The following information is intended to assist Faculty in selecting
the best course of action when sponsoring
foreign
Postdoctoral Fellows at TSRI:
1.
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The J-1 Exchange Visitor Program approved for TSRI 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 |
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a. |
At-will appointment;
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b. |
Easily transferable from one J-1 Exchange Visitor Program sponsor to another;
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c. |
Salary ranges are subject only to TSRI policies and guidelines;
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d. |
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. |
Dependant spouse (J-2) may apply for work permit and work in any type of employment.
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| 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.
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1.
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The H-1B visa category is for employment. Employment
is understood to be a regular employment position. When sponsoring
an H-1 B, 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.
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2.
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The H-1B visa is valid for a maximum of six years in three year increments.
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3.
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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. |
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| 4. |
Since H visas are employer specific, all H-1B visa wages
must be paid by or through TSRI. The H-1B visa holder is not
allowed to receive any other funding except from TSRI. If
a J-1 visa holder receiving direct fellowship or grant funds
outside TSRI moves to an H-1B visa, that fellowship or grant
money must be paid to TSRI directly. Then TSRI pays the H-1B
visa holder.
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| 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.
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| 6. |
Dependant spouses of H visa holder
(H-4) are not allowed to work.
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| 7. |
H-1B visas are employer-location specific. This means the
visa holder must be physically located at TSRI for work to
be performed at TSRI in La Jolla, CA. Any deviation from this
requires an amended petition.
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| 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).
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9.
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Besides the $320 filing fee, the H-1B visa will require
a Premium Processing fee of $1000 in order to have case adjudicated in 15 days. In addition there is a mandatory Anti Fraud Fee $500 for all cases except extension or amendment for current H-1B employees of TSRI.
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10.
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Terminating an H-1B visa employee before the end of his/her
visa period requires the PI to pay the visa holder's transportation
home to his/her country of residence. |
