|
J-1
Visa
|
H-1B
Visa
|
TN-1
Visa
|
| PURPOSE |
The Exchange Visitor Program is intended
to foster international social, scientific and cultural exchange.
Many if not most program sponsors are universities, where the environment
for such exchange is acknowledged to be highly rewarding and productive |
It is a 'specialty occupation' visa for
temporary employment. Stanford must demonstrate that the job in
question is one that requires special preparation, and that the
person for whom the petition is being filed has that education or
preparation. |
Based on the Free Trade Agreement between
the US, Canada & Mexico(NAFTA), Canadians engaged in certain
professions (as listed in Schedule 2 of the agreement) may apply
for TN-1 status. The below information applies to Canadian TNs only.
This visa status also applies to Mexicans with many differences.
Please contact Bechtel for more information on TNs for Mexican citizens. |
| CRITERIA
FOR APPLICATION: |
J-1
For Visiting Scholar/Postdoc eligibility for J-1 status:
proof of a Ph.D. is required.
For Visiting Researcher (without Phd),must be registered
for PSO status
|
H-1B
The field of endeavor must be one in which a Bachelor's degree
would be considered a minimum requirement, and the alien must
possess at least that degree or its foreign equivalent. At Stanford,
H- lB status is regularly petitioned for on behalf of postdoctoral
scholars, research staff, academic staff such as Research Associates,
Lecturers and Librarians, and of course, faculty members, both
Visiting and Regular. In essence, anyone who meets the criteria
noted above and who is paid a wage by Stanford for services rendered
may be eligible for the University's petition. Matriculated students,
visiting scholars and other individuals who do not have a regular
payment-for services rendered relationship with Stanford would
not be so eligible.
|
TN
For Canadians, must show:
1) Proof of Canadian citizenship
2) Letter of job offer
3) Copy of highest academic degree (baccalaureate minimum degree
required)
4) Application fee
|
| LENGTH
OF VISA: |
J-1
5 years maximum for those in Professor/Research Scholar Category;
6 months maximum for those in Short-term Scholar category |
H-1
3 years initial request; 3 additional years.
|
TN
One-year increments only, with unlimited extensions
|
| HOME
COUNTRY RESTRICTIONS: |
J-1
Holder may incur a 2-year home rule restriction if the home country
is on the 'Skills List'; or if funded by home country government,
Fulbright Fellowships, etc. This means the visitor must return
to their home country for 2 years 1) before they are eligible
to be approved for a visa such as the H- 1B or 2) before they
can be approved for a green card.
|
H-1B
None
|
TN
None
|
| IMMIGRATION
STATUS: |
J-1
Considered a non-immigrant visa
|
H-1B
Congress declared that the H visa should be a dual-intent classification.
As such, it is not relevant to an application for an H visa to
determine whether requestor intends to return to his/her home
country, or perhaps plans to remain in the US indefinitely.
|
TN
Considered a non-immigrant visa
|
| WORK
RESTRICTIONS ON DEPENDENTS: |
J-1
Dependents on J2 visas may apply for work permits. However, they
cannot be Stanford postdocs receiving either stipend or salary
through the University.
|
H-1B
Dependents may not work.
|
TN
Dependents may not work.
|
| PAY
SOURCE: |
J-1
Can be paid from grant or fellowship
|
H-1B
Cannot be paid from a fellowship
|
TN
Cannot be paid from a fellowship
|
| WHAT
IS PREVAILING WAGE: |
J-1
None specified
|
H-1B
Determined by EDD, a state agency, which is entrusted by the
Dept. of Labor to survey salaries in Calif. and set a prevailing
wage
Prevailing wage for postdocs in California for H-1 Visa status
is currently between $30,00-32,500/year.
|
TN
None specified
|
| PROCESSING
TIME: |
J-1
4-6 weeks (if change of status is requested from USCIS within
the U.S.) Otherwise, the potential J-1 would travel to his/her
home country with an DS-2019 from the sponsoring institution,
obtain the J-1 visa in the passport and re-enter the U.S. in
J-1 visa status |
H-1B
3-4 months
H-1 visas must be approved by the USCIS in the United States,
even if the beneficiary will be applying for the H visa outside
the U.S. |
TN
This visa status is most easily obtained by a Canadian citizen
at a border crossing and is generally adjudicated within two to
three hours. Please refer to the documetation available from Bechtel.
If requested from inside the US, allow 2-3 months processing time.
|
| TAX
DISTINCTIONS: |
J-1
Tax implications are present when visa holders travel, depending
on treaties, source of pay, etc. IRS considers stipends very differently
than it does salaries, and treaties reflect this difference.
|
H-1B
IRS considers H1b visa holders to be temporary workers and therefore
not eligible for fellowships. They also can incur tax penalties
when reimbursed for traveling. IRS considers stipends very differently
than it does salaries, and treaties reflect this difference
|
TN
IRS considers TN-1 visa holders to be temporary workers and therefore
not eligible for fellowships.
|
| TRANFERRING
VISA TO NEW EMPLOYER: |
J-1
J-1s may transfer under the following circum-stances:
1- they retain the same category (ie., Student, Professor, Research
Scholar etc.)
2- they have not used up the time available in their category
(for Professor and Research Scholars, this is 5 years; for
Short Term Scholars,this is 6 months)
3- they have maintained good standing with their previous J program
sponsor
4- their previous J sponsor is _willing_ to allow the transfer.
Transfers from Fulbright and other large program sponsors may
be problematic.
Note that having a 2 year home rule should not impact making
a transfer from one institution to another.
*Also, there is no way to issue a new Professor or Research Scholar
J visa if the person has been in *J status in the
U.S. for more than 6 of the previous 12 months. (*any
J status including students, J-2s, etc. but excluding Short-term
Scholars)
|
H-1B
There is no mechanism for transfer of an H-1B petition from one
employer to another. The entire H- 1B process must be redone by
the new employer including copies of CVs and transcripts.
|
TN
Addition of new and/or multiple employers may be made at port
of entry or pre-flight clearance.
If a Canadian wishes to change TO TN status from another visa
status within the US, a change of status may be applied for on
form I-129, plus fee. Dependents changing status on form I-539,
with fee plus additional fee for each dependent.
|
| CAP
ON # OF VISA HOLDERS |
J-1
None
|
H-1B
There is no cap for H-1Bs in institutions of higher education |
TN
None for Canadians; 6,500 for Mexicans
|