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Administrative Manual - 213 Visa Programs

213 Jefferson Laboratory Sponsored Visa Programs

  1. PURPOSE

    This policy serves as a utensil for Jefferson Laboratory to fulfill part of its mission, as a Department of Energy state of the art User Facility, to promote international educational and cultural exchange and to provide research and employment opportunities to scientists of other countries.

  2. REVISION HISTORY
    DATE DESCRIPTION AUTHOR INITIALS
    02/27/2006 Original Document SFE

     

  3. POLICY

    The policy of Jefferson Laboratory is to:

    1. Offer research opportunities and employment at Jefferson Laboratory to international visitors and employees through the U.S. Citizenship and Immigration Service non-immigrant and immigrant visa programs.
    2. Offer qualified international scientists research opportunities through the Jefferson Laboratory J-1 Exchange Visitor Visa program.
    3. Offer permanent employees the opportunity of advancing their immigration status to Legal Permanent Resident of the U.S.
    4. Offer to all international visa holders, for purchase, a Visitor Medical Insurance policy which supports all required visa program regulations.
  4. DEFINITIONS
    1. U.S.Citizenship and Immigration Services is the branch of the federal government that develops and enforces all visa/immigration regulations and reviews and approves all visa petitions.
    2. J-1 Exchange Visitor Program provides foreign nationals with opportunities to participate in research exchanges in the U.S. and then return home to share their experience with their fellow citizens. Jefferson Laboratory was approved by the U.S. State Department to manage it's own J-1 program in three visa categories for research purposes, Short-Term Scholar, Research Scholar, and Specialist. These program categories allow international researcher visits to Jefferson Laboratory from 3 weeks up to 5 years.
    3. Permanent Employee is on staff at Jefferson Laboratory in a regular, full time employment position.
    4. Exchange Visitor is here on a visa at Jefferson Laboratory for a determined length of time to perform research, attend collaborations with local scientists, and share information from their home institution researchers, and upon return to their home country share the information gained at Jefferson Laboratory with their colleagues.
    5. Legal Permanent Resident is a foreign national who has attained the privilege of residing permanently in the U.S. as an immigrant. A "green card" holder.
    6. Visitor Medical Insurance is a sickness and accident policy offered by Jefferson Laboratory for purchase by all international visitors, domestic students, and post-docs to insure proper medical coverage while at the facility. The policy offered by Jefferson Laboratory satisfies all requirements of U.S. Citizenship and Immigration visa regulations and is a visa requirement for international visitors.
    7. Human Resources International Services Office provides assistance to all Jefferson Laboratory personnel regarding questions and concerns in the visa/immigration areas, and completes all visa/immigration petitions/correspondence for submittal to the U.S. Citizenship and Immigration Service. The Responsible and Alternate Responsible Officers for the Jefferson Laboratory J-1 Exchange Visitor Program resides in the HR International Services Office.
  5. RESPONSIBILITIES
    1. The Human Resources International Services Office shall:
      1. Retain qualified immigration staff to provide up-to-date visa/immigration information to international employees and visitors.
      2. Insure all international visa holders sponsored by Jefferson Laboratory remain in legal immigrant and work status while at the facility.
      3. Inform all international visitors and employees of the Jefferson Laboratory visa and immigration policies and procedures.
      4. Manage, through the Responsible and Assistant Responsible Officers, the Jefferson Laboratory J-1 Exchange Visitor Program.
    2. International Employees and Visitors shall:
      1. Comply with all U.S. Citizenship and Immigration Service regulations and laws associated with their unique Jefferson Lab sponsored visa.
      2. Notify the HR International Services Office immediately when any changes occur that may affect their visa/immigration status.
      3. Comply with all Jefferson Laboratory policies and procedures pertaining to areas of visa and immigration.
  6. PROCEDURES
    1. Legal Permanent Resident Petitions (Green Card)
      1. After a one-year period of regular employment (or term employment with the hiring division's written intention of moving the staff member to a regular position) is completed, the staff member's supervisor and hiring division must approve and agree on Green Card sponsorship, with the understanding that the petition may take up to 2 - 3 years for approval.
      2. The hiring division will be responsible for funding all I-140 (employee) petitioning fees on the employee's behalf.
      3. The employee will be responsible for all I-485 petition (personal and family members) adjustment costs (filing fees, photos, fingerprints, medical exams, employment documents (EAD), advance parole (travel permit), etc.).
      4. The Human Resources International Services Office is responsible for collecting, preparing and submitting all documentation for the (I-140 and I-485) petitions.
    2. J-1 Exchange Program Visa
      1. The Hosting division submits an invitation letter with a completed J-1 Visa Form ( Appendix xxx) for an invited visitor to the HR International Services Office.
      2. The HR International Services Office reviews the invitation letter and J-1 visa form to determine if the visitor is qualified for the J-1 Exchange Visitor Program.
      3. The J-1 Exchange Visa paperwork is prepared and the filing fee paid by HR International Services Office.
      4. The HR International Services Office sends the visa application paperwork to the visitor to take to the U.S. Embassy in their home country to apply for a J-1 visa.
      5. Upon arrival at Jefferson Laboratory, the visitor is in-processed by the HR International Services Office and escorted to the responsible sponsor/host in the host division for orientation regarding the visitor's research project.
    3. H-1B Temporary Worker Visa
      1. Once a foreign national is offered and accepts an employment position at Jefferson Laboratory, the HR International Services Office works with the potential employee and the hiring division to prepare the information needed to file a petition for a Jefferson Laboratory sponsored temporary worker visa.
      2. The hiring division agrees to fund all fees for the sponsored H-1B employee visa.
      3. Once filed, if in the U.S., the employee may begin work once the I-797 notice is received from the U.S. Citizenship and Immigration Service that the petition has been approved. This approval process may take up to 6 months or more for some countries.
      4. If outside the U.S., the employee takes the I-797 approval notice to the U.S. Embassy in their home country to apply for the H-1B visa. The employee may begin work once the visa is approved and received from the Embassy. This process may take an additional 3 months after applying to the Embassy.
      5. The HR International Services Office will monitor the visa status of the employee to insure a continued valid visa/immigration status is maintained.
      6. If the visa petition for any potential employee is denied and there is no legal status of authorization to work in the U.S., the offer of employment becomes null and void.


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