Be open about career options. Most H1-B visa holders are required to pay federal taxes and Social Security withholding. The Berkeley Lab Postdoc Association is an organization run by and for about postdocs and early career scientists working at the Lawrence Berkeley National Lab. Green Card, even without an employer sponsorship or a lawyer's help. Learn about the J-1 to H-1B visa process including the cap, processing time, H1-B cap and more in this post.
J-1 Exchange Visitor programs include au pairs, summer work travel, interns, high school and university student exchanges, physician exchanges and more. Attorney Chris M. This does not mean that the requirements to obtain an O1 are any lower I agree with the answers you have been given thus far.
The underutilization of the O-1 visa appears to be based on a common misconception among practicing attorneys, employers, and even the J-1 physicians themselves that O-1 status, within the medical and scientific community, is only available to well-published researchers.
Facebook might likely does have even better odds owing to having good lawyers and good candidates. Some of the advantages and disadvantages of the O visa or status include: O visa holders can work legally in the U.
Non-Immigrant Employment Visa Types
Some metrics could be having been chosen by a company as part of a test or demonstration of a new technique, device or drug, being invited to write or speak, peer reviewing, etc.
This is a broad term that generally refers to any major change in the nature of your work or in your work environment. Requests for H-1B status for postdocs are reviewed by a university review board.
I am a graduate student in Ireland. Enjoy our website. The J-2 spouse is eligible for work authorization upon receiving the employment authorization document. J1 visa. Generally, all O-1 visa applications must include the following: DS nonimmigrant visa application confirmation page;O-1 Visa: Individuals with Extraordinary Ability or Achievement.
If you want to live and work in the United States, one employer must become your visa sponsor and file work visa or green card petition on your behalf. State Department. H1 is difficult due to the quota, O1 is difficult because it requires fairly outstanding qualifications distinguished fashion model in the industry, including titles in widely-regarded contests of first rank, magazine photos etc.
I will likely come back to America for work or to visit friends, and I wouldn't want that to get in the way. The part-time EB rate will be charged for this position. It's often a good idea to get specialized legal help if you're applying for an O-1 visa, although a good university international center should have sufficient resources to manage the paperwork. For a clinical doctor, the O-1 will take more creativity.
The O1 visa is a great option to live and work in the US for extended periods of time. But I am paranoid that I will be obtaining a "unlawful stay". I received partial funding from Ireland, however I am not an Irish citizen.
According to sfmatch. The J-2 spouse must certify, however, that he or she is not obtaining the EAD in order to financially support the J-1 spouse. But it doesn't have to be. As explained above, the O-1 is a dual intent visa and the most applicable green card as a Ph.To qualify for an O-1 visa, you must demonstrate extraordinary ability by sustained national or international acclaim, or a record of extraordinary achievement in the motion picture and television industry, and must be coming temporarily to the United States to continue work in the area of extraordinary ability.
Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that you are one of the small percentage who have arisen to the very top of the field. Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of the arts. This is evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that you are prominent, renowned, leading, or well-known in the field of arts.
To qualify for an O-1 visa in the motion picture or television industry, you must demonstrate extraordinary achievement. In the case of an O-2 visa holder in the motion picture or television industry, you must have skills and experience with the O-1 visa holder that are not of a general nature and which are critical either based on a pre-existing longstanding working relationship or, with respect to the specific production, because significant production including pre- and post-production work will take place both inside and outside the United States and your continuing participation is essential to the successful completion of the production.
Your employer or agent cannot file the petition more than one year before they actually need your services.
To avoid delays, your employer or agent should file your Form I at least 45 days before the date of employment. When a consultation includes a watermark or other distinctive marks to confirm the authenticity of the document, petitioners should submit to USCIS the version containing the watermark or other distinctive marks.
Copies of documents that do not contain the appropriate watermark or other distinctive marks may raise doubts about the authenticity of the document and may result in processing delays. To avoid processing delays, petitioners should ensure that they submit the appropriate version and that any associated watermark or other distinctive marks are legible.
Request Visas for Postdoctoral Scholars
If your employer or agent can demonstrate that an appropriate peer group, including a labor organization, does not exist, then we will base our decision on the evidence they submit in support of the Form I We may waive a consultation if you have extraordinary ability in the field of arts and you are seeking readmission to perform similar services within two years of the date of a previous consultation.
Your employer or agent should submit a waiver request and a copy of the previous consultation with the petition. The Petitioner must submit a copy of any written contract between you and the petitioner or a summary of the terms of the oral agreement under which you will be employed. The petitioner must provide an explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities, if applicable.
The petitioner must establish that there are events or activities in your field of extraordinary ability for the validity period requested such as an itinerary for a tour or a series of events.
The petitioner must provide evidence demonstrating your extraordinary ability in the sciences, arts, business, education, or athletics, or extraordinary achievement in the motion picture industry. The record must include at least three different types of documentation corresponding to those listed in the regulations, or comparable evidence in certain circumstances, and the evidence must, as a whole, demonstrate that you meet the relevant standards for classification.
Your employer or agent should file Form I, Petition for a Nonimmigrant Workeron your behalf, along with the required evidence according to the form instructions. They must petition for you in connection with the services of an O-1 artist or athlete, but you and the O-1 artist or athlete must each have your own Form I Your employer or agent cannot file your Form I more than one year before the artist or athlete will begin employment.
In addition to Form I, Petition for Nonimmigrant Worker, the petitioner must submit the following documentary evidence:. If you will support of an individual with extraordinary ability in athletics or the arts, the consultation must be from the appropriate labor organization; or.
If you will support of an individual with extraordinary achievement in motion pictures or television, the consultation must come from an appropriate labor organization and a management organization with expertise in the skill area involved. The evidence should establish your current essentiality, critical skills, and experience with the O-1 beneficiary and that you have substantial experience performing the critical skills and essential support services for the O Once we approve your petition, you can apply for your visa at a U.
Embassy or Consulate. Department of State DOS establishes visa application processing and issuance fees. As an O nonimmigrant, you may be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends.
You are only authorized to work during the validity period of the petition. If you need to extend your stay to continue or complete the same event or activity, your employer or agent must file the following documents with USCIS:. To help us process your request, the statement should describe the event or activity that was the basis for the original approval and confirm that the extension is needed so you can continue or complete the same event or activity as described.
For more information see our Form I page. They may not work in the United States under this classification, but they may participate in full-time or part-time study on an O-3 visa. If an agent filed your original petition, your new employer must file an amended petition with evidence showing they are your new employer and a request for an extension of stay.
If there has been any material change, those other than the addition of additional performances or engagements that require someone of extraordinary ability, in the terms and conditions of your employment or eligibility, your employer or agent must file an amended Form I with the service center where the original petition was filed.
There are special rules for O-1 professional athletes.Ingram is dedicated to providing the very best in US Immigration legal representation. Being in the O-1 visa status does not waive the requirement, but postpone the requirement for the time the individual holds O-1 status. Your first step is to create free career profile and upload resume.
Generally, all O-1 visa applications must include the following: DS nonimmigrant visa application confirmation page;O-1 Visa: Individuals with Extraordinary Ability or Achievement. Some metrics could be having been chosen by a company as part of a test or demonstration of a new technique, device or drug, being invited to write or speak, peer reviewing, etc. For a clinical doctor, the O-1 will take more creativity. The J1 visa can be extended for up to a five year period of stay, has a relatively quick processing time, and is fairly inexpensive; there is currently a 0 fee, plus any consulate application fees.
Applying for any visa requires attention close attention to detail; if you make a mistake or improperly represent yourself your visa will be denied. Green Card, even without an employer sponsorship or a lawyer's help. The International and Postdoctoral Services Office IPSO has prepared this information to assist departments in determining if sponsorship is appropriate for their hiring needs and how to facilitate an O-1 petition for adjudication by U.
Do you have questions on the recently revised Public Charge final rule that became effective on February 24, ? Find answers here. If you are an individual who has proven extraordinary abilities in the science, arts, television, business or athletics fields, you can get an O-1 visa to work or engage in a specific activity related to your field in the United States.
If the alien resides in the U. Transfer Your O-1 Visa Employer. The J-2 spouse must certify, however, that he or she is not obtaining the EAD in order to financially support the J-1 spouse.
The J-1 visa is a temporary visa classification, and it actually does not allow for dual intent. The process for receiving an O-1 visa is incredibly tedious. Learn about the J-1 to H-1B visa process including the cap, processing time, H1-B cap and more in this post. J-1 visa holders may be able to obtain an O-1 visa even if they are subject to the two-year home residency requirement. This will be your most likely visa status if you decide to do a postdoc in academia after your PhD.
If interested, work on acquiring Legal Permanent Residence Green Card, self sponsorship or employer-based or an O1-visa employer-based, only if you plan to pursue a career in the US and are not a US citizen. The J-2 spouse is eligible for work authorization upon receiving the employment authorization document.
The O-1 visa category allows foreign nationals with "extraordinary ability" in the sciences, education, business, athletics, the arts, motion picture or television to come to the U. The O1 visa is a non-resident US visa for people who demonstrate extraordinary ability in their field, whether that be the arts, sport, business, education, or the sciences.
I am not subject to the 2-year rule I obtained an advisory opinion from DOS. Requests for H-1B status for postdocs are reviewed by a university review board. Your credentials will be reviewed with an especially critical eye so while you certainly have an impressive background, the present O-1 Visa Category The O-1 status is designed for those who have extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation.
You will also need to file this same form if there is some "material change" in your work. Y: I agree with the answers you have been given thus far. Supporting Documents. University Of Colorado was ranked among all visa sponsors. This extraordinary ability must have been demonstrated by sustained national or international acclaim.
Be open about career options. The spouses of these doctors live, and sometimes work, in the U. H-1B visas are viewed as exceptions.
Cap-subject H-1Bs are numerically limited as there is a numerical quota of 85, total H-1B visas approved each fiscal year: 65, visas plus 20, reserved for individuals who have obtained a US Master's degree or higher degree including a PhD degree. Being in the O-1 visa status does not waive the requirement, but postpone the requirement for the time the About half the postdoctoral trainees in the United States, or so--come from foreign countries.
According to sfmatch.Although there are a variety of visas available depending on the details of your visit to the United States, the most common visas utilized for temporary research are the J-1 or H1-B visas. Both the J-1 and H-1B visa categories for postdoctoral students require certification by your educational institution that you have the essential academic and employment backgrounds, as well as the financial suitability to support yourself during your research stay.
Each institution has individualized policies and procedures to secure these types of visas, as well as their own time-frame to get the required certifications. After the institutional certification process is completed and documents received, you are required to secure a visa at a U. The policies and procedures for issuing visas will differ from country to country. When securing the visa stamp, you must have a passport that is valid for six months beyond the anticipated ending date of your postdoctoral appointment.
When entering the U. After the entry interview, you will receive a document that will register the amount of time granted for your research stay in the United States. H-1B visa holders are generally admitted until the ending date on the H-1B approval notice. You may be approved for H-1B status for a three year period, which is renewable for up to six years.
During your research stay in the U. Failure to do so may result in severe penalties. If you require more time on the same type of visa while you are in the U. The time frame for getting the extensions may vary, depending on the Immigration Service Center receiving your request.
If you return to your home country during your research stay and you need more time on your visa stamp, you can go to a U. The two year home residency requirement only applies to some J-1 visa holders.
The home residency requirement is imposed if your home country requires your specialized skills noted on the J-1 Skills List from the Department of Stateor if you are receiving U. You must live in your home country for two years before applying for permanent residency in the United States or an H-1 visa.
You can read more about the J-1 visa and J-1 waivers. The DS is a certificate of eligibility for a J-1 visa and confirms that the institution has screened for appropriate academic and financial ability to undertake the research stay in the U. The DS has an expiration date and must be maintained with periodic institutional validations. Disclaimer : This website provides only general information and not legal advice on solving specific immigration law issues.
All rights reserved. Frequently Asked Questions by Postdoctoral Students What type of visas are generally available for postdoctoral students? What is the process for obtaining a J-1 or H-1B visa for me, as a postdoc?
How long can I remain in the United States in J-1 status? What information do I need to give to my university? Can I extend my time in the United States? Will I be required to go back to my home country?
What is a DS? What type of visas are generally available for postdoctoral students?Disclaimer: The contents of this post are intended to convey general information only and not to provide legal advice or opinions. The contents of this post should not be relied upon for legal advice in any particular circumstance or fact situation. The information presented may not reflect the most current legal developments. Further, this post may contain technical inaccuracies or typographical errors.
No action should be taken in reliance on the information contained in this post and we disclaim all liability in respect to actions taken or not taken based on any or all the contents of this post. An attorney should be contacted for advice on specific legal issues. In this very special blog post, we have teamed up with Rachel Casseus, Esq.
The purpose of the blog is to present information and answers to some commonly asked questions. After you have read the blog, please feel free to ask questions.
5 Visa Options International PhD Students Must Know To Work In The U.S.A.
We will pick the most commonly asked questions and will publish them in the future. We are unable to answer questions specific to individual postdocs.
Please consult an immigration attorney with questions specific to your particular situation. You have a number of options, as long as you meet the qualifications to obtain approval in the specific eligibility categories:. There are a number of paths to a visa or permanent residence i. Green Card for researchers. The H-1B visa is the most common and widely used visa category for companies to hire foreign nationals.
The H-1B allows U. The foreign worker must possess at least a bachelor's degree or its equivalent and state licensure, if required to practice in that field.O1 Visa Interview: Tips to Ace Your O1 Visa Interview
H-1B work-authorization is strictly limited to employment by the sponsoring employer. Employers may request H-1B work-authorized status for an initial period of up to three years.
After this initial period, the Employer may request an additional period of up to three years, for a total of six years. A foreign national who has completed six years in H-1B status will be required to leave the United States for at least a year before again becoming eligible to be sponsored for an H-1B visa for a new period of six years without having to go through the cap process.
H-1B holders who have exceeded their 6 year limit may receive extensions of their H-1B status if the foreign national is the beneficiary of an approved employment-based immigrant visa petition but is unable to adjust status to permanent residence in the U. Cap-Subject H-1B visas are assigned by lottery. Does this mean that someone is picking out of a hat? I hope not. There are less than 85, H-1B visas available each year and the supply of these visas is typically exhausted within the first week of filing April 1- April 5.
Every year, H-1B visas are granted in two primary groups. D or higher than bachelor's degree group and another 58, visas for foreign nationals who have obtained a U. These visas are generally under-used and remain available throughout the fiscal year. Incomplete petitions are sorted for immediate rejection. Applications that clear the initial quality check will be sorted into two batches, one for petitions on behalf of individuals holding a U.International Faculty Advising assists all Penn State departments and campus locations in sponsoring International faculty to teach and conduct research for both temporary and tenure-track faculty.
We also provide permanent resident services for tenure-track faculty. The most common temporary employment visa classifications used by Penn State are listed below:.
The O-1 status is designed for those who have extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation. Skip to main content. The most common temporary employment visa classifications used by Penn State are listed below: O-1 Visa Category The O-1 status is designed for those who have extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation.Bechtel International Center handles visas and compliance and offers services, guidance, and seminars for postdocs and administrators on visa and immigration issues.
International postdocs are sponsored on J-1 visas.
Prospective postdocs in the U. Other visa statuses including H-1B sponsorships are rare and require policy exceptions see H-1B and J-1 visa comparison and further information below. Postdocs receive J-1 Research Scholar sponsorship. Do you have questions on the recently revised Public Charge final rule that became effective on February 24, ? Find answers here. F1 OPT. Sponsoring departments originate a J-1 request online aka a DS request.
The request is approved by OPA in conjunction with approval of the postdoctoral appointment. Upon appointment approval, approval of the DS follows and it is forwarded to Bechtel for further processing. OPA requires complete appointment information submitted online to accompany an initial visa request for a new scholar.
If all requirements for the doctoral degree have been met, but the University has not confirmed award of degree and issued a letter of completion, the appointment cannot be approved. The DS extension web form is submitted by the department administrator with a Change Request web form noting extension of the appointment.
Both web forms are required to approve the extension. The sponsoring department originates a J-1 extension request online.
O1 visa postdoc
Department administrators are responsible for implementing University policy and procedures in compliance with federal regulations. Stanford's official representative for processing visa requests for postdoctoral scholars is the Bechtel International Center. H-1B visas are viewed as exceptions. Requests for H-1B status for postdocs are reviewed by a university review board. In the absence of compelling circumstances that support an H-1B request or petition, the scholar will be expected to be in a J-1 status.
The H-1 Visa Overview.