TSRI International Office

Visa Options at a Glance

An international scholar is usually defined as a non-immigrant alien temporarily engaged in a scholarly activity, i.e. teaching, conducting research, observing, etc. Significant factors in determining the most appropriate visa/status include:

• Whether the scholar will receive any type of TSRI compensation
• The length of stay at TSRI
• Future plans of both the scholar and the PI/Lab

Eligibility for a particular visa classification is determined by federal regulations. No person(s) at TSRI is legally authorized to promise, offer, or sign for a visa of any type except the International Office staff.

The following information is a guide to the various visa options available to TSRI international scholars.

B-1 Visitor for Business (pdf)
B-1 visa status can be used by visitors who will receive no TSRI salary or payment other than reimbursement for expenses and will be in the U.S. for a short time-less than 6 months. (If certain conditions are met, B-1 visitors can receive an honorarium.) The visa must be obtained from a U.S. consulate abroad supported by a letter of invitation from the PI/Lab. Please refer to sample invitation letters. The scholar must show strong ties to their home country or place of permanent residence in order to obtain a B-1 visa.

Visa Waiver Program - WB (pdf)
This program allows citizens of 34 countries* to enter the U.S. without a visa. Visitors must receive WB status at the U.S. port of entry, not stay in the U.S. longer than 90 days or change to any other status, and not engage in employment or receive a U.S. salary. WB visitors can receive reimbursement of expenses and, if certain conditions are met, receive an honorarium. Prospective WB visitors must have an invitation letter from a TSRI PI/Lab. Please note: as of October 26, 2004, all persons entering the U.S. in WB status must present a machine-readable passport. As of October 26, 2005, passports must contain biometric identifiers.

New As of November 17, 2008, nationals of the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Republic of Korea and the Slovak Republic are able to travel without a visa for tourist and business travel of 90 days or less provided they possess a biometric passport and register on-line through the Electronic System for Travel Authorization (ESTA).

New Effective January 12, 2009, citizens or nationals from ALL Visa Waiver Program countries will be required to obtain an approved travel authorization via ESTA in order to be eligible to travel to the United States under the Visa Waiver Program. In order to apply for an ESTA, travelers must go to https://esta.cbp.dhs.gov/, follow the instructions to answer all of the required questions, and submit an application for travel authorization. Travelers will not be able to submit ESTA applications at a U.S. port of entry or a U.S. embassy or consulate.

F-1 Practical Training or J-1 Academic Training
These options are available only to current students or recent graduates of U.S. universities. They may obtain permission to accept employment in their area of study. F-1 students can receive up to 12 months of practical training. J-1 students can receive 18 months of academic training and extend for an additional 18 months for postdoctoral research. Authorization is granted either by USCIS or by the student's sponsoring educational institution, depending on the type of employment and visa status. When this status expires and TSRI wants to continue employment, the scholar must change to a different status. Labs should request a new visa classification six months before F-1 OPT or J-1 academic training expires.

J-1 Exchange Visitor
J-1 visa status is the most frequently used and the most appropriate status for international postdoctoral scholars, visiting professors/researchers, and Ph.D. student interns. Lengths of stay vary by category.

• J-1 Research Scholar (maximum 5 years)
• J-1 Short-term Scholar (maximum 6 months)
• J-1 Ph.D. Student Intern (maximum 12 months)

Documentation and processing time for prospective J-1s are usually minimal. J-2 spouses may apply to the USCIS for work authorization, which takes 90 days or longer to obtain. Funding sources for J-1 visa holders can come from TSRI or an outside source (except personal funds). Some J-1 researchers may be subject to the two-year home residency requirement (212e). To host an international scholar in your lab, please contact the International Office for guidance and instructions for application.

H-1B Temporary Worker in "Specialty Occupation" (pdf)
H-1B visa status is a temporary employment status for professionals in specialty occupations. H-1B status is obtained by The Scripps Research Institute on behalf of the international visitor. This status is employer and position specific and may be granted initially for up to 3 years with the possibility to extend for up to an additional 3 years. This status is available to full-time TSRI faculty and staff research positions and requires the hiring department to pay the worker the prevailing wage as determined by the State Employment Development Department of the Department of Labor. H-1B petitions involve a great deal of paperwork; once a completed application is received from the lab, the International Office requires 4 weeks to prepare the petition before it can be filed with the USCIS (immigration).  Processing times with USCIS are then averaging 3 months or longer for a standard filed petition.  H-4 spouses may not apply for or engage in U.S. employment Labs should complete the Department Request Form for H-1B Status to hire or extend the stay of an H-1B scholar.

TN (Trade NAFTA)
Citizens of Canada or Mexico who would otherwise obtain J-1 or H-1B status may obtain TN status to be employed at Scripps. Paperwork and processing time for TN status is considerably less than other visa options. This status can be obtained at a class "A" border crossing or international airport. TN status is valid for one year. TNs may apply annually for new TN status. TN status applies to only certain professions. The hiring PI should complete the Department Request Form for TN Status.

O-1 Extraordinary Ability (pdf)
O-1 visa status is available to persons who enjoy a record of national or international acclaim or are recognized by their peers and colleagues as having "a level of expertise indicating that the person is one of the small percentage who have risen to the very top of their field." The researcher must have made unique contributions to the field and play a critical role in a TSRI lab. O-1 petitions require extensive documentation of O-1 ability. This status is initially granted for up to 3 years with indefinite annual extensions.

*Visa Waiver Countries: Andorra, Austria, Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, The United Kingdom (citizens with the unrestricted right of permanent abode in England, Scotland, Wales, Northern Ireland, the Channel Islands, and the Isle of Man), Czech Republic, Estonia, Latvia, Lithuania, Hungary, Republic of Korea and the Slovak Republic.