J-1 Professors and Researchers:
J-1 professor and researcher visas allow employment on the campus of the sponsoring institution. If IU has prepared the visitor's DS-2019, then authorization to work as an IU professor or researcher is provided by the DS-2019 itself. If a different institution or organization prepared the visitor's DS-2019, then that sponsor will have to provide written permission to work. Again, the authorization may appear directly on the visitor's DS-2019. If it does not, the visitor will need to obtain written work authorization, signed by the sponsoring institution's Responsible Officer, before beginning work at IU.
The work authorized by the DS-2019 does not extend to general employment. Under most circumstances, J-1 professors or researchers may work only in the position that brought them to IU. A J-1 exchange professor who came to IU to teach Russian business practices may not pick up a second position teaching jazz trombone; the professor may not take up extra work of any kind on or off campus. Permission to work in a different position requires special review and under most circumstances is not possible. Consult the campus international office if questions arise about this limitation.
H-1B Visa Holders:
The H-1B visa is a nonimmigrant visa for a "specialty worker." The holder must have a bachelor's degree or the equivalent , and the job which the visitor wishes to do in the U.S. must be a professional position. Key provisions for obtaining this visa are (1) the foreign visitor's merit, ability, and professional qualifications for this specific position, and (3) the salary of the position, which must meet detailed federal guidelines for what professionals in similar positions are paid. The H1-B visa can be requested for a period of up to three years initially, with a maximum total stay of six years.
Foreign visitors wishing to obtain an H1-B visa are usually assisted by their proposed employer or an immigration lawyer. If the proposed employer is Indiana University, departments can seek assistance from the Office of International Affairs (Indianapolis), or the Office of International Services (Bloomington).
The process of obtaining an H-1B visa involves both the Department of Labor and the BCIS. Departments should allow at least four months to complete the process from the time they first contact the international office. Also, Congress has set a ceiling on the number of H-1B visas granted each year. If that ceiling has been reached, then all H-1B applications are put on hold until the new granting year begins on October 1.
H-1B visa holders may enter the U.S. on that visa up to ten days before the beginning date of the authorization, and may stay in the U.S. up to ten days following the ending date, but they may work only between the dates specified in the authorization.
O, P and TN Visa Holders:
O and P visas are issued to artists, performers and aliens of extraordinary ability. TN (Trade NAFTA) visas provide many Canadians and Mexicans with the opportunity to work in a professional position in the U.S. For Canadians particularly, the process of obtaining TN visa status is easy and quick. Departments should consult with their international office to determine which visa status is most appropriate to individual cases. For the purposes of employment, payment, and taxes, these visa types are treated in the same manner as the H-1B.
Each H-1B, O, P, or TN visa is valid only for a specific position and employer. For Indiana University, these visas allow employment of a foreign visitor exclusively in the sponsoring academic unit. However, a foreign visitor may hold more than one approved H-1B visa at the same time. For example, a professor offering courses at two separate universities in the same semester would need, and could get, two separate H-1B authorizations.
Additional employment is possible only by petitioning the United States Citizenship and Immigration Services (USCIS) and obtaining formal authorization. Reimbursement of travel and expenses may occasionally be possible. Please contact the Office of International Services (Bloomington) or the Office of International Affairs (Indianapolis).
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