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Faculty Considerations for J and H Visas

The following information is intended to assist Faculty in selecting the best course of action when sponsoring foreign Postdoctoral Fellows at Scripps:

The J-1 Visa

  1. The J-1 Exchange Visitor Program approved for The Scripps Research Institute by the Department of State is focused on scientific research for post-doctoral fellows, visiting researchers, visiting faculty, and guest scientists. A J-1 visa is not intended to be a long-term employment position according to standards set forth by the Departments of State and Homeland Security.
  2. The J visa is flexible in its terms and conditions, including
    • At-will appointment;
    • Easily transferable from one J-1 Exchange Visitor Program sponsor to another;
    • Salary ranges are subject only to Scripps policies and guidelines;
    • Funding is possible from a variety of sources, including grants and fellowships.
  3. J visa holders can benefit from certain tax exemptions and may also qualify for tax benefits under certain Tax Treaties. See IRS publication 109 available online at http://www.irs.gov/pub/irs-pdf/p901.pdf.
  4. Unlike most other visa types, the J-1 visa holder's dependant spouse (J-2) may apply for a work permit and work in any type of employment provided that the employment is not the primary reason for coming to the United States and that the income is not needed or used to provide the family's primary care.
  5. The J-1 Visa is now good for a maxium of five years for research and educational institutions such as Scripps.
  6. J-1 visa holders from certain countries with defined skills or who have received direct government funds are subject to a two-year home residency requirement. See 212e attachment for explanation.

The H-1B Visa

  1. The H-1B visa category is for employment. Employment is understood to be a regular employment position. When sponsoring an H-1B, the PI takes on a significant commitment to the Department of Homeland Security (DHS - formerly INS) and the Department of Labor. H-1B visa is dual intent allowing for both non-immigrant and immigrant intent.
  2. The H-1B visa is valid for a maximum of six years in three year increments.
  3. Wage rates are regulated by both state and federal departments of labor. Wages paid to an H visa holder must be the government's approved prevailing wage or the institute's wage scale, whichever is higher.
  4. Since H visas are employer specific, all H-1B visa wages must be paid by or through Scripps Research. The H-1B visa holder is not allowed to receive any other funding except from Scripps. If a J-1 visa holder receiving direct fellowship or grant funds outside Scripps moves to an H-1B visa, that fellowship or grant money must be paid to Scripps directly.  Then Scripps pays the H-1B visa holder.
  5. H-1B visa holders are taxed as regular employees. Some H visa holders from countries with tax treaties may qualify for some exceptions. Tax Treaty information is available from IRS publication 109 online at http://www.irs.gov/pub/irs-pdf/p901.pdf.
  6. Dependant spouses of H visa holder (H-4) are not allowed to work.
  7. H-1B visas are employer-location specific. This means the visa holder must be physically located at Scripps for work to be performed at Scripps Research. Any deviation from this requires an amended petition.
  8. Material changes to the terms of employment during the period of an H-1B visa require the submission of an amended petition to DHS (e.g., change of title from research associate to staff scientist).
  9. Besides the $325 filing fee, the H-1B visa will require a Premium Processing fee of $1,225 in order to have case adjudicated in 15 days. In addition there is a mandatory Anti Fraud Fee of $500 for all cases except extension or amendment for current H-1B employees of Scripps Research.
  10. Terminating an H-1B visa employee before the end of his/her visa period requires the PI to offer to pay the visa holder's transportation home to his/her country of residence.