Beth Andrews, Foreign National Advisor (ext. 2203): Beth can assist you with your day-to-day foreign national concerns.

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International Appointments
Visa Classifications

• J-1
       J-2 (Dependent)

• H-1B
       H-4 (Dependent)

• TN
       TD (Dependent)

• O-1
       O-3 (Dependent)

• B-1 (Business) & B-2 (Tourism)

• Visa Waiver Pilot Program

• F-1

J-1

Duration of Stay
Exchange Visitors under the category of Research Scholar may remain in the US for a maximum of three years in this visa classification. It may be possible to apply for an additional six months if the sponsoring department is able to demonstrate that the additional time is needed to complete research and that the Exchange Visitor will then return to their home country.
Exchange Visitors under the category of Short-Term Scholar may remain in the US for up to six months. The six month period coincides with the maximum period of stay in J-1 status which will not trigger the bar on participation in a J-1 Research Scholar or Professor program for J-1 stays within the preceding year (see below).There can be no extension of stay beyond the six month limit for Short Term Scholar participants.
Note that it is not possible to change from one category of J-1 visa to a different category within the US

Two-year Home Residency Requirement (212(e))
Some J-1 visa holders are subject to a "two-year home residency requirement", which is also referred to as the 212(e) rule. This requirement obliges the Exchange Visitor to return to their home country for no less than two years before being eligible to apply for an immigrant visa or a non-immigrant visa, such as the H-1B. Exchange Visitors are ineligible to change to a different visa status within the US if they are subject to this requirement. This requirement would apply to:

• Those who are being financially supported by either the US government or their home government (including travel grants) during part or all of their stay in the US
• Those whose skills are needed in the home country, as registered on the Exchange Visitors Skills List.

Bar on Participation as Scholar or Professor for Previous J-1 Visa Holders
A rule issued in April, 1996 bars program participation as a research scholar or professor for aliens who have been physically present in the United States as a J-1 Exchange Visitor for all or part of the one-year period immediately preceding the commencement of such participation as set forth on the Form DS-2019. This bar was established to prevent the movement of J-1 "students" into the "research scholar" or "professor" category and to prevent aliens who had completed a three-year period of J-1 status as "research scholar" or "professor" from leaving the United States and reentering in a new research scholar or professor program for an additional three years. In other words, it is to prevent individuals from trying to "reset the clock".As revised by a final rule issued in June, 1996, this one-year bar does not apply to Exchange Visitors:

• who participated in an Exchange Visitor Program for six months or less;
• whose previous J-1 stay was in the Short Term Scholar category;
• who is transferring to the sponsor's program.

Note that the "Two Year Home Residency Requirement" and "Bar on Participation…." also apply to the J-2 dependents of the principal J-1 visitor.

J-2

The J-2 visa is for the spouse and minor children (under 21) of an Exchange Visitor and is issued on the basis of a Form DS-2019 provided by the Exchange Visitor sponsor, and evidence of adequate funding for the support of the dependents. Proof of marriage may be required. Family members entering the US unaccompanied by the J-1 Exchange Visitor must carry a separate DS-2019 document along with their passports containing J-2 visa stamps. It is important that the Human Resources Representative is made aware of these travel arrangements before an Form DS-2019 is issued.
A J-2 visa holder may apply to BCIS for work permission after arriving in the U.S. Processing the application for an Employment Authorization Document (EAD card) usually takes from one to three months. Those who wish to apply for work permission can obtain the necessary application documents from their Human Resources Representative. Please note that all fees associated with the application are the responsibility of the applicant.

An Important Note on Health Insurance: All Exchange Visitors and their dependents must have health insurance in effect which covers them for sickness or accident during the period of time that they are in J status. If the J-1 or J-2 visa holder fails to maintain health insurance coverage, his or her visa may be terminated. Exchange Visitors are required to be covered under a medical insurance program with a minimum coverage of $50,000 per accident or illness, and a maximum deductible of $500. Coverage for repatriation and medical evacuation is also required. More information on this can be obtained through your HR Representative.

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H-1B

The H-1B visa is for temporary workers in specialty occupations, which implies the establishment of an employer-employee relationship between the Institution and the foreign national. A specialty occupation is one that requires a theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor's or higher degree in the field of specialization. The US Department of Labor (DOL) requires that a wage survey (called a "labor condition application") be conducted to determine that the salary offered is commensurate with the position.
The Bureau of Citizenship and Immigration Services (BCIS) reviews the final application for H-1B status and, upon approval, notifies the US Consulate overseas to approve the visa for entry into the U.S. If the foreign national is already in the United States, it may be possible to change the visa classification or to change the petitioning employer without the individual departing the US
Processing
The Institution's Immigration Attorney currently processes all H-1B visa petitions working directly with the foreign national and the appropriate Human Resources Representative.
Duration of Stay
The Institution may petition for an employee for an appointment of up to three years, with an extension to a total maximum of six years.

H-4

The dependents of an H-1B visa holder enter the US in H-4 visa status. The dependent of an H-1B holder cannot be granted work authorization under any circumstances. However, they may seek independent visa sponsorship to allow for employment in professional positions.

WHOI Policy
It is the policy of the Woods Hole Oceanographic Institution to generally sponsor H-1B visa petitions on behalf of its Scientific and Technical Staff. The H-1B visa is approved by the BCIS for a specific position with a particular employer and approval is not transferable elsewhere. A minimum of three to four months' lead time should be allowed to complete the application process.

TN

The TN category was created specifically for Canadian and Mexican citizens employed in the U.S. Under the North American Free Trade Agreement (NAFTA) a citizen of a NAFTA country may work in a professional occupation in another NAFTA country provided that:

• the profession is on the NAFTA list;
• the alien possesses the specific criteria for that profession;
• the prospective position requires someone in that professional capacity, and;
• the alien is going to work for the US employer

Processing
The procedure for obtaining TN status differs for Canadian and Mexican citizens. For more information regarding procedure specifics or a list of professions eligible for the TN, please contact your Human Resources Representative.
Duration of Stay
TN status holders can be admitted to the US in increments of up to one year. Extensions of stay are also granted in up to one-year increments. There is no cumulative total limit on the time a foreign national can be in TN status. Status can be renewed each year indefinitely, provided that the stay remains temporary in nature.

TD
The dependents of TN status holders are admitted in TD (Trade Dependent) status. Depending on citizenship, the dependent may be required to apply for a TD visa. Dependents of TN status holders are not permitted to accept employment in the US

O-1

The O-1 visas are available to applicants who have extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and who are coming temporarily to the United States to continue work in the area of extraordinary ability.
Extraordinary Ability
Extraordinary ability means a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor. In order to qualify the applicant must furnish evidence to show that he or she has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise. Extraordinary Ability may be demonstrated by evidence of a one-time achievement (such as a major, internationally recognized award), or evidence of at least three of the following:

• Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field;
• Membership in associations which require outstanding achievement of their members, as judged by recognized national or international experts in the field;
• Published material in professional or major trade publications written by others about the scholar's work in the field. (Such material shall include the title, date, and author of the material, and any necessary translation, and should include analysis or discussion of the scholar's work, not simply a reference;)
• Participation on a panel, or individually, as a judge of the work of others in the field of specialization;
• Original scientific, scholarly, artistic, athletic or business-related contributions of major significance in the field;
• Authorship of scholarly books or articles in the field;
• Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
• Evidence that the applicant has commanded a high salary or other significantly high remuneration for services in relation to others in the field.

If the above standards do not readily apply to the applicant's occupation, the petitioner may submit comparable evidence to establish eligibility.
Duration of Stay
The O-1 visa holder may remain in the US until the event, project or activity for which the alien is admitted is completed. The initial period of stay can be sought for three years and thereafter extensions in one-year increments may be sought to complete the activity, event or project.
Processing
In the case of an O-1 visa, the employer is always the petitioner and it is the Responsible Officer or an Alternate Responsible Officer who signs the petition sent to the Bureau of Citizenship and Immigration Services (BCIS) on behalf of the Institution. The Responsible Officer or an Alternate Responsible Officer works directly with the Institution's Immigration Attorney and the foreign national to process all O-1 visa petitions.
Although the processing time for an O-1 visa is somewhat less than the processing time for an H-1B, a minimum of three to four months' lead time should still be given to allow sufficient time to obtain the necessary supporting documentation and to complete the application process.

O-3
The O-3 visa is for the dependent of an O-1 visa holder. No employment is permitted for O-3 visa holders.

WHOI Policy
As with the H-1B visa, it is the policy of the Woods Hole Oceanographic Institution to generally sponsor O-1 visa petitions on behalf of its Scientific and Technical Staff.

B-1 and B-2

The B-1 visa is for short-term, business/professional use and the B-2 visa is for short-term visits for pleasure or tourism. No paid employment is permitted on a B-1 or B-2 visa, although it may be possible to receive reimbursement for actual expenses or an honorarium* if certain guidelines are met. (*In the past, honorarium payments to a nonimmigrant were prohibited unless the nonimmigrant had employment authorization or if the amount of the honorarium did not exceed an amount needed to reimburse expenses. B-1's were able to receive reimbursement for receipted reasonable expenses while B-2's could not receive any payments whatsoever. The"American Competitiveness and Workforce Improvement Act of 1998" changed this so that certain payments are now permitted to nonimmigrants admitted to the US on a B-1 or B-2 visa. The nonimmigrant can now accept honorarium payment and associated incidental expenses for an activity lasting no longer than 9 days at any single institution. The payment has to be made for services conducted for the benefit of WHOI and the nonimmigrant cannot have accepted such payments or expenses from more than 5 institutions or organizations in the previous 6-month period.)
Duration of Stay
A B-1 visa holder may stay in the US for a "reasonable" period of time for completion of the purpose of the trip, not to exceed one year.
A B-2 visa holder is admitted for a standard period of 6 months.
Processing
Although the Institution does not stand as the sponsor for this type of visa, a letter of invitation from the Institution is needed by visitors who apply for a B-1 visa at the US Consulate in their home country.
Applicants for the B-2 visa should apply at the US Embassy or Consulate in their home country.

Visa Waiver Program (VWP)
The Visa Waiver Program enables citizens of participating countries to travel to the US for business without obtaining a US visa. They are not eligible for an extension of their status or for a change of their status. If they wish to obtain another nonimmigrant status, the only option is to exit the US and re-enter with a visa in the category they wish to be in. Those entering for business purposes are admitted in WB status (Waiver Business). There is no paid employment permitted on the Visa Waiver Program, although one can receive reimbursement for incidental expenses or an honorarium.
Duration of Stay
A WB holder may stay in the US for 90 days or less.
Processing
To participate in the VWP, the foreign national needs to present a valid passport issued by the participating country and be a citizen or national (not only a resident) of that country. The foreign national will need to state that they are seeking entry to the US for business for a period of 90 days or less and complete and sign a visa waiver Arrival/Departure form (Form I-94W) at the airport accompanied by a letter of invitation from the Institution.
For more information on countries participating in the VWP, please contact your Foreign National Advisor.

F-1

The F-1 visa is a student visa issued to individuals who have been accepted for full-time study in the United States.F-1 visas are issued through M.I.T. for students associated with the WHOI/MIT Joint Program.