International Visitor and Scholar Services

Anthes Building

The International Visitor and Scholar Services office is housed in the UCAR Human Resources office and is responsible for assisting international visitors and scholars with U.S. visa and immigration information.

In addition, the International Visitor and Scholar Services office assists UCAR/NCAR laboratories/programs with the administrative processes involved in bringing international researchers, scholars, fellows, and short-term visitors to the institution for a wide range of professional activities.  

The following links will take you to the appropriate portion of the site based on whether you are an international visitor to our institution or a UCAR/NCAR staff member seeking information on the administrative processes in regard to visa sponsorship. 

Services for International Visitors and Scholars

Services for UCAR/NCAR Administrators

 



Please do not hesitate to contact us with any questions or concerns:

Shonna Montoya, Responsible Officer (RO)
303-497-8705 (office)
303-497-8709 (fax)

Randy Schalhamer, Alternate Responsible Officer (ARO)
303-497-8703 (office)
303-497-8709 (fax)        


DISCLAIMER: U.S. immigration laws are very complex. The information contained in these files is designed specifically as assistance for visitors and scholars at UCAR/NCAR/UCP. Immigration laws are constantly changing, and even though we will attempt to keep these files up to date, we cannot guarantee their completeness or accuracy. The information contained herein is not intended to create an attorney/client relationship nor can it be construed as legal advice. For further information, please contact the UCAR Immigration Specialist or an immigration attorney. Other individuals not affiliated with UCAR/NCAR/UCP should seek assistance from immigration specialists. You may consider consulting with an attorney who belongs to the American Immigration Lawyers Association (AILA).

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Services for International Visitors and Scholars

Aerial Shot of the Bahamas, Photo by Carlye Calvin The need for global collaboration is a fundamental and necessary component of our research and mission. Our work requires collaboration with colleagues across the globe. 

International Visitor and Scholar Services serves as a resource to help manage the special needs, questions, and concerns of the international community at UCAR/NCAR.

We provide the following services for international visitors and scholars:

  • Advising on immigration status, employment, and travel.*
  • Issuance of certain immigration documents, authorizations, and certification/verification letters.
  • Information and resources about the visa interview process.
     

*Please note that we cannot advise on legal issues, US taxes (tax law, filing returns), or personal counseling needs. We are however, happy to provide resources on these matters if available.


Information and answers to common questions can be found at the links below:


Please do not hesitate to contact us with any questions or concerns:

Shonna Montoya, Responsible Officer (RO)
303-497-8705 (office)
303-497-8709 (fax)

Randy Schalhamer, Alternate Responsible Officer (ARO)
303-497-8703 (office)
303-497-8709 (fax)    

If you have questions concerning your legal status or other issues pertinent to your stay at UCAR/NCAR/UCP, please contact Shonna Montoya, Immigration Specialist.


DISCLAIMER: U.S. immigration laws are very complex. The information contained in these files is designed specifically as assistance for visitors and scholars at UCAR/NCAR/UCP. Immigration laws are constantly changing, and even though we will attempt to keep these files up to date, we cannot guarantee their completeness or accuracy. The information contained herein is not intended to create an attorney/client relationship nor can it be construed as legal advice. For further information, please contact the UCAR Immigration Specialist or an immigration attorney. Other individuals not affiliated with UCAR/NCAR/UCP should seek assistance from immigration specialists. You may consider consulting with an attorney who belongs to the American Immigration Lawyers Association (AILA).

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Pre-Arrival

Pre-Arrival Information

Forms:

H-1B Visa Form - complete this form and return to UCAR's Immigration Specialist if you have an employment offer at our institution and will be applying for an H-1B visa

Exchange Visitor (J-1) Visa Form - complete this form and return to UCAR's Immigration Specialist if you have an official invitation or employment offer at our institution and will be applying for an Exchange Visitor (J-1) visa

Visa Application Information:

List of U.S. Embassy Websites

Mandatory Interviews for Visa Applicants

SEVIS Fee

Tips for Your Visa Interview  

Visa Appointment & Processing Wait Times

Visa Types and Procedures

Visa Waiver Program

Additional Links:

UCAR Housing Office - if you will be a visitor to, or employee of UCAR/NCAR and need assistance with housing in the Boulder area, the Housing Office can provide assistance and/or resources. This office also assists with relocation when applicable.


SEVIS Fee (applies to Exchange Visitor- J-1 applicants only)

All foreign nationals issued "begin new program" DS-2019s will be subject to the SEVIS fee and a receipt will be required at the visa interview. Some Consulates also require the SEVIS Fee/I-901 receipt number in order to schedule an interview appointment. As of August 1, 2014, the fee is US$180. The fee can be paid at the following secure US Department of Homeland Security Site: https://www.fmjfee.com/

Exchange Visitor (J-1) visa regulations allow the visitor or the sponsor/host organization to pay the fee. Check with your host division or UCAR's Immigration Specialist  to find out if the fee has been paid by or if you will need to pay the fee on your own. 


Mandatory Interviews for Visa Applicants

The Department of State (DOS) has mandated that nearly all applicants for non-immigrant visas (such as our J, H, and B visitors) undergo an interview at the U.S. Embassy or Consulate as part of the visa application procedure. Currently, the only applicants who may be eligible for a waiver of the interview are those who are renewing a previously issued visa within one year of that visa's expiry, and are not from a country on the DOS' list of "watch" countries. Each US Embassy has different procedures, so please be sure to check the Embassy website for information about interviews at that specific location. A list of all U.S. Embassy websites can be found here: http://www.usembassy.gov/


DISCLAIMER: U.S. immigration laws are very complex. The information contained in these files is designed specifically as assistance for visitors and scholars at UCAR/NCAR/UCP. Immigration laws are constantly changing, and even though we will attempt to keep these files up to date, we cannot guarantee their completeness or accuracy. The information contained herein is not intended to create an attorney/client relationship nor can it be construed as legal advice. For further information, please contact the UCAR Immigration Specialist or an immigration attorney. Other individuals not affiliated with UCAR/NCAR/UCP should seek assistance from immigration specialists. You may consider consulting with an attorney who belongs to the American Immigration Lawyers Association (AILA).

Tips for Your Visa Interview

Please note: the information provided below is for informational purposes only.
There is no guarantee that you will be granted a visa.

  • The interview at the U.S. Embassy or Consulate is generally quite straightforward. Fingerprinting and photographing may be done in a few minutes. Remain calm and be sure to tell the truth. Keep your answers simple and consistent. Be prepared to respond to and explain any negative information that may be discovered during a security and background check.

  • If you are coming to the U.S. on a J visa, come to the Embassy prepared with evidence that you have strong ties to your country. The more evidence you can show to convince the Embassy official that you plan to return home when your program is completed the better. Such evidence may include (but is not limited to) documents verifying properties and real estate (houses, etc.), a letter from your current employer stating that they expect you to return and verification of your salary, account and balance verification from your bank, and evidence of family ties.

  • If you have previously been in the United States, be prepared to explain what you were doing in the U.S., any travel or employment plans that may have changed, for example, if you extended your previous stay and returned to your home country later than expected.

  • Be ready to discuss your marital status. The Embassy official needs to see evidence that your marriage is official and not simply for immigration purposes. Again, be prepared to respond to and explain any negative information that may be found in your spouse's background and security check.

  • Be ready to explain what will you do in the U.S. Speak confidently about your job and your research - the Embassy official needs to be convinced that you are qualified for the job you have been invited to perform.

  • If you are not a native English speaker, it may help to prepare your responses. A working knowledge of the English language is generally a requirement for obtaining a J or H visa.

  • If you have changed your name or surname (family name) for any reason, such as through marriage, be sure to note your previous name on your visa application.

  • If you have served in the military you may be subject to additional scrutiny and security checks. Be prepared to explain your military service and duties.

  • If you are denied the visa, attempt to find out why. At the very least, ask for a piece of paper referencing the regulation that the Embassy official used to deny your visa. Let UCAR's Immigration Specialist know so that she may determine whether an appeal is possible. Above all, do not argue with the Embassy official. More information about visa denials and reapplying can be found here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-denials.html 

  • Finally, please remember that having a visa stamp simply means that you may come to the U.S. border and request permission to enter. Having a visa stamp is not a guarantee of entry. If the Immigration Official denies you entry, do not argue with him/her, as you may run the risk of expedited removal which may bar your from the U.S. for five years or more. It is better to let the official know that you are withdrawing your application for entry and then please contact UCAR's Immigration Specialist (303-497-8705) to see what we can do next.

DISCLAIMER: U.S. immigration laws are very complex. The information contained in these files is designed specifically as assistance for visitors and scholars at UCAR/NCAR/UCP. Immigration laws are constantly changing, and even though we will attempt to keep these files up to date, we cannot guarantee their completeness or accuracy. The information contained herein is not intended to create an attorney/client relationship nor can it be construed as legal advice. For further information, please contact the UCAR Immigration Specialist or an immigration attorney. Other individuals not affiliated with UCAR/NCAR/UCP should seek assistance from immigration specialists. You may consider consulting with an attorney who belongs to the American Immigration Lawyers Association (AILA).

During Your Stay

During Your Stay

Announcements

H-1B Visa Application Status Check

Scams (USCIS wesite with information about immigration scams)


Travel:

List of U.S. Embassy Websites

Travel While in Non-Immigrant Visa Status

Visa Appointment & Processing Wait Times


Payroll and Tax Issues:

Important Information for Salaried Positions at UCAR/NCAR

Important Information for Non-Salaried Positions at UCAR/NCAR

Income Tax Information

Social Security Numbers


Regulatory Information for Non-Immigrants:

Address Updates to USCIS/AR-11 Form

Important Regulations Impacting J-1 Exchange Visitors

J Visa 2-year Home Rule Waiver Application Status check (on-line) - The Department of State Waiver Division now has a Web-based status update system, which allows waiver applicants to determine the status of a pending application by entering their waiver case number. 

Medical (Health) Insurance for Visa Holders


Additional Helpful Information for International Visitors:

Banking
Dept of State
Driver's License/Auto Insurance
English Language Assistance
Housing Office
INFOPASS for Making Appointments at the Denver USCIS Office
Legal Assistance
Recreation
Schools/Dependent care
Relocation
Transparent Language Online
Transportation
UCAR's Library Community Information Centers


DISCLAIMER: U.S. immigration laws are very complex. The information contained in these files is designed specifically as assistance for visitors and scholars at UCAR/NCAR/UCP. Immigration laws are constantly changing, and even though we will attempt to keep these files up to date, we cannot guarantee their completeness or accuracy. The information contained herein is not intended to create an attorney/client relationship nor can it be construed as legal advice. For further information, please contact the UCAR Immigration Specialist or an immigration attorney. Other individuals not affiliated with UCAR/NCAR/UCP should seek assistance from immigration specialists. You may consider consulting with an attorney who belongs to the American Immigration Lawyers Association (AILA).

Additional Helpful Information for International Visitors

ADDITIONAL HELPFUL INFORMATION                                                                                                                                      

Academic Credentials Evaluations

Banking (includes applying for an account, exchanging foreign currency, transferring funds from abroad, etc.)

Department of State Frequently Asked Questions/Visas

Driver's License/Automobile Insurance

English Language Assistance

H-1B Visa Application Status Check (on-line)

INFOPASS for Making Appointments at the Denver USCIS Office

International English Center, CU Continuing Education Office

Legal Assistance

List of U.S. Embassy Websites

Recreation

Relocation

Schools/Dependent Care

Social Security Numbers

Transparent Language Online

Transportation

UCAR's Library Community Information Centers

Visa Appointment & Processing Wait Times

Additional Links

Academic Credentials Evaluations

Sometimes academic/educational credentials evaluations are required by the USCIS, or by other institutions for a variety of reasons. Many companies offer these evaluations, and can be found by searching the Internet.  Several non-profit companies that offer these services include:

Educational Credential Evaluators, Inc., www.ece.org

World Education Services, www.wes.org

International Education Research Foundation (IERF), www.ierf.org

UCAR does not specifically endorse these nor any other academic/educational credentials evaluators.


Banking

In the United States it is easier and safer to use checks and credit cards rather than using cash. We advise you not to carry large amounts of cash with you. The best option is to open an account at a local bank or credit union. This way you can take money out of the account whenever you need it.

UCAR has its business account in Boulder with Chase (formerly Bank One). You can cash per diem or payroll checks without opening an account at this bank. This bank will also open an account without a Social Security Number (SSN). Click here to find a branch location. The Elevations Credit Union (formerly CU Credit Union) located at 2960 Diagonal Highway in Boulder may also cash checks for you without opening an account. The Elevations Credit Union phone number is 303-443-4672.

You can check your local phone directory for listings of other banks or credit unions near your home or work. Most banks are open Monday through Friday from 9:00 a.m.-5:00 p.m.; some also have Saturday morning hours. There are several kinds of bank accounts, however, two main types are checking accounts and savings accounts. Checking accounts allow you to write checks while savings accounts give you a place to keep your money and earn some interest on it. Some checking accounts also pay interest. When you open an account, you may be offered an "atm/cash machine" or "debit" card. These cards can be used at automated teller machines (ATMs) which allow you to get money out of your account(s) at any hour of the day or night. You can also have your paychecks directly deposited into your account. Please contact the UCAR payroll department for more information.

Please note that banks are not able to open accounts unless the person appears in person at the bank with two forms of photo identification and also has a social security number (with the exception of Chase). The bank may be able to prepare the paperwork in advance, and then when the visitor arrives he/she can complete the process in person and have his/her funds transferred from the foreign bank to the local one.

Exchanging Foreign Currency

In addition to full service banks, you can check the local phone directory under "foreign currency exchange" to get information on currency exchange locations and rates.

Transferring Funds from Abroad

Some banks/credit unions will hold transferred funds for a few weeks before they become available for withdrawal. It would be beneficial if you had a credit card or brought enough cash or Traveler's checks to cover the first month expenses upon your arrival.

Full service banks/credit unions with international banking capabilities sell international money orders and receive deposits from foreign banks directly. The best way to transfer funds from the country of origin to the USA is by electronic wire transfer directly from bank-to-bank. This method generally allows immediate credit and use of the money.

Please contact a local bank/credit union for further information.

Driver's Licenses/Automobile Insurance

Foreign visitors can drive in the United States on an International Driving Permit (sometimes known as an International Driver's License). However, if you will be in the United States for a significant length of time, you are encouraged to get a driver's license in the state in which you are residing. For more information on the International Driving Permit, please see:  https://www.usa.gov/visitors-driving

A Driver's License is quite important in the United States, not only to drive a car and understand the rules required, but also because it is widely used as a photo ID.  You do not need a Colorado driver's license to buy, insure or drive a car (as long as you have the above International Driving Permit from your home country). However, automobile insurance is considerably cheaper if you have a local driver's license.

You can check with a local directory to find the nearest State Motor Vehicle office. In Boulder, the office is located at 2850 Iris Ave, Boulder (303-442-3006). A driver's license costs about $50 and it is reasonably simple to get. You must bring your passport, I-94 number/printout and your visa.  If you have a J visa, you must also bring your DS-2019 document (or I-797 approval notice document if you have an H-1B visa). You do not need to bring a photo. Please note that the Colorado Department of Motor Vehicles is often requesting that foreign nationals also provide a current employment verification letter with work location noted.

Colorado Dept. of Motor Vehicles (DMV) now requires all applicants for a driver's license or a state ID to have a Social Security Number. If the applicant doesn't have a Social Security Number, he/she must have a letter from the Social Security Administration stating that they are not eligible for a Social Security Number and that one was not issued to him/her. This means that those without a Social Security Number will still have to visit the Social Security Administration office and apply for a number in order to get a letter saying they are not eligible and have not been granted a social security number. Please note that the passage of a recent Senate bill may phase out this requirement.

For foreigners the exam consists of both a written and a driving test. You can get a free brochure from any State Motor Vehicle Office. The booklet explains all you have to know for the exam. You may retake the test if you do not pass the first time.

After you passed the written exam you will have a short driving test with an official from the Driver's License Office. For this test you have to schedule an appointment and bring a car. You must bring the registration and insurance paperwork for the car. The car does not have to be yours, however, you should be familiar with the vehicle prior to taking the driving test.  The official will check to ensure that the car meets minimum standards for road use, such as functioning turn signals and brake lights. 

The ID or license will be issued to be valid until the visa document presented by you (DS-2019, H-1B I-797 approval document) expires.  If you extend your visa status, you will have to get a new license when your visa status extension is approved.

Automobile insurance is mandatory in Colorado, and the Colorado Motor Vehicle Department will require proof of insurance before you can register a vehicle. You can check local phone directories for automobile insurance carriers nearest you. The insurance agent you choose, your age, where you reside, the driving distance to work, your driving record, the make and model of your vehicle and the type of coverage you want will all impact your insurance premium amount. You are encouraged to shop around and get quotes from a number of insurance agencies. There is also a great deal of information on the web that you may want to research as well.

English Language Assistance

The UCAR/NCAR Communicating Science ESL group welcomes queries from and participation by scientific visitors. Our mission is to help scientific staff for whom English is a second language to become world-class communicators, orally and in writing. We are interested in increasing collaboration opportunities and enhancing cultural awareness. If you are in Boulder, you are welcome to attend our writing and conversation clinics and informal gatherings. 

There are a number of programs and resources available in most areas of the country that provide English as a Second Language (ESL) and English writing programs. Local high schools, colleges, universities and community school programs provide a wide range of programs at low cost.  In the Boulder area, you can find several resources on the Boulder Public Library web site at: https://research.boulderlibrary.org/lifelong-learning/esl. UCAR does not specifically endorse these or any other ESL schools or training programs.

H-1B Visa Application Status Check (on-line)

The status of pending cases at USCIS Service Centers may now be checked via the Internet: https://egov.uscis.gov/casestatus. Enter your receipt number into the appropriate box. You can also check Service Center processing status on the same web page. Select the appropriate application (I129 for H-1B applications), select the type of application (extension, change of status, etc.), and then choose the California Service Center. Since we are an H-1B cap-exempt employer, all of our H-1B applications are filed at the California Service Center. Please contact UCAR's Immigration Specialist if your case is outside of normal processing times.

INFOPASS for making Appointments at the Denver USCIS Office

INFOPASS, a new internet-based system for making appointments, is now available for the Denver Citizenship and Immigration office. Please visit https://my.uscis.gov/en/appointment/v2 for more information.

International English Center, CU Continuing Education Office

This center provides intensive full-day programs and evening classes in English as a second language. For more information call: 303-492-5547; or go to www.colorado.edu/iec, ieccu@colorado.edu.

Legal Assistance

There are many ways to find resources for legal assistance. You can check the telephone directories as well as perform a search online for specialists in every aspect of the law. If you are a UCAR employee, you may also access UCAR's Employee Assistance Plan (EAP). The EAP can provide you with referrals to lawyers in all subjects, including immigration law. While you must be a UCAR employee, or a family member of a UCAR employee, you do not have to be enrolled in a UCAR healthcare plan in order to use this service. For more information, please visit UCAR's Employee Assistance Plan webpage. Please note, services are available in many languages, including assistance for the hearing-impaired.

Recreation

Local Chamber of Commerce centers, web sites, newspapers and phone directories provide a wealth of information on local and regional recreational activities and resources. Click here to view additional sites that may be of interest during your visit or move to Boulder, Colorado.

Schools/Dependent Care

You can find information on local schools and dependent care resources in your local telephone directory. The UCAR Benefits Office can also provide additional assistance with dependent care information for the Denver/Metro/Boulder area. You can contact the Benefits Office at 303-497-8710 for information.

You can get additional information on school districts in the Denver/Metro/Boulder area by contacting the Colorado Department of Education.

Transportation

Most major cities have some type of mass transit available. This includes buses, trains, shuttles, subways, etc. You can check your local telephone directory for more information. In Boulder, there are a number of transportation options available. Click here to access the UCAR Transportation Services site including information on the UCAR shuttle service.

The Regional Transportation Department (RTD) provides bus and light rail service in the Denver/Metro area. Click here to access RTD information.

UCAR's Library Community Information Centers

Both the Mesa Lab and Foothills Lab libraries provide community information centers where staff can find resources on a variety of topics, including Colorado driver's licenses, motor vehicle registration, passport services, tax information, car buying news, and voter registration.

In addition, they have brochures on local attractions, recreational and cultural opportunities, local transportation, and maps. They library welcomes your suggestions for additional types of information. Please email ncarref@ucar.edu or call the library at ext. 8505.

Additional Links

UCAR Home page

UCAR Human Resources Home page

UCAR Housing and Relocation Information

UCAR Benefits Information

UCAR Policies & Procedures Manual

UCAR Travel Office

UCAR Career Opportunities

Driving directions to Boulder from Denver International Airport

Detailed map of our Boulder locations


 

DISCLAIMER: U.S. immigration laws are very complex. The information contained in these files is designed specifically as assistance for visitors and scholars at UCAR/NCAR/UCP. Immigration laws are constantly changing, and even though we will attempt to keep these files up to date, we cannot guarantee their completeness or accuracy. The information contained herein is not intended to create an attorney/client relationship nor can it be construed as legal advice. For further information, please contact the UCAR Immigration Specialist or an immigration attorney. Other individuals not affiliated with UCAR/NCAR/UCP should seek assistance from immigration specialists. You may consider consulting with an attorney who belongs to the American Immigration Lawyers Association (AILA).

Address Updates to USCIS/AR-11 Form

All non-U.S. citizens* residing in the United States are required to submit a Form AR-11 within ten days of a change to their residential address. If you do not submit a Form AR-11 within 10 days of changing your address, you may risk criminal conviction and/or deportation. UCAR's immigration attorneys recommend that if you are not a U.S. citizen and you have never previously submitted a Form AR-11, or failed to submit one after a move, that you do so now reflecting your current address.

Information on how to submit the form can be found here: http://www.uscis.gov/ar-11   

*Please note that if you are in Exchange Visitor (J-1) visa status, you must update your address with your Exchange Visitor (J-1) program Responsible Officer. For UCAR/NCAR J-1 visa holders, please contact UCAR's Immigration Specialist to update your address.


 

DISCLAIMER: U.S. immigration laws are very complex. The information contained in these files is designed specifically as assistance for visitors and scholars at UCAR/NCAR/UCP. Immigration laws are constantly changing, and even though we will attempt to keep these files up to date, we cannot guarantee their completeness or accuracy. The information contained herein is not intended to create an attorney/client relationship nor can it be construed as legal advice. For further information, please contact the UCAR Immigration Specialist or an immigration attorney. Other individuals not affiliated with UCAR/NCAR/UCP should seek assistance from immigration specialists. You may consider consulting with an attorney who belongs to the American Immigration Lawyers Association (AILA).

Important Information for Non-Salaried Positions at UCAR/NCAR

PER DIEM

If you are receiving per diem and/or travel expenses only, you are receiving compensation for living expenses - not income or payment for services. You are classified as a non-salaried visitor and you are not on UCAR's payroll. Thus, completion of an I-9 employment verification form is not required. Many visitors in this category continue to receive some type of compensation from their home institutions.

REMAINING IN STATUS

DON'T LET YOUR AUTHORIZATION DOCUMENTATION EXPIRE. It is your responsibility to maintain your visit eligibility status. It is critical for you to track the starting and ending dates of your authorization documentation. You must notify your laboratory/program administrator and UCAR's Immigration Specialist of any extensions or changes to your status prior to expiration of current status. Failure to maintain an authorized status could result in serious penalties including the possibility of having to leave the country.


DISCLAIMER: U.S. immigration laws are very complex. The information contained in these files is designed specifically as assistance for visitors and scholars at UCAR/NCAR/UCP. Immigration laws are constantly changing, and even though we will attempt to keep these files up to date, we cannot guarantee their completeness or accuracy. The information contained herein is not intended to create an attorney/client relationship nor can it be construed as legal advice. For further information, please contact the UCAR Immigration Specialist or an immigration attorney. Other individuals not affiliated with UCAR/NCAR/UCP should seek assistance from immigration specialists. You may consider consulting with an attorney who belongs to the American Immigration Lawyers Association (AILA).

Important Information for Salaried Positions at UCAR/NCAR

  1. I-9 FORM: AUTHORIZATION OF EMPLOYMENT ELIGIBILITY
  2. REMAINING IN STATUS
  3. OBTAINING A SOCIAL SECURITY NUMBER
  4. INCOME TAX OBLIGATIONS

I-9 FORM: AUTHORIZATION OF EMPLOYMENT ELIGIBILITY

 With the passage of the Immigration Reform and Control Act of 1986, an employer can face fines and criminal penalties for employing aliens who are not authorized to work, or anyone unable to provide proof of work eligibility. Employers must verify the identity and work eligibility status of each new employee who is on UCAR's payroll within the first three days of employment. This is done by completing an I-9 Employment Eligibility Form and verifying work authorization documents. The I-9 form will be included in the tasks sent to you by our Red Carpet onboarding portal. The form and instructions can also be viewed at: http://www.uscis.gov/i-9

If you are working in Boulder, you will need to complete the form through the Red Carpet portal and provide proper verification documentation at the UCAR Human Resources office in person. If you are working outside of Boulder, you will need to complete the form in the Red Carpet portal and then have someone local to you view your documents, and complete and sign Section 2 of the I-9 in Red Carpet. The Human Resources department can help you and the person reviewing your documents to gain access to Red Carpet.

IMPORTANT: If your work authorization status changes either by an extension of appointment or change in visa/immigration status, your I-9 form must be updated to match your most current work authorization status and term dates.

REMAINING IN STATUS

DON'T LET YOUR WORK AUTHORIZATION EXPIRE. It is your responsibility to maintain your work eligibility status. It is critical for you to track the starting and ending dates of your work authorization. You must notify your laboratory/program administrator and UCAR's Immigration Specialist of any extensions or changes to your status prior to expiration of current status. Failure to maintain an authorized status could result in serious penalties including removal from payroll and the possibility of having to leave the country. 

OBTAINING A SOCIAL SECURITY NUMBER

All foreign visitors and scholars who will be on UCAR's payroll must have a social security number. A social security card can be applied for at any local Social Security office. The Social Security Office closest to Boulder is located in the city of Louisville at 480 W Dahlia Street, Louisville, CO 80027. The office is approximately 9 miles away from the Boulder Foothills Campus. You can get more information 24 hours a day by calling Social Security's toll-free number, 1-800-772-1213. You can call for an appointment or to speak to a service representative between the hours of 7 a.m. and 7 p.m. on business days. Lines are busiest early in the week and early in the month. Wait times may be significantly shorter during off-peak times. The Social Security office in Boulder County can be reached at: 1-877-405-5872.

A visiting scholar must have a social security number to get on the payroll. However, sometimes your card may not be received before your hire date. In that case, please present the receipt from the Social Security office to the Human Resources office to prevent any delays in receiving a paycheck. Additional information and locations can be found at: http://www.ssa.gov/pubs/10002.html.

If you are here on an Exchange Visitor (J-1) visa, you must let UCAR's Immigration Specialist know once you have arrived in the U.S. and have begun your program so that your status can be verified in SEVIS (the government’s database of J-1 visitors).  You will not be able to obtain a Social Security number until your SEVIS record is changed from Initial to Active. As well, the Social Security Office recommends that you wait approximately 48 hours after arriving in the U.S. and being verified in SEVIS for all records to be updated, so that the Social Security office can easily access your information.

You will need to bring the following to the Social Security office:

  • Your DS-2019 form, I-797A, I-20, or other applicable visa status document,
  • Your offer letter,
  • Your I-94 number/record, which can be obtained here: https://i94.cbp.dhs.gov/ (click on "Get Most Recent I-94")
  • Social Security Form SS-5, available here: http://www.ssa.gov/forms/ss-5.pdf,
  • At least two documents that establish your identity and age.  One of those documents must be your passport.

PLEASE NOTE: Your Social Security number may be requested and used by many agencies, specifically, financial agencies. Be cautious in giving your number out. Banks, mortgage companies and credit card issuers are examples of the types of agencies that may have a legitimate reason for requesting your Social Security number. Your Social Security number should be held private, in the same way that you would hold other personal financial information private. Please be sure you know who you are giving your number to, and why they need it. Please avoid sending your number through unsecured email or non-secure internet sites.

(the following information was prepared by the Social Security Administration, September 2002)

PROTECTING SOCIAL SECURITY NUMBERS

The Social Security number is perhaps the most frequently used record-keeping number in America.

Your Social Security number is used to report your earnings to the Social Security Administration (SSA) and the Internal Revenue Service. Your future Social Security benefits are based on your total earnings.

The Social Security Administration also uses the Social Security number to pay Supplemental Security Income benefits.

Additionally, your Social Security number is used by financial institutions, agencies that pay unemployment benefits, and educational loan organizations for their accounting systems. And, your Social Security number is used by other government agencies to identify your record for benefits such as Medicare and Medicaid.

The Social Security Administration is taking steps to make it harder for someone to get or use your Social Security number. They can't prevent others from asking for your number. And they can't control what uses are made of your number once you give it to someone. However, you should know that giving it to them does not give them access to your Social Security records. The privacy of your records is guaranteed unless the SSA is required by law to disclose information to another government agency or the information is needed to conduct Social Security or other government health or welfare program business.

For more information about getting a Social Security number and card, ask for the factsheet, Social Security--Your Number And Card (SSA Publication No. 05-10002).

Social Security Numbers for Driver's Licenses

The SSA does not issue a Social Security number to non-citizens for the sole purpose of applying for a driver's license. This change makes Social Security numbers less accessible to someone who may use that number for fraudulent purposes. They do issue numbers to non-citizens who have USCIS permission to work.

Verifying Immigration Documents

When non-citizens request a Social Security number, the SSA will verify their documents with the U.S. Citizenship and Immigration Service (USCIS) if verification is not available on USCIS' online system. This may delay receipt of a Social Security number by several weeks or months.

How Long Will It Take To Get A Social Security Number?

Social Security must verify your documents with USCIS before they assign a number to you. Social Security will issue you your number and card within two days of receiving the verification from USCIS. Most of the time, they can verify your documents quickly with USCIS online.  If your documents cannot be verified online, it may take the USCIS several weeks or months to respond to Social Security’s request.

Need More Information?

For more information, please see the Social Security Administration web pages on Immigration at http://www.ssa.gov/immigration/.


DISCLAIMER: U.S. immigration laws are very complex. The information contained in these files is designed specifically as assistance for visitors and scholars at UCAR/NCAR/UCP. Immigration laws are constantly changing, and even though we will attempt to keep these files up to date, we cannot guarantee their completeness or accuracy. The information contained herein is not intended to create an attorney/client relationship nor can it be construed as legal advice. For further information, please contact the UCAR Immigration Specialist or an immigration attorney. Other individuals not affiliated with UCAR/NCAR/UCP should seek assistance from immigration specialists. You may consider consulting with an attorney who belongs to the American Immigration Lawyers Association (AILA).

Important Regulations Impacting J-1 Exchange Visitors

IMPORTANT REGULATIONS IMPACTING J-1 RESEARCH SCHOLAR EXCHANGE VISITORS

What are the changes?

On May 19, 2005, the Department of State (DOS) published a final rule to implement key changes to the Exchange Visitor regulations affecting the J-1 "Professor" and "Research Scholar" categories. The effective date of the rule is November 18, 2006. Major changes include:

  • The maximum period of participation for J Professors and Research Scholars has been increased from three years to five years. The five-year period is not an aggregate of five years. It is a continuous five-year period given to a participant on a "use or lose" basis.
  • A 24-month (two-year) bar on repeat participation in the Exchange Visitors (J-1) Professor and Research Scholar categories will apply to those who complete their program participation in those categories, regardless of whether the full five years is used. Exchange Visitors (J-1) Research Scholars will be subject to the 24-month bar on repeat participation, once their program is completed in the Student and Exchange Visitor Information System (SEVIS) system (regardless of whether the full five years is used). The 24-month bar does not require that you be in your home country for that 24-month period. The 2-year home residency reqirement 212(e) does, however. Please see the information below.

 

Are there other options to return to UCAR, once my SEVIS record ends and I become subject to the 24-month bar?

We understand that the 24-month bar may cause some concern and have a negative impact on some of our Exchange Visitors (J-1). If subject to the 24-month bar, there are other options available, one of which is the J-1 Short-Term Scholar category. UCAR can bring Exchange Visitors to the U.S. in either the Research Scholar or the Short-Term Scholar category. The Short-Term Scholar category does not carry with it any bar on repeat participation. The Short-Term Scholar category allows an Exchange Visitor to come to the U.S. for a maximum of six months per visit. Therefore, if a visitor is subject to the 24-month bar, they can still return to the U.S. for a maximum of six months per visit in the Short-Term Scholar category. New Exchange Visitors (J-1) can also utilize this option to avoid becoming subject to the 24-month bar in the future. It is highly recommended to utilize this category whenever possible. Furthermore, it is possible to enter the U.S. on any other visa type that the foreign national is eligible for (for many of our non-support visitors, this could mean a B-1 business visa). This 24-month bar is only on repeat participation as a J-1 "Research Scholar" or "Professor."

What if I need to transfer my Exchange Visitors (J-1) status to another program in the U.S.?

If you know you will be transferring to another U.S. institution, and thus transferring your Exchange Visitors (J-1) status, this is still possible as long as the UCAR Exchange Visitor Program Responsible Officer (Shonna Montoya) is notified BEFORE the current Exchange Visitor (J-1) program at UCAR ends in the SEVIS system. If we are not notified, and the program ends in SEVIS, the 24-month bar will automatically take effect. It is crucial that the Responsible Officer is notified at least several weeks prior to the program end date at UCAR to work out the transfer with the "transfer-in" institution.

Is there still a 2-year home residency rule? Is there a difference between the 2-year home residency rule and the 24-month bar to repeat participation?

The 24-month bar is not the same as the two-year home residency rule. For more information on the 2-year home residency requirement and waivers, please visit the following DOS web site: http://travel.state.gov/content/visas/english/study-exchange/exchange.html#12

Basically, the 2-year residency rule will only apply if you meet one of the three criteria that would make you subject (government funding for your program, your home country has your skill designated on the "skills list," your J program is for graduate medical training). If you are subject to the two-year residency requirement, you are not eligible for an H, K, or L visa as well as Legal Permanent Resident status until you have been physically present in your home country for a period of two years, unless a waiver is obtained. The two-year residency requirement does not bar you from returning to the U.S. in Exchange Visitors (J-1) visa status. The 24-month bar, however, prohibits you from returning to the U.S. as a J-1 "Research Scholar" or "Professor" only, and you can still return in any other J-1 status or other visa status that you are eligible for.


DISCLAIMER: U.S. immigration laws are very complex. The information contained in these files is designed specifically as assistance for visitors and scholars at UCAR/NCAR/UCP. Immigration laws are constantly changing, and even though we will attempt to keep these files up to date, we cannot guarantee their completeness or accuracy. The information contained herein is not intended to create an attorney/client relationship nor can it be construed as legal advice. For further information, please contact the UCAR Immigration Specialist or an immigration attorney. Other individuals not affiliated with UCAR/NCAR/UCP should seek assistance from immigration specialists. You may consider consulting with an attorney who belongs to the American Immigration Lawyers Association (AILA).

Income Tax Information for Visitors and Scholars

A resident alien's income is generally subject to tax in the same manner as a U.S. citizen. If you are a resident alien, you must report all interest, dividends, wages, or other compensation for services, income from rental property or royalties, and other types of income on your U.S. tax return. You must report these amounts whether from sources within or outside the United States.

The following information is designed to give you a basic understanding of your tax responsibilities and to provide additional resource information. This information is being provided for the convenience of our international visitors. It is strongly recommended that you seek your own tax and legal counsel. UCAR is in no way providing tax or legal advice. 

  1. Related foreign tax web sites and information, including tax treaties.
  2. Descriptions of different types of taxes.
  3. Tax reporting requirements for dependents.
  4. Important tax filing dates to remember.

Virtually ALL foreign students, visitors/scholars and their dependents must file an income tax form every year in order to be in compliance with the Internal Revenue Service (IRS) regulations http://www.irs.gov/. This is true regardless of whether you earned income while in the United States or not. Income tax issues for foreigners are complex and can be confusing and we encourage all international visitors/scholars to seek professional foreign tax assistance with your personal tax questions.

If you have any questions, please feel free to contact your division administrator or UCAR's Payroll department. You can also seek personal tax advice from immigration tax professionals, your home country's Embassy office, or Internal Revenue Service offices.

Related Foreign Tax Web Sites and Information:

U.S. tax laws can be difficult to understand and can change from year to year. It is in your interest to meet your tax obligations.

Taxpayer Help and Information (for Foreign Nationals)

Internal Revenue Service (IRS)
Helpful telephone numbers:
IRS (for general tax information): 1-800-829-1040
To order forms: 1-800-829-3676

Tax Consultants. Please note that any costs incurred for personal tax advice or services will be borne by the international visitor, student or scholar. UCAR does not provide any financial assistance for personal tax advice or preparation, nor specifically endorse these or any tax consultants.

Glacier Tax Preparation - tax return preparation software for foreign nationals (individual licenses can be purchased). 

Global Tax Network, LLC (GTN) provides income tax consulting, income tax preparation and service. They have both U.S. and international offices - please visit their website for contact information. 

IRS Forms and Publications

IRS Publication 901, U.S. Tax Treaties. This publication will tell you whether a tax treaty between the United States and a particular country offers a reduced rate of, or possibly a complete exemption from, U.S. income tax for residents of that particular country. Tables in the back of this publication show the countries that have income tax treaties with the United States, the tax rates on different kinds of income, and the kinds of income that are exempt from tax. You should use this publication only for quick reference. It is not a complete guide to all provisions of every income tax treaty.

List of tax preparation specialists in the Boulder area who prepare non-resident taxes (provided by the University of Colorado Boulder International Students and Scholar Services office).

Information on Income Tax Treaties/Exemptions, IRS website.
This site includes the text of all income tax treaties with articles relevant to foreign national students and scholars.

IRS Tax Topic: Resident and Non-Resident Aliens provides a description of the substantial presence test, exceptions to the test for exempt individuals and tax return filing obligations for nonresidents.

Descriptions of Different Types of Taxes

There are different types of taxes in the United States tax system (e.g. Social Security tax, income tax, sales tax, personal property tax) and different layers of taxation (local, state, and federal). You may have obligations at several levels. To learn about your state and local income-tax responsibilities, consult local tax authorities or the local telephone book for the appropriate government listings. Alternatively, UCAR's payroll department may be able to provide you with additional information.

Payroll Taxes: Taxes that are automatically deducted from your paycheck if you are on payroll.

Social Security Tax: There are often questions about payment of a U.S. tax called "Social Security tax" or "FICA." FICA is a taxation system that provides benefits to retired workers. You can get more information about this tax from the UCAR payroll office or by visiting the IRS web site. Depending on their visa status, some visitors may be exempt from paying social security tax for the first two years of their appointment. Please consult the UCAR payroll office for more information.

Income Tax: You are generally only taxed on your U.S.-based income. Sources of U.S. income include: on-campus employment, scholarships, fellowships, graduate assistantships, practical or academic training, and any compensation received for labor. Note that "income" is not limited to wages paid to you in cash, but also includes that portion of your scholarship, fellowship, or assistantship that is applied to your housing and meal expenses. The portion applied to your tuition fees, books, and supplies is not counted as income. The payroll office (or if applicable, the foreign student advisor at your university) will help you make these distinctions. Be sure to inquire about the applicability of any tax treaty that may exist between your country and the United States.

Other Taxes:

Sales Tax: is on goods and services and is set by each of the fifty states, and state entities (such as cities and counties), not by the U.S. government. Each state and state entity determines what the sales tax will be (always a percent of the purchase price) and what items will and will not be assessed a sales tax. The sales tax is not included in the advertised price of goods.

Please note: sales tax is not the same as value-added tax (VAT).  The state sales tax is a small tax on purchases or services, calculated at the time of purchase, which individual states assess and which the U.S. Federal government neither determines nor receives. The VAT, on the other hand, is a national tax commonly applied in foreign countries that is included in the actual sales price rather than at the time of purchase. The United States does not have a VAT, and the Federal government cannot refund state sales taxes. Also, many states do not charge tax on items shipped out of state. Ask about state sales tax policies in the state where you make your purchases.  (Information garnered from the U.S. Customs and Border Protection site:  http://www.cbp.gov/xp/cgov/home.xml)

Personal Property Tax: a tax on the purchase or licensing of automobiles and other valuable property and is paid at the time of purchase.

Tax Reporting Requirements for Dependents

F-2 and J-2 dependents, regardless of age, are expected to file Tax Form 8843 annually in the United States, even if they have no income from a U.S. source. In the case of F-2s (who cannot work in the United States), the completion of a tax form is simple. J-2 dependents, who may get permission to work in the United States, are taxed on their earnings and must file their own tax returns.

Important Tax Filing Dates to Remember

April 15: The last day on which residents and nonresidents who have earned wages from U.S. sources may file their U.S. federal income tax returns for the previous year.

June 15: The last day on which nonresident visitors, scholars and their dependents who have no wage income from U.S. sources in the previous year may file Form 8843 and/or 1040NR-EZ or 1040NR returns.

IRS Publications: Publication 519: "U.S. Tax Guide for Aliens." US Federal Income Tax Guide for Aliens and US Federal Income Tax Guide for International Students and Scholars. Helpful when preparing a nonresident tax return (1040NR or 1040NR-EZ).

Publication 901: "U.S. Tax Treaties." Essential for individuals from nations having tax treaties with the United States.

Form 8843: "Statement for Exempt Individuals and Individuals with a Medical Condition." This one-page document must be completed and returned with the 1040NR and 1040NR-EZ. It verifies nonresident alien tax status.

Form 1040NR: "U.S. Nonresident Alien Income Tax Return." The longer version of the return completed by many nonresidents. This form is distinct from the 1040, 1040A, or 1040EZ filed by residents for tax purposes. It is not interchangeable with those forms. The IRS publishes an instruction booklet to accompany the form.

Form 1040NR-EZ: "U.S. Income Tax Return for Certain Nonresident Aliens with No Dependents. 


DISCLAIMER: U.S. immigration laws are very complex. The information contained in these files is designed specifically as assistance for visitors and scholars at UCAR/NCAR/UCP. Immigration laws are constantly changing, and even though we will attempt to keep these files up to date, we cannot guarantee their completeness or accuracy. The information contained herein is not intended to create an attorney/client relationship nor can it be construed as legal advice. For further information, please contact the UCAR Immigration Specialist or an immigration attorney. Other individuals not affiliated with UCAR/NCAR/UCP should seek assistance from immigration specialists. You may consider consulting with an attorney who belongs to the American Immigration Lawyers Association (AILA).

Medical (Health) Insurance for Visa Holders

Medical (Health) Insurance for International Visitors

H-1B Visa Holders: Because H-1B visa holders are UCAR employees, they are eligible to purchase group medical insurance in accordance with UCAR's benefit plans.

J-1 Visa Holders: Exchange Visitors are required to have medical insurance in effect for themselves and any accompanying spouse and minor children on J visas for the duration of their exchange program. At a minimum, insurance coverage shall include: (1)medical benefits of at least U.S. $100,000 per person per accident or illness; (2)repatriation of remains in the amount of U.S. $25,000; and (3)expenses associated with medical evacuation in the amount of U.S. $50,000.; A policy secured to fulfill the insurance requirements shall not have a deductible that exceeds U.S. $500 per accident or illness, and must meet other standards specified in the Exchange Visitor Program regulations: http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=a84a2522d23ee73d7f8787bba4237197&ty=HTML&h=L&mc=true&r=PART&n=pt22.1.62#se22.1.62_114

Please note that UCAR’s Kaiser policy meets the Exchange Visitor (J-1) requirements, however, UCAR’s Cigna plan does not meet the Exchange Visitor (J-1) deductible requirement and thus DOES NOT meet the Exchange Visitor (J-1) medical insurance requirements. 

 


 

DISCLAIMER: U.S. immigration laws are very complex. The information contained in these files is designed specifically as assistance for visitors and scholars at UCAR/NCAR/UCP. Immigration laws are constantly changing, and even though we will attempt to keep these files up to date, we cannot guarantee their completeness or accuracy. The information contained herein is not intended to create an attorney/client relationship nor can it be construed as legal advice. For further information, please contact the UCAR Immigration Specialist or an immigration attorney. Other individuals not affiliated with UCAR/NCAR/UCP should seek assistance from immigration specialists. You may consider consulting with an attorney who belongs to the American Immigration Lawyers Association (AILA).

Possible Delays in Obtaining/Renewing CO Driver's Licenses

It has recently come to our attention, that many foreign nationals throughout the state of Colorado have been experiencing long delays when obtaining and renewing their Colorado driver's licenses.

A new system, the Systematic Alien Verification for Entitlements (SAVE) Program, has recently been implemented by the Federal Government, and the Colorado Department of Motor Vehicles (DMV) must verify information in this system before issuing or renewing a license. It seems that there have been delays with the input of immigration information into the SAVE system. Therefore, when there is a lack of information or conflicting information within the SAVE system, the local DMV offices are sending those individuals to the main office in Lakewood for further investigation. Many people who have gone through this process are being told that delays of up to five weeks are to be expected, while the required information is obtained. Some people have reported waiting even longer.

In order to minimize any possible negative impact, we want to inform our foreign visitors that significant delays are possible when obtaining and renewing a Colorado driver's license. We are recommending that those who need to renew a license, consider doing so up to 90 days in advance of the expiration date. This will minimize the possibility of delays that could result in the expiration of a driver's license before an extension is received.

We also recommend that if divisions know of international visitors who will need a new visa or an extension of visa status, to start this process early, to further ensure that information in the SAVE system is entered or updated as soon as possible.

Please understand that we have no further information about the SAVE system or the new processes that DMV is required to implement. We only know that significant delays are taking place that have resulted in some people being left without a license for a period of time. Our hope is simply to inform our international visitors and programs that this is a possibility, so that when possible, steps can be taken to minimize any adverse impacts on those who need to obtain or renew a Colorado Driver's License.


DISCLAIMER: U.S. immigration laws are very complex. The information contained in these files is designed specifically as assistance for visitors and scholars at UCAR/NCAR/UCP. Immigration laws are constantly changing, and even though we will attempt to keep these files up to date, we cannot guarantee their completeness or accuracy. The information contained herein is not intended to create an attorney/client relationship nor can it be construed as legal advice. For further information, please contact the UCAR Immigration Specialist or an immigration attorney. Other individuals not affiliated with UCAR/NCAR/UCP should seek assistance from immigration specialists. You may consider consulting with an attorney who belongs to the American Immigration Lawyers Association (AILA).

Travel while in non-immigrant visa status

Travel while in non-immigrant visa status


Passports | Visas | I-94 Arrival/Departure Record  | Exchange Visitor (J-1) document requirements | H-1B document requirements | F-1 document requirements


TRAVEL OUTSIDE OF THE UNITED STATES WHILE IN VISA STATUS

Both salaried and non-salaried international visitors and scholars are strongly encouraged to contact UCAR's Immigration Specialist, (303) 497-8705, prior to any travels outside of the United States while in U.S. visa status. Depending on the visa type, written authorization may be required to allow the international visitor to return to the U.S. If the visitor's visa status has changed or has been extended, a new visa stamp may be required to reflect the changes. This may require an appointment by the international visitor to a U.S. Embassy in the country they will be visiting. However, please note that it is becoming increasingly difficult to obtain a new visa stamp in a country other than the visitor's home country. We strongly advise that the visitor make plans to visit his or her home country to get the visa stamp, when required. 

Please note: new procedures at all U.S. Embassies are meaning longer wait times for visas.  Please be sure to plan ample time for the visa application process - at least 4-6 weeks. Additionally, there may be other conditions or considerations associated with a visa status that could jeopardize work authorization or appointment status. UCAR's Immigration Specialist will be able to assess your situation and also inform you of what documentation may be required for travel in and out of the United States.

A list of U.S. Embassy web sites can be found here: http://www.usembassy.gov/. You are strongly encouraged to review the web site or contact the U.S. Embassy you will visit prior to your travels to inquire about timelines, required documentation and any special requirements that Embassy might impose. Each Embassy's processing procedures differ, and the process may impact the timeline for your travels.

ENTERING THE U.S.:  Occasionally there are questions at the port of entry and the Immigration Official may decide to deny entry to the visitor.  Having a visa stamp does not guarantee that you will be allowed to enter the U.S.  Anyone who is denied admission at a U.S. port of entry should be very cautious about arguing with the immigration official.  You may risk being issued "expedited removal," which now entails a five-year bar on admission to the U.S. If you are denied admission, first try to contact UCAR's Immigration Specialist, 303-497-8705 for assistance, but also make it known to the Immigration Official that you are willing to withdraw your application for admission to the country rather than be subject to expedited removal.  Please remember that the Immigration Official has the final say in whether a prospective visitor may enter the country.

Special note to applicants for H-1B visas: If the visitor is currently in the U.S. in another visa status, he or she is advised not to leave the country while the H-1B application is pending.  Doing so may jeopardize the pending application and it could be denied by USCIS. 

Depending on the home country, some visitors/scholars may need additional travel visas to enter certain countries. Information and procurement of additional travel visas can be obtained through a local international travel agent.


PASSPORTS

Your passport must be valid at least six (6) months into your authorized visit dates, otherwise the U.S. Embassy will not issue you a visa. It is your responsibility to note the expiration date of your passport and to have it extended at least six months before it expires. Passports may take a number of weeks to process. Please take into consideration adequate processing time of this document prior to making any travel arrangements.

VISAS

A visa is a document stamped or affixed to a bearer's passport that enables the bearer to apply for admission into the United States under the conditions specified for the type of visa the bearer holds. A visa is not authorization for employment, nor is it a guarantee that the visa holder will be allowed entry. Work authorization is additional documentation a nonimmigrant receives that verifies employment eligibility in the United States. Different visa types carry different document restrictions - we strongly recommend that you contact UCAR's Immigration Specialist when planning international travel in order to determine what documents you will need to carry.

All visiting international scholars, regardless of the immigration arrangements made for them, must have official appointments with UCAR. There are a variety of visa categories available to bring international visitors or scholars to UCAR on either salaried or non-salaried appointments. International visitors and scholars are strongly urged to use the appropriate visa when traveling to the United States. If you have any questions as to what type of visa is appropriate for your appointment, please contact UCAR's Immigration Specialist for assistance. Please note that the U.S. Citizenship and Immigration Services (USCIS) may deny an application for a change of status for a visitor who indicates one intention when first entering the U.S. and then immediately develops a different set of intentions.

Information on the visa types most used by UCAR visitors is available at the links below. Processing information is also outlined. Please feel free to contact your host administrator or UCAR's Immigration Specialist if you have any questions.

Exchange Visitor (J-1) H-1B Employment Visa
F-1 Student Visa B-1 Business Visa
TN Visa Visa Waiver Program
Permanent Residency (Green Card)  

I-94 ARRIVAL/DEPARTURE RECORD

I-94 Issued by Customs and Border Protection (CBP) at the U.S. Port of Entry (POE)

Upon arrival, if the CBP officer at the POE agrees that the individual is eligible to enter the United States in the requested visa category, the CBP officer will issue an I-94 arrival/departure record. The CBP officer stamps the travel document of each arriving non-immigrant traveler with the admission date, the class of admission, and the date that the traveler is admitted until. This information is entered into an I-94 database and an arrival/departure record is created. If travelers need the information from their Form I-94 admission record to verify immigration status or employment authorization, the record number and other admission information is available through a retrieval tool.

Importance of I-94 Expiration Date

The I-94 record and stamp in the passport lists an expiration date, indicating how long you are allowed to stay in the United States. This date is not necessarily the same as the expiration date of the visa. For example, a tourist admitted on a multiple-entry B-2 visa, valid for 10 years, is only permitted to stay in the United States for a maximum of six months at a time. The permitted time is set out in the I-94. It is very important to pay attention to the I-94 expiration date. You must depart the United States by the I-94 expiration date. If you wish to remain in the United States longer, you must file an application for extension of status (EOS) or change of status (COS) before the I-94 expiration date. Failure to do so will result in overstaying your status. It is extremely importantthat you know what date has been entered in the passport and I-94 system to avoid inadvertently staying beyond the period of authorized admission. Overstaying the authorized period of stay can have serious consequences including inadmissibility bars on entry, visa revocation, and removal proceedings.

If you have "D/S" (Duration of Status) written on your I-94 instead of a date, then you are eligible to remain in the United States for the time period listed on your associated visa status document (DS-2019, I-20, etc.). 

If you are traveling to the United States in TN (NAFTA) status from Canada, your I-94 record will become your work authorization documentation and the document you will need to present to prove your eligibility to work in the United States.


Exchange Visitor (J-1) Document Requirements

In order to re-enter the United States, Exchange Visitor (J-1) visa holders must have a valid passport, valid Exchange Visitor (J-1) visa stamp, and the original DS-2019 document with a travel authorization signature. Please contact International Visitor and Scholar Services for more information and to obtain a travel authorization signature.

H-1B Document Requirements

In order to re-enter the United States, H-1B visa holders must have a valid passport, valid H-1B visa stamp, and a valid I-797 H-1B approval notice document. It is also recommended that they obtain an employment verification letter to carry with them in case they are asked to provide evidence of employment. Special note to applicants for H-1B visas: If the visitor is currently in the U.S. in another visa status, he or she is advised not to leave the country while the H-1B application is pending.  Doing so may jeopardize the pending application and it could be denied by USCIS.

F-1 Document Requirements

If you have F1 status, please check with the school that sponors your F-1 visa for information about traveling and re-entering the United States.


TRAVEL INSIDE OF THE UNITED STATES WHILE IN VISA STATUS

If you are planning a trip within the United States by car, bus, train or air plane, it is essential that you have your passport and visa documents with you. Since September 11, 2001, there has been heightened security not only at all border crossings, but also at bus terminals, train terminals, and airports throughout the United States. Police from multiple agencies; federal, state and municipal, patrol these areas. People may be stopped and questioned randomly. Therefore, foreign nationals are urged to be sure to have their passports and visa documents (I-20, DS-2019, or I-797A), with them for ALL distance travel. If have J visa status, be sure that the DS-2019 has been signed to authorize travel.  If you are applying for a change of non-immigrant status, visa petition, or EAD card, be sure to carry your USCIS receipt notice as well, which proves that you have an application pending with the Immigration Service. A person without valid travel documents can be arrested, threatened with deportation and taken into Immigration and Customs Enforcement (ICE) custody.

For more information on travel for international visitors, please see the US Customs and Border Patrol site at: http://www.cbp.gov/travel


DISCLAIMER: U.S. immigration laws are very complex. The information contained in these files is designed specifically as assistance for visitors and scholars at UCAR/NCAR/UCP. Immigration laws are constantly changing, and even though we will attempt to keep these files up to date, we cannot guarantee their completeness or accuracy. The information contained herein is not intended to create an attorney/client relationship nor can it be construed as legal advice. For further information, please contact the UCAR Immigration Specialist or an immigration attorney. Other individuals not affiliated with UCAR/NCAR/UCP should seek assistance from immigration specialists. You may consider consulting with an attorney who belongs to the American Immigration Lawyers Association (AILA).

Visas

PROCESSING VISAS

UCAR Policy Statement
 
Visa Definition and Denial of Entry

Exchange Visitor (J-1)
Dependents (J-2)

Foreign National

Temporary Worker (H-1B)
Dependents (H-4)

Student Worker (F-1)
Dependents (F-2)

Visa Waiver
Dependents

NAFTA Worker (TN)
Dependents (TD)

Business (B-1)/Tourist (B-2) Visitors

Permanent Resident ("Green Card")
Dependents

Diversity Lottery - The Diversity Visa program is an annual lottery in which natives of eligible countries can apply to be randomly selected to receive an immigrant visa.
Miscellaneous FAQs


UCAR POLICY STATEMENT

UCAR hires and compensates only those foreign nationals who are permanent U.S. residents or who possess an appropriate work authorization for the position being sought. UCAR may sponsor and provide financial and staff support for foreign nationals to aid in their application for non-immigrant visa status, and when appropriate, for permanent residency. Financial support is based upon the funding availability in the hiring entity.

VISA DEFINITION

A document stamped or affixed to the bearer's passport that enables the bearer to travel to the United States under the conditions specified for the type of visa the bearer holds. The visa is an approval for the foreign national to travel to the U.S. and ask permission to enter. It does not automatically allow admission into the U.S. nor is it any type of employment authorization.

Denial of Entry

Occasionally there are questions at the port of entry and the Immigration Official may decide to deny entry to a visitor.  Having a visa stamp is not a guarantee of entry.  Anyone denied admission at a U.S. port of entry should remain courteous and cordial with immigration officials.  Contentious behavior may result in "expedited removal," which entails a five-year bar on any admission to the U.S. If you are denied admission, first try to contact UCAR's Immigration Specialist at 303-497-8705 for assistance.  Also make it known to the Immigration Official that you are willing to withdraw your application for admission to the U.S. rather than be subject to expedited removal.  Please remember that the Immigration Official has the final say in whether a prospective visitor may enter the country.

FOREIGN NATIONAL

Anyone who is not a citizen of the United States but is traveling to the U.S. to work or visit.


Return to Table of Contents


DISCLAIMER: U.S. immigration laws are very complex. The information contained in these files is designed specifically as assistance for visitors and scholars at UCAR/NCAR/UCP. Immigration laws are constantly changing, and even though we will attempt to keep these files up to date, we cannot guarantee their completeness or accuracy. The information contained herein is not intended to create an attorney/client relationship nor can it be construed as legal advice. For further information, please contact the UCAR Immigration Specialist or an immigration attorney. Other individuals not affiliated with UCAR/NCAR/UCP should seek assistance from immigration specialists. You may consider consulting with an attorney who belongs to the American Immigration Lawyers Association (AILA).

Exchange Visitor Program (J-1 Scholars)

Exchange Visitor Program (J-1 Scholars)

The J Exchange Visitor category was developed to implement the Mutual Educational and Cultural Exchange Act (Fulbright-Hayes Act) of 1961. The overall purpose of that Act, and the objective of the Exchange Visitor category, is "to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges." The US Department of State oversees the J Exchange Visitor Program.

While the J Exchange Visitor Program has numerous categories that provide opportunities for international cadidates to travel to the U.S. to gain experience in the U.S., UCAR is authorized to sponosr J-1 Research Scholars and J-1 Short-term Scholars only for certain kinds of short-term appointments. These visitors may either receive a salary as UCAR employees or may receive a temporary living per diem, honorarium, and travel expenses. Exchange Visitor (J-1) visas may be granted for up to five years, and an Exchange Visitor may transfer to another type of visa under certain conditions. One expectation of the Exchange Visitor Program is that the foreign national intends to return to their home country after their Exchange Visitor (J-1) visit. Proof of residency in their home country may be requested. There are also some countries that require an Exchange Visitor (J-1) to return to their home country for two years before applying for certain types U.S. visas. Additionally, there is a 12-month and 24-month bar that may impact a potential UCAR visitor, as well as impact future visits to the U.S. after participating in a Exchange Visitor (J-1) program. It is very important to note that J-1 Exchange Visitors in the Research and Short-term Scholar categories are required to have a minimum of a bachelor's degree to participate. Please contact UCAR's Immigration Specialist for detailed information.

Medical/helath insurnace requirements for Exchange Visitor (J-1) Visa Holders:

Exchange Visitors are required to have medical insurance in effect for themselves and any accompanying spouse and minor children on J visas for the duration of their exchange program. At a minimum, insurance coverage shall include: (1)medical benefits of at least U.S. $100,000 per person per accident or illness; (2)repatriation of remains in the amount of U.S. $25,000; and (3)expenses associated with medical evacuation in the amount of U.S. $50,000.; A policy secured to fulfill the insurance requirements shall not have a deductible that exceeds U.S. $500 per accident or illness, and must meet other standards specified in the Exchange Visitor Program regulations: http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=a84a2522d23ee73d7f8787bba4237197&ty=HTML&h=L&mc=true&r=PART&n=pt22.1.62#se22.1.62_114

Application Procedure:

The Division/Program or foreign national must notify the Human Resources Department (HR) immediately when an Exchange Visitor Visa (J-1) is required. The visitor and host division must complete the Visa Information Form.  Frequently, the Exchange Visitor (J-1) visa can be obtained in a few days, but due to increased security checks, the visa may take up to eight weeks to obtain, or longer in certain countries. Application fees are required and can be paid for by the host division or program or by the visitor. Once HR receives both Part 1 and Part 2 of the J visa information form, HR generates a DS-2019 form for the visitor (and for the visitor's dependents, if applicable), and sends the form to the foreign national via FedEx. The DS-2019 is the work authorization for the foreign national, not the Exchange Visitor (J-1) visa stamp. The Exchange Visitor is responsible for tracking the starting and ending dates of the DS-2019. The foreign national takes the DS-2019 along with other required documentation (such as birth certificates, passports, proof of residency, photographs, etc.) to the U.S. Embassy nearest his or her place of residence for a Exchange Visitor (J-1) visa stamp. If the visitor is already in the U.S., approval for extensions and transfers are sought through the U.S. Department of State (DOS) office by the HR office. Please note: new procedures at all U.S. Embassies are meaning longer wait times for visas.  Please be sure to plan ample time for the visa application process - at least 4-6 weeks.

Once the visa is issued, the foreign national may travel to the U.S. The foreign national has a brief interview with a CBP (Customs and Border Protection) official either at the airport of departure or upon arrival in the U.S. The purpose is to verify the intentions of the foreign national in coming to the U.S. and to issue an Arrival/Departure Record (I-94). It is the final step in obtaining authorization to enter the U.S.

Dependents (J-2 visa):

Human Resources must also be notified if the foreign national has dependent family members who will be traveling with him or her and will require dependent (J-2) visas. Family members (spouses and unmarried dependent children under 21) may receive visas to travel with the Exchange Visitor or separately. Dependents need to be included on the Visa Information Form. Applications for family members' visas are submitted to the U.S. Embassy with the Exchange Visitor's application. J-2 dependents may apply to USCIS for work authorization upon fulfilling certain requirements. UCAR does not apply for this type of work authorization. Extensions and transfers for dependent family members are processed at the same time as those of the Exchange Visitor. Application fees are required and are paid by the host division. Proof of residency and proof of relationship to the foreign national will be required.  Please note, common-law marriages are not recognized by USCIS or DOS. All J1 regulations, including medical insurance requirements, two year home rule, and 12- and 24-month bars apply to J2 holders as well.

Changes, Extensions, and Transfers:

If information on the DS-2019 is incorrect or changes at any time during the visit, HR must be notified to prepare a replacement DS-2019 form. If an extension is required, the Exchange Visitor must contact Human Resources prior to the expiration date. HR will issue an extended DS-2019. Exchange Visitor (J-1) regulations have recently changed, increasing the maximum time allowed in the J-1 "Research Scholar" category to five (5) years. However, with this increase in time, a 24-month bar to repeat participation in the "Research Scholar" category has also been implemented. UCAR also can bring visitors in the J-1 "Short-Term Scholar" category. This category has a limit of six months maximum for each visit to the US in this category, however, there is no bar to repeat participation at this time. For more detailed information on the 24-month bar or the "Short-Term Scholar" category, please contact UCAR's Immigration Specialist at smontoya@ucar.edu or at 303-497-8705.

Some Exchange Visitors are subject to a two-year home residency requirement in their country before they can apply for any other type of visa, unless they apply to the DOS for a waiver. An Exchange Visitor (J-1) can apply to be transferred to another type of visa (usually an H-1B visa) as long as the two-year home rule residency requirement does not apply or if a waiver has been approved, and the Exchange Visitor meets the requirements of the new visa. The transfer can be accomplished any time during the time the Exchange Visitor (J-1) visa is valid; however, a six-month notice to HR is necessary in order to allow enough time to process and secure the H-1B visa.

Any change in status through extensions or transfers may require a new visit to the U.S. Embassy if the visitor travels out of the U.S. In order to return to the U.S., the information on the visa must coincide with the information on the DS-2019. Please contact HR to review this information.

Foreign nationals are STRONGLY encouraged not to apply for permanent residence (green card) status while on an Exchange Visitor (J-1) visa. Foreign nationals are recommended to be in H-1B temporary worker status prior to applying for permanent residency status. (See "Permanent Resident (Green Card Status)").

Travel Out of the United States:

Exchange Visitors are STRONGLY encouraged to contact Human Resources prior to any travel out of the U.S. Signatures may be required on the DS-2019 and travel authorization may be required. Failure to secure this information may result in serious travel delays or penalties.

Out of Status:

There are serious consequences for those who allow their DS-2019 status to expire. It is critical that the foreign national is aware of the starting and ending dates on their DS-2019 (and their visa stamp) and make arrangements with Human Resources to either extend or transfer their status prior to expiration. Important notice: The visitor's authorized status is determined by the dates on the DS-2019, not the Exchange Visitor (J-1) visa stamp.


DISCLAIMER: U.S. immigration laws are very complex. The information contained in these files is designed specifically as assistance for visitors and scholars at UCAR/NCAR/UCP. Immigration laws are constantly changing, and even though we will attempt to keep these files up to date, we cannot guarantee their completeness or accuracy. The information contained herein is not intended to create an attorney/client relationship nor can it be construed as legal advice. For further information, please contact the UCAR Immigration Specialist or an immigration attorney. Other individuals not affiliated with UCAR/NCAR/UCP should seek assistance from immigration specialists. You may consider consulting with an attorney who belongs to the American Immigration Lawyers Association (AILA).

H-1B Scholars

H-1B Temporary Worker

The H-1B temporary worker visa is an employment visa valid for up to six years in three-year increments.  An H-1B visitor is an foreign national coming temporarily to perform services in a specialty occupation. A specialty occupation is one which requires the theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation and requires completion of a specific course of education culminating in a baccalaureate degree in a specific occupational specialty.  This classification requires a labor attestation issued by the Secretary of Labor.  Engineers, scientists, and systems analysts in most cases easily meet the qualifications required. 

H-1B workers must receive a salary to qualify for this visa. UCAR sponsors this visa for persons of outstanding skills. This visa usually takes several months to obtain and is usually granted for an initial period of three years. It may be extended an additional three years for a total of six years. The U.S. Congress sets annual quotas on this visa and once the quota has been reached, no further new H-1B visas can be issued in that fiscal year. The fiscal year runs from October 1 - September 30. Currently, UCAR is exempt from the H-1B visa cap.

Workers on this visa are only allowed employment at the host facility. To work for another company, or at another location, the new host must submit a new H-1B visa application to transfer the worker to their facility. The time spent at each host site must not total more than the maximum of six years allowed on an H-1B visa.  A Portability Provision allows workers who are changing companies to begin work with the new company once the new company receives notice that the H-1B transfer application has been filed with the USCIS.

The H-1B visa process can take from three months to six months to complete.**  In certain circumstances, Premium Processing is available for an additional $1,410 fee, payable by either the host division or the applicant. Premium processing guarantees and answer on the application within 15 calendar days. Note that it takes several weeks to prepare the application as well. The visitor and the host division program will be kept informed on the status of the application process. Additionally, extensions of an H-1B can also take up to six months to process.  It is the responsibility of the visitor to begin the visa renewal process at least six months prior to expiration of current status.

**note that as of 3/19/2019, USCIS procssing times for H-1B applications are at 10.5 to 13.5 months.

Family members can apply for H-4 dependent visas. 

Application Procedures:

The foreign national or the host division must notify Human Resources (HR) that an H-1 visa is required. The application process takes approximately three to six months to complete. Application fees are required and will be paid for by the host division, with the exception of the Premium Processing fee, which may be paid by either the division or the visitor, if this service is desired. The host division must also supply HR with specific job information and an account number for express mail billing.

If the visitor is currently in the U.S. in another visa status, the H-1B application will include a change of status application along with the H-1B application.  UCAR will apply for the visa through the United States Citizen and Immigration Services (USCIS) processing center.  If the visitor is currently in the U.S. in another visa status, he or she is advised not to leave the country while the H-1B application is pending.  If the visitor leaves the country while the H-1B visa application is pending, by law he or she will be taken off payroll once the visa is approved and cannot be reinstated without leaving the country and returning with the H-1B visa stamp in his or her passport.

A visitor who changes status will not have to visit a U.S. Embassy unless he or she travels outside of the U.S.  If the visitor does travel outside of the U.S., then a new visa stamp will be required to reflect the current H-1B visa status before entry back to the U.S. will be permitted by USCIS. Please note: new procedures at all U.S. Embassies are meaning longer wait times for visas.  Please be sure to plan ample time for the visa application process - at least 4-6 weeks.

If the visitor does not have a current U.S. visa, USCIS will send approval information to the U.S. Embassy near the visitor’s place of residence.  A copy of the approved H-1B visa materials will also be sent to the visitor.  The visitor is required to bring these materials to that U.S. Embassy to apply for an H-1B visa stamp.  No additional visits to a U.S. Embassy will be required for foreign travel unless the visitor’s visa stamp expires or no longer reflects current status.

Human Resources will send the foreign national an instruction letter and a Visa Information Form for the foreign national to complete. The foreign national will be asked to supply copies of the following:

  • A copy of visitor’s current I-94 record (if currently in the US) - this can be retrieved and printed at: https://i94.cbp.dhs.gov/.
  • A copy of visitor’s Ph.D. certificate, or highest completed diploma.  (The field of study must be indicated.) If the original is in a language other than English, a certified English translation is required.
  • If the highest completed degree was obtained from an academic institution outside of the United States, a credential evaluation is required. You are free to choose any credential evaluation service this is certified by the National Association of Credential Evaluation Services (NACES). Note that some of the evaluation service providers offer expedited or even overnight processing for an additional fee. UCAR does not endorse any specific evaluation service, but can provide the following list of services that are certified by NACES:
    www.ece.org
    www.wes.org
    www.ierf.org
    www.Educei.com  
    Silvergate Evaluations: https://silvergateevaluations.com/pricing-2/
    FIS: https://www.fis-web.com/
  • A copy of visitor’s most recent curriculum vitae.
  • A copy of the job description or research proposal for visitor’s appointment at UCAR/NCAR.
  • Visitor’s current work address, phone, e-mail, and fax numbers.
  • Visitor's home address and phone number.
  • Name, location, phone number of your UCAR host.
  • City and state you will work and reside during your appointment with UCAR.
  • Address and phone number where approved H-1B materials can be sent to visitor (if different from above).
  • A copy of visitor’s current visa stamp (if currently in the US).
  • Copies of all of DS-2019 documents and J-1 passport visas, if visitor currently, or has ever held, J-1 Exchange Visitor visa status.
  • A copy of approved waiver of 2-year home residence requirement for J-1 visa holders, if applicable.
  • A copy of I-20 if visitor is currently in F-1 status.
  • For those who currently hold F-1/OPT status, evidence of employment for the duration of the OPT status is required to illustrate maintenance of OPT status and employment requirements. This can be in the form of paystubs and/or a verification letter from the employer stating dates of employment and hours worked.
  • A copy of I-797 approval notice, if visitor is currently in H-1B status.
  • A copy of visitor’s passport identification pages including photograph.
  • A copy of visitor’s Employment Authorization Card (if applicable).
  • A completed copy of the Visitor Information Form.
  • For extensions of H-1B status, pay stubs for the previous three months are required as evidence of employment and maintenance of status.
  • Dependents' materials, if applicable.

The following information is required from the host division/program:

  • The administrator or contact name for the division/program regarding visitor appointment.
  • Anticipated starting date for visitor.
  • Salary for visitor.
  • Title for visitor.
  • Title of visitor’s supervisor, and whether the visitor will be supervising anyone.  If so, title(s) of visitor’s subordinate(s).
  • A brief outline of duties/responsibilities for the visitor’s appointment.
  • Account code for FedEx materials to be sent to USCIS and the visitor.
  • Check authorization for application fees (currently $460+$500 anti-fraud fee/worker; $1410 optional premium processing fee).  At the appropriate time, a check request will be sent for authorization.

Once all the required information is collected, HR will submit the necessary application materials to the Department of Labor and the United States Citizen and Immigration Services. The application process can take up to six months. When approved, UCAR will receive notification. If the foreign national is out of the United States, the materials will be sent to the foreign national who will take the materials to the nearest Embassy to receive an H-1B visa stamp in his/her passport. Once the visa is issued, the foreign national may travel to the U.S. The foreign national will have a brief interview with a CBP (Customs and Border Protection) official either at the airport of departure or upon arrival in the U.S. The purpose is to verify the intentions of the foreign national in coming to the U.S. and to issue an Arrival/Departure Record (I-94 card). It is the final step in obtaining work authorization.

If the foreign national is in the U.S. under a different visa status, he/she will receive a change of status to an H-1B visa, which will take effect on the start date on the H-1B card. The foreign national need do nothing further as long as he/she remains in the U.S. He/she is authorized to be in the U.S. and to work for the duration of dates on the H-1B visa. If the foreign national travels outside of the U.S., he/she will be required to visit a U.S. Embassy to get a new visa stamp prior to returning to the U.S. The foreign national must present all of the H-1B application materials to the Embassy official that will be sent with the H-1B approval notice visa from the HR office. HR will need to be notified also to provide additional employment information for this process.  As noted above, new procedures at all U.S. Embassies are meaning longer wait times for visas.  Please be sure to plan ample time for the visa application process - at least 4-6 weeks.

The foreign national is required to track the beginning and ending dates of his/her visa and to notify Human Resources if an extension or transfer is required prior to expiration. H-1B visas are valid for up to six years in three-year increments. Extensions of H-1B visas also can take up to six months to process so a six month advance notice is required.

Extensions and Transfers:

Human Resources must be notified six months in advance of the expiration of an H-1B visa in order to apply to extend it. H-1B visas holders interested in transferring visas in order to remain in the U.S. usually move on to permanent residency status, if they meet the criteria for such status. H-1B and H-4 visas can be extended for up to a total of six years.

Dependents (H-4 visa)

Dependent family members include legal spouses and unmarried dependent children under 21. Dependents may receive visas to travel with the foreign national or separately. Proof of residency and proof of relationship to foreign national will be required.  Please note: the USCIS and the DOS do not recognize common-law marriages.

If the foreign worker and dependents are traveling to the U.S. initially on an H-1B or if the dependents are traveling separately, applications for family members' visas are submitted to the U.S. Embassy nearest their place of residence subsequent to the approval of the foreign national's approval of an H-1B visa.

If the foreign worker's dependents are already in the U.S. in another status, a change of status application form must be completed and submitted along with the foreign worker's H-1B application materials. 

Please note: UCAR is unable to financially support filing fees for H-4 dependents. Also, H-4 dependents can obtain work authorization only under very specific circumstances: https://www.uscis.gov/working-united-states/temporary-workers/employment-authorization-certain-h-4-dependent-spouses

When H-4 dependent children turn 21, they are no longer considered "children" under the I.N.A., and are thus no longer eligible for H-4 status. In order to remain in the United States, they must change to another nonimmigrant status (INA § 101(b)(1)).

The following documents are required from the visitor’s dependents to apply for an H-4 visa(s):

(Dependents include married spouses and children under 21 years of age.)

Dependents who are currently in the U.S. must provide the following documents:

  • Complete Form I-539 and supplement for those dependents needing a visa.  The form may be found at: https://www.uscis.gov/i-539.  It may be filled out on the computer, but must be printed and sent to the Immigration Specialist as a hard copy.
  • Copy of dependents’ current I-94 card(s) (front and back);
  • Copy of dependents’ passport(s) including photo page
  • Required filing fees. You may pay the fee with a money order, personal check, or cashier’s check. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security. Please note that service centers are not able to process credit card payments.

For dependents that do not have visas (are not currently in the U.S.), application is made at a U.S. Embassy near their place of residence.

  • Passports, proof of residency and relationship to visitor must be brought to the U.S. Embassy to complete application paperwork.  This can be done at the time you take your approved H-1B materials to the Embassy for your visa stamp.  Again, please note: new procedures at all U.S. Embassies are meaning longer wait times for visas.  Please be sure to plan ample time for the visa application process - at least 4-6 weeks.

Check the Status of Your H-1B Application Online

The status of pending cases at the USCIS Service Centers may be checked via the Internet: https://egov.uscis.gov/casestatus/


DISCLAIMER: U.S. immigration laws are very complex. The information contained in these files is designed specifically as assistance for visitors and scholars at UCAR/NCAR/UCP. Immigration laws are constantly changing, and even though we will attempt to keep these files up to date, we cannot guarantee their completeness or accuracy. The information contained herein is not intended to create an attorney/client relationship nor can it be construed as legal advice. For further information, please contact the UCAR Immigration Specialist or an immigration attorney. Other individuals not affiliated with UCAR/NCAR/UCP should seek assistance from immigration specialists. You may consider consulting with an attorney who belongs to the American Immigration Lawyers Association (AILA).

Announcements

PANDEMIC-RELATED IMMIGRATION TRAVEL
The United States currently has various pandemic-specific travel bans and restrictions in place, and because many U.S. Embassies are still closed or operating at limited capacity, visa processing remains suspended or delayed. As resources allow, however, embassies and consulates are continuing to provide emergency and mission-critical visa services, as well as processing National Interest Exceptions for those who qualify. Overseas missions will resume routine visa services as soon as possible but are unable to provide a specific date at this time. Individuals interested in the operations of a particular post should contact that embassy or consulate directly

On June 22, President Trump signed a new proclamation regarding the entry of certain immigrants and nonimmigrants into the United States. The new proclamation extends the previous proclamation limiting entry for certain individuals who are currently outside the United States (through December 31, 2020). This may have implications for anyone applying for H1B visas and green cards from outside the United States.

Conditions continue to evolve, so keep an eye on the following NAFSA information, which is being updated regularly:

Information regarding the June 22 proclamation
Overview of all COVID-related travel bans and restrictions

Visitors should work through their travel coordinator if any questions arise.


Partial Government Shutdown, December, 2018 – Impact on US Immigration

As of midnight on December 21, 2018, US Congress and President Trump were unable to pass a bill to extend funding of the Federal government, thus creating a partial shutdown of non-essential government services. All services will resume when an agreement is reached, however there is no news at this time as to when that will occur. Because many US Immigration services are considered essential, or are “fee-funded,” very few impacts will be seen during this shutdown. Most notably, President Trump signed a minibus appropriations bill in September of 2018 that funds the US Department of Labor (DOL) through the end of Septmeber, 2019. Thus, unlike with past shutdowns, DOL will remain operational and there will be no impact on H-1B applications; all processing will proceed as normal. 

The following agencies/services will also remain operational and in place during the shutdown:

  • UCAR’s J-1 Exchange Visitor Program and the J-1 SEVIS database continue to operate as normal, as these are fee-funded programs.
  • US Customs and Border Protection (CBP) – No impact on US entry processing will occur, as CPB’s role is directly related to national security, and therefore considered essential.
  • US Embassies/Consulates - At this time, it appears that US Embassies will remain operational, to include the Consular processing of US visas. Because visa services are partially fee-funded, these services should continue to operate normally. However, if the shutdown continues for an extended period of time, these services may be impacted. If you have a visa appointment, please plan on attending the appointment as scheduled, unless otherwise notified by the Embassy/Consulate. You can check with the Embassy in your area to confirm that Consular visa processing remains operational. Many US Embassy websites have already been updated with this information. A list of all US Embassy websites can be found here: https://www.usembassy.gov/
  • USCIS offices and services will be minimally impacted, as they are largely fee-funded as well. USCIS will continue processing H-1B and Permanent Residency applications during the shutdown, since funding for these activities is provided by the application filing fees. 


Update - Congress has until March 23rd to finalize the fiscal 2018 budget or to pass another temporary funding exension. If lawmakers fail to come to an agreement, another government shutdown will occur.

Government Shutdown, January 20, 2018 – Impact on US Immigration

As of January 20, 2018, US Congress was unable to pass a bill to extend funding of the Federal government, thus creating a partial shutdown of non-essential government services. All services will resume when Congress reaches an agreement, however there is no news at this time as to when that will occur. Because many US Immigration services are considered essential, or are “fee-funded,” impacts will only be seen in a limited number of specific areas.

The following agencies/services will remain operational and in place during the shutdown:

  • US Customs and Border Protection (CBP) – No impact on US entry processing will occur, as CPB’s role is directly related to national security, and therefore considered essential.  
  • US Embassies/Consulates - At this time, it appears that US Embassies will remain operational, to include the Consular processing of US visas. Because visa services are partially fee-funded, these services should continue to operate normally. However, if the shutdown continues for an extended period of time, these services may be impacted. If you have a visa appointment, please plan on attending the appointment as scheduled, unless otherwise notified by the Embassy/Consulate. You can check with the Embassy in your area to confirm that Consular visa processing remains operational. Many US Embassy websites have already been updated with this information. A list of all US Embassy websites can be found here: https://www.usembassy.gov/
  • UCAR’s J-1 Exchange Visitor Program and the J-1 SEVIS database continue to operate as normal, as these are fee-funded programs.
  • USCIS offices and services should not be impacted, as they are largely fee-funded as well.


The following agencies/services will not remain fully operational and services will be unavailable:

  • US Department of Labor (DOL) – DOL is not fee-funded, or considered “essential,” and so services are currently unavailable.  The processing of Permanent Labor Certifications (PERM), Labor Condition Applications (LCA), and prevailing wage determinations have come to a halt. This will impact the H-1B and green card/permanent residency process for some cases (please see below for more information on the limited cases that will be impacted).
  • Social Security Administration (SSA) – SSA is not fee-funded and will likely halt the processing of social security number applications and replacement card applications.
  • E-Verify – The E-Verify site will be offline during the shutdown. Employers will not be held to the usual E-Verify deadlines during the shutdown. Adverse action against any employee by an employer cannot take place due to an employer’s inability to verify employment eligibility in E-Verify due to the shutdown.

Disruptions to H-1B and green card/permanent residency petition processing are possible, depending on where the case is currently at in the process. All H-1B and green card applications that have been filed with USCIS will continue to be adjudicated. However, if a case is in the initial stages of processing, and an application or certification through the US Department of Labor (DOL) is in process, this will be delayed until the shutdown ends and DOL resumes processing. All H-1B petitions and some green card petitions require an application or certification from DOL before the application is considered complete and can be filed with USCIS for processing. If you have questions about the status of your pending H-1B or green card application, please do not hesitate to contact UCAR’s Immigration Specialist.

The situation remains very fluid. As significant updates or changes occur, the information on this page will be updated. Up-to-date information can also be found at the following NAFSA webpage:

http://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/Government_Shutdown_2018/  


 

UPDATE - Premium Processing service for cap-exempt nonprofit research or governmental research organizations, has resumed, effective July 24, 2017.

Suspension of expedited processing for H-1B applications, 03/2017

United States Citizenship and Immigration Services (USCIS) will be implementing a temporary suspension of its premium processing option for all H-1B visa applications. This service allows expedited processing of some applications with an additional fee. 

This change will have significant implications for NCAR/UCAR., It will make hiring any foreign national on an H-1B challenging, as we won't be able to give an estimate of when the application might be approved and when the person can start work. It may also affect our current H-1B holders needing extensions. 

In an effort to reduce the impact, we have reached out to all individuals at NCAR/UCAR who have H-1B status and are currently eligible for an extension to see if they are interested in using the premium processing option before the suspension goes into effect. Note that USCIS limits the ability to extend H-1B status to those whose current expiration date is six months or less in the future.

The biggest challenge we will likely face as an institution will be the impact on new hires. Currently, an H-1B application through regular processing is taking approximately 8 months (compared to premium processing in about 3-4 weeks), according to a processing table provided by USCIS. This delay could make it more difficult to hire foreign nationals with the unique expertise we need for certain positions or programs, and it could potentially drive highly skilled candidates to apply for positions in other countries, where the immigration process is more predictable and less cumbersome. UCAR is currently working to communicate the impacts this suspension could have on our organization, and the research community as a whole, to congressional leaders.

If your laboratory/program has hiring offers in place for any H-1B individuals with a start date within the next 6 months, please contact Shonna Montoya immediately to see if the April 2 deadline can be met for these individuals. We can also discuss other options that might be available to foreign nationals we plan to hire within the next 8 to 9 months. As noted above, we have already reached out to all current H-1B holders who are eligible for an extension at this time.

Our hope is that premium processing will be available again within the next 6 months and that we can use that program again this fall. 

Please see the information here for more details about how this suspension will affect certain individuals.


CBP will no longer issue I-94 cards, 04/2013

Beginning April 30, 2013 U.S. Customs and Border Protection (CBP) will begin phasing out the issuance of I-94 cards when foreign nationals enter the United States. Some foreign nationals may be accustomed to receiving the paper I-94 card in their passport when entering the United States. This form has always been a very important document and is often needed to obtain certain benefits in the U.S., such as obtaining a driver's license, social security number, etc. Form I-94 is the document that provides evidence of a foreign national's date of admission, class of admission, and the expiration of admittance in the U.S. (the foreign national must exit the U.S. on or before the departure date stamped on the I-94). Form I-94 also tracks each entry and departure from the United States. While a paper I-94 card will no longer be issued, theI-94 process is not changing, it is simply electronic. A stamp will now be placed in the passport that will provide the same informaion that has previously been stamped on the I-94 card (date of admission, class of admission and expiration of admission). This stamp will take the place of the acutal I-94 card and can be used as evidence of visa status and status/admission expiration. DMV, Social Security Administration and other benefit granting agencies have been advised to use the stamp in the passport as evidence in lieu of the hard copy I-94 card. In addition, there has been an I-94 web site added to CBP's site that allows foreign nationals to obtain a copy of (and print) their I-94 number and information: www.cbp.gov/i94

Please visit the CBP website for additional information: http://www.cbp.gov/sites/default/files/documents/i94_factsheet_2.pdf