing
wages for the position.
- What
is the primary purpose of the visit? Employment or
Exchange? Positions
that are primarily for employment are limited to the
H-1B and TN visas. The J-1 visa is a “program
visa” that pre-supposes intercultural exchange
and the intention of returning to one’s home
country to share the newly acquired knowledge abroad.
- What
will be the NC State salary?
If filing for H-1B, the salary must meet prevailing
wage requirements as specified by the Department of
Labor. For J-1 status only minimum funding requirements
must be met.
- Will
employment be a non-tenure or tenure track appointment?
Tenure track appointments must be in H-1B status;
J-1 status does not
- How
quickly does the position need to be filled?
Obtaining H-1B visa status can take a long time
(a month or so if the premium processing route is
chosen or up to a half year if not). A DS-2019 Certificate
of Eligibility can usually be prepared by OIS within
two to three days. Applying for J-1 visa at a US Consulate
will vary depending on scholar’s citizenship,
country where s/he will apply for the visa, the scholar’s
particular field of research, etc.
- If
the scholar will be in J-1 visa status, will s/he
be subject to two-year home residency requirement?
If so, s/he will need to return to home country
for at least 2 years or obtain a waiver in order to
change his/her visa status.
- What
are the long-term plans of scholar and department?
It is important to have an idea prior to entry
to the US of a scholar’s or department’s
plans. Entry to the US in a particular visa status,
in some cases, may be irreversible so it is wise to
plan ahead. OIS does not issue forms DS-2019 (for
initial entry from abroad or change of status) for
expedited employment eligibility when an H-1B or some
other nonimmigrant visa is necessary or more appropriate.
F-1 Optional Practical Training
A benefit of being in F-1 student visa status is an
optional year of work experience authorized by the USCIS
for a position in the student’s field of study.
Oftentimes, the student uses this year of “practical
training” after s/he graduates from his/her degree
program. Individuals may be employed in this status
as long as they have an EAD card (employment authorization
document) and are working in a temporary position which
requires his/her degree level and field of study. F-1
Optional Practical Training cannot be extended. Most often, this year of
practical training is used as a bridge of employment
while an employer petitions for H-1B visa status. To
apply for practical training an F-1 student should file
through the international office at the US university
where s/he earned (is earning) his/her degree. Departments
wishing to employ individuals with F-1 Practical Training
should have the individual meet with an OIS advisor
and bring with him/her to the appointment the EAD card,
letter of offer prepared by the NC State hiring department
indicating the salary and dates of employment, copy
of the individual's Form I-20 and I-94 card. OIS will
issue an employment certification/verification form
during the meeting and fax it to the hiring unit for
back-up documentation.
J-1 Academic Training (AT):
Academic training is off-campus or post-completion employment
in a J-1 student’s field of study. The employment
must be directly related to student’s academic
program and recommended by his/her academic adviser.
A student is eligible for a maximum of 18 months of
academic training either prior to or after completion
of studies or a combination of both. The J-1 Program
Sponsor authorizes J-1 academic training. J-1 students
whose Program Sponsor is NC State must obtain written
approval in advance and in writing from OIS before
engaging in any employment. For more information regarding
eligibility requirements and application procedures
please consult with an OIS adviser.
J-2 Visa Status
J-2 visa holders are the spouses (or children under
21) of students and scholars who are in J-1 visa status.
J-2 visa holders are eligible to apply to USCIS for
work authorization and may be employed once they have
received an EAD card (employment authorization document).
They are not limited to where they work but their visa
status and work authorization is contingent upon the
J-1 visa holder maintaining his/her visa status. Departments
wishing to employ J-2 visa holders should have the individual
meet with an OIS advisor and bring with them to the
appointment the EAD card issued by USCIS and letter
of offer prepared by the NC State hiring department
indicating the salary and dates of employment. OIS
will issue an employment certification/verification
form during the meeting.
NIVE Certification
As a service to hiring units on campus, OIS and the
International Employment Services Unit in Human Resources
can assist in ascertaining whether or not applicants
and employees from other countries can work on campus.
Depending on the nonimmigrant visa status of the applicant,
either OIS (for those in F-1 or J-1 status) or HR
(for Hs, TNs, Bs, etc.,) can sign and fax to the hiring
department a NIVE Certificate, which can be used as
back-up documentation for appointments in Peoplesoft.
Hiring units should ask their new or pending international
employees to complete the first page and then the personnel
representative in the hiring unit should complete the
top section of Side B. The form (available online at:
http://www.ncsu.edu/oisss/pdf/NIVECERT2004.pdf)
can then be faxed or mailed to OIS (for F-1s and J-1s)
OR Human Resources (for Hs, Bs, TNs, those with non-student
or non-exchange types of employment authorization) along
with photocopies of any appointment letters, EAD, visa
stamp, I-94, I-20, DS-2019, etc., for review. An appointment
is oftentimes not necessary to send the documents and
for the completion of the NIVE certificate (as long
as everything is legible and in order), but please do
NOT send a new international employee to either OIS
or HR without first making an appointment and sending
the necessary supporting documents. New J-1 Scholars
have their NIVE certificate completed during their check-in
at OIS. International students at NC State University
who are working “incident to status” do
NOT receive a NIVE certificate and this form is not
a part of any back-up documentation for these types
of bi-weekly employees.
Honoraria and
Reimbursements
International visitors who will be in the US for a brief
period MAY be eligible to receive
honoraria and/or reimbursed for travel and per diem
for university related academic activities if certain
requirements are met – please check with the appropriate
office BEFORE promising payment to your visitor or inviting
your visitor to come to campus. For information on how
to pay honoraria to nonimmigrant visitors contact the
Nonresident Tax Specialist at Payroll at 515-4370. For
information on how to reimburse visitors for travel
or per diem contact Accounts Payable at 515-7132.
Department Responsibilities
As the employer and host of an international scholar
the NC State Department is responsible for overseeing
certain aspects of a scholar's stay while at NC State.
These responsibilities range from pre-arrival communication
to the scholar's departure from NC State.
The following checklist highlights important actions
that departments should take to ensure the smooth arrival
and transition of international scholars and their families
into US.
Pre-Arrival:
- Decide upon the position
title of the scholar
- Contact OIS or HR regarding
appropriate visa status and processing
- Designate a primary contact
person in the department with whom the scholar will
communicate prior to and during his stay with the
department
- Communicate housing options
to the scholar; make appropriate short or long term
accommodations
- Communicate cost of living
facts to the scholar
- Clarify expectations of
the scholar's visit/position and support to be given
with regards to office space, equipment, lab/office
space, telephone, computer, clerical support, etc.
- Be sure that no-pay employees
understand that they will not be eligible for a social
security card (driver’s license, etc.,)
- Contact OIS if an incoming
J-1 Visitor cancels, will be delayed, or cannot be
oriented within 30 days of the Program Begin Date.
Upon arrival
and throughout the stay:
- Provide airport pick up
and transportation to campus (and/or to temporary
housing)
- Make sure the scholar
has adequate long-term housing
- Schedule an appointment
for all new scholars to attend an orientation session
at OIS. Please accompany them to the session. An
OIS staff member will provide information regarding
visa status, social security numbers, and other general
information. A packet with useful information is also
provided during this session. New scholars must bring
immigration documents (passport, I-94, visa certificate,
etc.,) and their local residential address information.
- Give the scholar a tour
of the campus and department; inform them of any "housekeeping"
rules they should be aware of (lab training, benefits
orientation, keys, etc.,)
- Assist them in obtaining
office space or other "set-up" procedures
(ID card, Driver’s license, etc.,)
- Introduce the scholar
to colleagues in the Department
- Discuss the research project
and/or teaching assignments and make sure you both
agree to and understand what is expected from the
visit
- Notify OIS of any changes
in the research program or any problems that may arise.
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Pre-Departure:
Have the Scholar complete the Departure Form
Make sure the Department completes all termination procedures
with NC State University for paid and unpaid positions.
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Resources for Departments
There are a number of resources available to assist
Departments with new scholars at NC State.
OIS offers a number of programs to help scholars and
their families get acclimated to life in the US including
English Language programs. Please see the OIS Programs
web page for specific details.
OIS Pre-Arrival Information for new
Scholars and Families
This page was written and posted for academic
and research units at NC State University that employ
or support international scholars (primarily J-1 Exchange
Visitors and F-1 Optional Practical Training employees)
at NC State University. For information regarding H-1B,
TN, O-1, B-1/B-2, Visa Waiver program and other employment
visas (or Permanent Residency / “Green Cards”),
please consult International Employment Services unit
in Human Resources at: http://www2.acs.ncsu.edu/hr/intemployment/iemission.html.
Those not affiliated with NC State University, should
consult a qualified immigration attorney for assistance.
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