Visas: Frequently Asked Questions
What is the H-1B visa?
The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation. H-1B status requires a sponsoring U.S. employer. The employer (HJF) must file a labor condition application (LCA) with the U.S. Department of Labor (DOL) attesting to several items, including payment of prevailing wages for the position and the working conditions offered. When approved by DOL, the employer must then file the DOL-certified LCA with a Form I-129 petition, plus the accompanying mandatory fee of $690 for all H-1B applicants, except for renewals with the same employer. The fees for renewals is $190. Checks must be made payable to USCIS.
How long can an alien have H-1B status?
Under current law, an alien can have H-1B status for a maximum period of six years, issued in increments not to exceed three years at any one time. After that time, an alien must remain outside the U.S. for one year before another H-1B petition can be approved. Certain aliens working on DoD projects may retain H-1B status for 10 years.
How long does it take to process the H-1B visa?
The average time for processing by the government is 90-150 days, unless you are willing to pay the (USCIS) premium processing fee of $1,000. The average timeline for HJF internal processing of an H-1B visa, after all documentation requested from the candidate and department is received, is two weeks. This includes preparation of the application forms, receiving approval/signatures from senior management, receiving fees/checks, and procuring supporting documents from the Department of Labor. The hiring supervisor receives notification if and when there are unexpected delays, and when the application is forwarded to USCIS.
What is "premium processing" for an H-1B visa, and how much does it cost?
USCIS's Premium Processing Service allows U.S. businesses to pay a $1,000 fee in exchange for the 15-business day processing of a petition and/or application. USCIS guarantees that within 15 business days from when they receive the application, USCIS will issue either an approval notice, a notice of intent to deny, a request for evidence or a notice of investigation for fraud or misrepresentation. If the USCIS fails to process the petition within 15 days, it will refund the $1,000 fee to the company and continue to process the petition as part of the Premium Processing Service.
What is the J-1 Exchange Visitor visa?
The "J" visa is for educational and cultural exchange programs designated by the Department of State, Bureau of Consular Affairs. The "J" exchange visitor program (Student & Exchange Visitor Program—SEVP) is designed to promote the interchange of persons, knowledge and skills in the fields of education, arts and sciences. The Foundation's program is designated for "Research Scholar (8)" only.
How long does it take to get a "J" visa?
Petitioning for a "J" visa is important in planning research activities. An exchange visitor must allow enough time for arranging a personal interview with the U.S. Consular Office (requirement), the completion of all applicable paperwork and travel from his/her native country to the U.S. or to transfer from another research program in the U.S. If the exchange visitor is new to the U.S., their entry must be entered into the SEVIS database and approved by the U.S. Embassy in their home country before gaining entry. This could take 15–90 days and is dependent upon the home country's U.S. Embassy.
If the J-1 exchange visitor is transferring from one institution to another, the transfer must be completed (approved by the State Department, if necessary) before the individual can receive any financial support from, perform research for or be employed by the Foundation. This could take 30–60 days for processing, which may create hardships for both the individual and the department. For information on visa application procedures and other related information about exchange visitors, please visit the Department of State's visa services website.
What is a "J" visa waiver?
The "J" visa is an exchange visitor program, so USCIS expects the participant on a "J" visa to return to the country of permanent residence after being in the U.S. for the three years permitted by HJF's sponsorship. At the time of issuance, an individual may receive a visa stamp stating that there is a two-year home residence requirement, Section 212(e), after having "J" visa status.
How long does it take to get a "J" visa waiver?
Because of the intense scrutiny by the Pentagon on all waiver petitions, this process takes a minimum of six months, with the average taking nine months to one year. The Foundation's HR staff has been advised by USU Civilian HR staff that, because of this intense scrutiny, the emphasis must now be on what effect the "J" exchange visitor participant will have on the DoD and less of what effect it has on USU. The waiver petition must include the name of the USU department where the participant is located, and also address how their presence benefits military medicine.
Why might it take longer to process a visa than expected?
There are two common reasons for delays:
- Lack of proper paperwork. The Human Resources Department cannot begin processing a visa application until it has collected all of the relevant paperwork from the applicant. Because hiring supervisors are the main point of contact with the applicant, we need the hiring supervisor or designee to ensure that all the paperwork is submitted in a timely manner.
- Regulatory. Since September 11, 2001, there has been an extensive review of visa issuing practices within the U.S. by the Department of State. As a result, the Department of State continuously issues updates on the status of visa processing, which we make available on HJFOnline.
What government agency handles visa applications and waivers?
The administrative and management functions and responsibilities of immigration, which were once in the former Immigration and Naturalization Service (INS), were moved to the United States Citizenship and Immigration Services (USCIS) within the Department of Homeland Security (DHS). All visa applications, regardless of the type of visa, are subject to additional scrutiny and subsequent delays.
How can I learn about changes in the government regulations regarding visas?
The Human Resources Department continuously monitors the effects USCIS has on the Foundation's visa programs and how these changes affect employment practices. When USCIS issues a directive or guideline that has an immediate effect on an HJF employee, a notice regarding this topic in placed on HJFOnline.
What major changes in the government processing of a visa will affect upcoming applications?
It now appears that the timeliness of hiring on a visa will again be affected by the following, which appears on various websites of the U.S. Diplomatic Missions and became effective on August 1, 2003:
- Effective immediately, the procedures for applying for nonimmigrant visas for travel to the U.S. have changed. Most persons between the ages of 16 and 60 who need a visa for travel to the U.S. for tourism, business, study or temporary work, will now require a personal interview with a consular officer at one of the U.S. consulates. This new interview requirement is a global policy change of the U.S. Department of State that affects U.S. visa applicants from all countries around the world.
- Travelers seeking to enter the U.S. for certain specific purposes such as study, work or exchange programs or anyone who wishes to stay more than 90 days, should apply for a visa well in advance of their expected date of departure. Also, travelers who have had a criminal conviction, have overstayed during a previous visit to the U.S., or who have been denied either admission to the U.S. or denied a visa must apply for a nonimmigrant visa.
- The new interview requirement necessitates an appointment system and this procedure will substantially increase the time needed to process visa applications. Appointments will be required, except in cases of genuine emergencies. Anyone requiring a visa to travel to the U.S. is urged to apply early.
The Department of State continuously issues updates on the status of visa processing. Please refer to HJFOnline for the latest announcements.