TABLE OF CONTENTS
Introduction to Visa Policies and Procedures
Visitor for Business (B-1) and Visa Waiver Program
Nonimmigrant Worker in a Specialty Occupation (H-1B)
TN Professional Status for Canadians
Immigrant Visas and Permanent Employment
Institutional Checklist for International Scholar Services
Synopsis of Visa Information (Available from APO upon request)
Faculty/Researcher Visa Request (Available from APO upon request)
October 2003
CHANCELLOR
DEANS/DIVISIONAL STAFF
DEPARTMENT CHAIRS/ASSISTANTS
PROVOSTS
VICE CHANCELLORS
Re: Introduction to Visa Policies and Procedures
Enclosed is a guide for faculty and staff who invite students, researchers and professors from other countries to UCSC.
In most cases, students and scholars from other countries will need nonimmigrant visa eligibility documents issued by International Scholar and Student Services (ISSS). The sponsoring department, research unit or college initiates the visa request with the academic division, and the division consults with ISSS to determine which visa is the most appropriate. A sponsoring unit assumes considerable responsibility on behalf of the university under U.S. Government regulations when it invites international students and scholars to the campus and assists in making visa arrangements. No commitment or offer should be made until the individual's eligibility for an appropriate status has been established and restrictions reviewed. Errors in assigning visa types or other arrangements can result in serious hardship to the individual and to the university.
After the student or scholar arrives at UCSC, the sponsoring unit must verify appropriate nonimmigrant status by making a good quality copy of both sides of the Departure Record (Form I-94), visa eligibility document, and Employment Authorization Document, if applicable. For definitive payment and taxation information please contact the UCSC Accounting Office at 459-4208. Questions concerning the I-9 form required of all new employees should be addressed to your divisional business office.
A unit considering the permanent employment of a professor or researcher who is not a U.S. citizen or permanent resident should contact ISSS for details on the conditions under which the university can appoint a nonimmigrant to a permanent position. Early consultation with ISSS is advised.
Canadian Citizens: Units should follow the same campus procedures for Canadians as for all other nonimmigrants to ensure proper status in the U.S. Canadians must present the same eligibility documents described in the enclosed procedures to obtain the appropriate nonimmigrant status when they enter the U.S. to work or study. Please note that Canadians do not need to obtain a visa, the multi-colored stamp obtained at a U.S. consulate, before entry to the U.S.
Important matters which should be made clear between the sponsoring unit and the international scholar include whether or not UC health insurance will be provided, conditions of employment (including salary and hours to be worked), if short- or long-term housing will be facilitated by the university, and availability of lab, office or library facilities. This information should not be assumed since international scholars may have expectations which differ from what the university and the sponsoring professor can reasonably provide (see Institutional Checklist for International Scholar Services).
Promotion of international educational exchange at UCSC is a primary goal of International Scholar and Student Services. We are here to ensure that the interests of both the international scholar and the university are protected. We ask that you keep this reference at hand and contact us if you have any questions (Tel 459-4214, Fax 459-3555, email langio@ucsc.edu).
Sincerely,
Lani Giovanetti
Assistant Director, ISSS
cc:
Academic Personnel Office
Assistant Vice Chancellor Faculty Relations
Registrar
Staff Human Resources
Revised 10/2003
Attachments
VISITOR FOR BUSINESS (B-1) AND VISA WAIVER PROGRAM
The B-1 visa is a temporary non-immigrant visa which may be used in a very limited number of cases for international scholars coming to the university. By definition it may be used for "An alien of distinguished merit and ability seeking to enter the United States temporarily with the idea of performing temporary services of an exceptional nature, requiring such merit and ability, but having no contract or other prearranged employment." Visitors who will participate in a convention or conference, who plan to undertake independent research and who will receive no salary or other remuneration from a U.S. source are classifiable as B-1 visitors. It is not intended for use by a scholar accepting any type of formal academic appointment or for any salaried employment. For the most part, if the university intends to invite an international student/scholar, a J-l visa is more appropriate.
Please note that B-1 visitors cannot legally accept full-time, part-time, or temporary teaching or research positions or other employment for which they are paid a salary by a U.S. institution. B-1 visitors who accept such positions violate the terms of their status and become subject to deportation. B-1 visitors may receive per diem or reimbursement for travel and living expenses. Under certain circumstances they may receive honoraria as well (see Academic Honoraria Provision below). Sample B-1 invitation letters and instructions are available upon request.
The university does not assume any direct responsibility for the acquisition of the visa for the B-1 visitor and is not involved in the process except in a consultative way. The unit should send a letter inviting the scholar to the university, outlining the duties here, specifying that no salary from the university will be received, and suggest that the individual obtain a B-1 visa. The visa designation "B-1" must appear on the DHS form I-94 in order for the university to make any of the payments outlined above, except in special circumstances (see Academic Honoraria Provision below). B-1 status and eligibility for payment expire on the date shown on the individual's I-94 card.
Individuals Holding "B-1/B-2", WB or WT Visas: A visa stamp printed with B-1/B-2 does not guarantee that the scholar will be given B-1 status at the port of entry to the U.S. Remember that the handwritten notation on the I-94 designates the status. Visitors who will need B-1 status to be reimbursed for travel must specifically ask the DHS inspector for B-1 status at the port of entry when presenting their passport. It is their responsibility to check the I-94 immediately when the inspector returns it to them to be sure that it has been marked with a B-1 and not a B-2. A Mexican border crossing card is equivalent to a B-1/B-2 visa. Please consult International Scholar and Student Services in these instances.
There are currently twenty-seven countries whose citizens are allowed to participate in a visa waiver pilot program. These countries are: Andorra, Austria, Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and The United Kingdom. (Note that this list is updated periodically) This requires no visa stamp for visits of 90 days or less. An I-94 (on a light green card) will be issued and should be marked "WB" (Waiver/Business) in order to permit University reimbursement; those marked "WT" (Waiver/Tourist) are not eligible for any payment from the University. As in the case of the B-1 visitor, a scholar on the visa waiver program must specifically request "WB" on the I-94 and check it immediately when the DHS inspector at the port of entry makes the notation on it. Canadians may also enter the United States without an I-94 card, but it is best for them to request an I-94 with the B-1 notation if they will receive reimbursement or per diem from UCSC. The margin of error in assignment of the WB or WT is high, and no change of visa status is permitted on this program.
Academic Honoraria Provision: The American Competitiveness and Workforce Improvement
Act of 1998 allows payment of honoraria and associated incidental expenses to
B-1 and B-2 visa holders for "usual academic activity," provided that
the services do not exceed nine days at a single institution. These visa holders
cannot accept honoraria and/or incidental expenses from more than five institutions
or organizations in the previous six-month period. The university also applies
this provision to WB and WT visitors. For more information please contact the
UCSC Accounting Office.
The F-1 student visa is a temporary non-immigrant visa that is issued only to bona fide students who are qualified to pursue a full course of study at an academic institution. When applying for an F-1 visa, the individual must prove to a U.S. consular official that they wish to enter the U.S. temporarily and solely for purposes of study with no intention of abandoning their home country. The individual visits the Consulate or Embassy with the following documents: (1) SEVIS I-20 Form; (2) valid passport; (3) financial documents; (4) admission letter from school.
The SEVIS I-20 Form, Certificate of Eligibility for Non-immigrant F-1 Student Status is prepared by the graduate or undergraduate admissions office after the applicant has been admitted and has completed the financial certificate. The SEVIS I-20 Form is then sent to the International Scholar and Students Office to be forwarded to the student with information.
To maintain F-1 status, students must do the following:
Students with F-1 status may apply to the USCIS for Optional Practical Training, which is permission to seek employment in their field during or immediately after completion of studies. Once the application is approved, the student will receive an Employment Authorization Document (EAD) which is an additional document that must be presented at the Port of Entry should they leave the U.S. for any reason. Practical training may not exceed 12 months, and students remain under the sponsorship of their degree institution for this time.
On-campus Employment (paycheck from UCSC): F-1 students may apply for on-campus work permission after they enroll in classes the first term at UCSC. Graduate students may accept TA's and GSR's.
Off-Campus Employment (paycheck not from UCSC): After having been a full-time student for one academic year, a student may apply to the USCIS for work permission due to severe economic hardship. For this type of application or for Optional Practical Training, the student must meet with the International Adviser to obtain a new SEVIS I-20 Form recommending the off-campus employment.
F-2 visa holders (dependents of F-1 students) are not permitted to accept employment
or receive compensation under any circumstances. F-2 visa holders may not attend
school.
The J-1 exchange visitor visa is a nonmmigrant visa which should be used for persons who are coming to the university temporarily for one day to three years, and who fully intend to return to their home countries. It may be requested and obtained relatively quickly, but it entails the following restrictions:
To stay legal in the U.S. all J-1 students and scholars must report certain information to the R.O. in International Scholar and Student Services:
The R.O. in International Scholar and Student Services must enter and regularly update the following information for J-1 exchange visitors and their dependents into SEVIS according to deadlines set by the Department of Homeland Security:
UCSC will only report what is required by law and federal regulation and will take all steps necessary to keep information secure and confidential. These regulations are strictly enforced by the U.S. Department of State and by the U.S. Department of Homeland Security.
J-1 status is not appropriate for tenure track appointments. (See H-1B Nonimmigrant Worker)
HOW TO REQUEST A VISA
To request an exchange visitor visa for a prospective foreign scholar, use the
"Visa Request for Faculty or Researcher (Scholar). This form is available
on the web at http://oie.ucsc.edu/forms/is3/visa_request.pdf
or check with International Scholar and Student Services. Exchange visitor
visa status should be requested for the duration of the visitor's stay for which
funding is guaranteed, up to three full years for professors or research scholars,
6 months for short-term scholars, or the full degree program for students. Please
indicate the type of appointment (teaching, research, or student). The form
must be signed by the department chair (or principal investigator for research
appointments) and divisional dean. The same form must is used to extend a J-1
exchange visitor's stay. Please begin this procedure at least four months in
advance of the scholar's proposed departure from the home country to allow for
adequate processing time.
Upon receipt of this form from the division, International Scholar and Student Services will determine the appropriate category (professor, research scholar, short-term scholar or student), prepare a Form DS-2019, "Certificate of Eligibility for Exchange Visitor Status," and return it to the division to forward to the scholar. The scholar can then apply for a J-1 exchange visitor visa at a U.S. embassy or consulate. For scholars in the U.S., consult with International Scholar and Student Services for additional procedures.
Categories: International Scholar and Student Services will assign the J-1 "Short-term Scholar" category if the appointment dates are for 6 months or less. If you think that another category may be appropriate in an individual case, please consult. A brief explanation of the different categories is given below for your information:
Short-term Scholar: allows teaching or research for up to 6 months with no further extensions. Short-term scholars are not subject to the 12-month ban on beginning a new program, and may return to the U.S. again.
Professor or Research Scholar: allows teaching or research for up to 36 months. Extensions of program up to the 36-month limit must be sequential, and the limit is calculated from the program dates on the DS-2019 forms, not from periods of actual presence in the U.S.*
Student: Used only in special cases for students admitted to full-time study at UCSC. Extensions must be sequential for duration of program.
*Twelve-Month Ban: Those who have been physically present in the U.S. in any category other than Short-term Scholar for 6 months or more during the preceding 12 months, may not begin a new Professor or Research Scholar program for 12 months.
Minimum Expenses for Scholars: Funding shown on visa requests must equal or exceed $1,800 per month ($21,600 per year) for visiting scholars, plus $1000 per month ($12,000 per year) for a spouse, and $500 per month ($6000 per year) for each child. These estimates are for basic living expenses in the Santa Cruz area and are similar to graduate student budgets. They are only minimal estimates and individual needs may vary.
For more information from International Scholar and Student Services on nonimmigrant visas check the web at http://oie.ucsc.edu/is3/staff.shtml
NONIMMIGRANT WORKER IN
A SPECIALTY OCCUPATION (H-1B)
The H-1B visa is a nonimmigrant (temporary) visa. An H-1B Nonimmigrant Worker is defined as a person who is coming temporarily to the United States to perform services in a specialty occupation. H-1B status is appropriate for:
Scholars with H-1B status are limited to a maximum of six years in the United States. It is important to note that processing and approval for an H-1B visa may take 7-9 months to process by the university and government agencies. (Note there is a Premium Processing option that the government offers, which reduces their portion of the processing time considerably).
The H-1B visa is issued on the basis of a petition (Form I-129) which International Scholar and Student Services files with the United States Citizenship and Immigration Services (USCIS) after thorough review and approval by the appropriate divisional dean. An applicant for an H-1B visa may be employed only by the institution that filed the H-1B (I-129) petition and accept only that employment, part-time or full-time, which is specified in the petition. Employment is limited to the period of time approved on the Form I-797 Approval Notice provided by the USCIS.
Immigration law requires the university, as employer, to submit a prevailing wage determination request to the California State Employment Development Department and a Labor Condition Application (LCA), approved by the U.S. Department of Labor, to the USCIS with the H-1B petition. In the LCA the employer must certify payment of prevailing wage, providing working conditions not adversely affecting U.S. workers, verify absence of strike or lockout and notification of bargaining representatives or posting notices at the work site stating intention to employ H-1Bs. The employer must also guarantee to pay return fare home for any H-1B worker who is dismissed. Please contact International Scholar and Student Services at x4214 for further information on procedures for the prevailing wage determination, LCA and I-129 petition.
To obtain an H-1B visa for a foreign scholar, a department must first be certain that the scholar's university appointment has been approved by the authorized officer of the university. Submit the H1 Application Packet (http://oie.ucsc.edu/is3/snf-requesth1.php) to the divisional dean's office for review and transmittal to International Scholar and Student Services at least seven months in advance of the scholar's intended employment at UCSC (or 3 months if you elect premium processing). Key documents in the H-1B application packet include:
Upon receipt of the above documents, International Scholar and Student Services will obtain the prevailing wage determination and LCA approval, prepare the petition and submit it to the USCIS with supporting documents. The approval notice (Form I-797) will be sent by the USCIS to International Scholar and Student Services.
Scholars with H-1B nonimmigrant status from other institutions may not be put on salary with UCSC. A second H-1B petition sponsored by UCSC would be required. Please consult International Scholar and Student Services prior to making any commitments to scholars holding H status sponsored by other institutions.
To extend an H-1 scholar's stay in the US, please use the same process as described above.
If the scholar has dependents, they can request H-4 status for them with Form I-539. ISSS will request this application and supporting documents (e.g. marriage certificate) directly from the scholar. ISSS will file Form I-539 concurrently with the H-1 petition (I-129). Please note that dependents with H-4 status may not be employed.
Travel guidelines for H-1 scholars and other Frequently Asked Questions are posted on the ISSS website: http://oie.ucsc.edu/is3/scholar/h1btravel.shtml.
TN PROFESSIONAL STATUS FOR CANADIANS
Qualified Canadian citizens may be admitted to the U.S. under the provisions of NAFTA to engage in many professional activities including engineering, natural and social sciences, research, and teaching (for a complete list of qualifying professions, contact International Scholar and Student Services or check the web at http://oie.ucsc.edu/is3/scholar/tntravel.shtml).
TN status is limited to no more than 12 months exactly but may be extended
in 12-month increments indefinitely.
International Scholar and Student Services processes the request for TN status
after approval by the department chair (or principal investigator for research
positions) and academic dean. There are two very different procedures allowed
by the U.S. Government for acquiring TN status:
The first procedure requires the prospective TN worker to be outside the U.S. and to enter at the beginning of employment with information from International Scholar and Student Services and the department, proof of Canadian citizenship (we recommend passport), degree diploma, curriculum vitae, and fee. Materials should be submitted to International Scholar and Student Services at least one month in advance of travel.
The second procedure requires a petition by the university (submitted by International Scholar and Student Services) to the U.S. Department of Homeland Security along with support documents and a fee. This type of petition should be submitted to International Scholar and Student Services at least four months in advance of employment or extension.
To request TN status for a Canadian professional please use the "Request for TN Status"available at the following website: http://oie.ucsc.edu/is3/staff.shtml#tn or contact International Scholar and Student Services .
PERMANENT EMPLOYMENT, IMMIGRANT VISAS, AND LAWFUL PERMANENT RESIDENCE
The Immigration and Nationality Act (I.N.A.) groups individuals who are not U.S. citizens in to two major categories:
An alien who is lawfully admitted to the U.S. as an immigrant is commonly referred to by different terms, including: immigrant, lawful permanent resident, green card holder, and numerous other labels. Each of these terms refers to the same legal status in the U.S. For the purposes of the following discussion we will use the term "lawful permanent resident" (LPR) to describe an alien who has been lawfully accorded the privilege of living and working permanently in the U.S.
UCSC may sponsor employment-based immigrant visas for individuals hired as permanent tenure-track faculty members. Immigrant visas may also be sponsored for researchers in the Professional Researcher Series at the Associate Researcher level or higher, if employment is full-time and funding is guaranteed for a minimum of three years and recruitment has occurred within 6 months. For purposes of visa sponsorship, appointments in the Scientist series at the NASA/Ames University Affiliated Research Center (UARC) have the same eligibility requirements as appointments in the Professional Research series.
As official campus liaison with the U.S. Department of Labor and the U.S. Citizenship and Immigration Services (USCIS), the Office of International Education (OIE) must review and approve all documentation required and obtain the signature of the Campus Provost and Executive Vice Chancellor. No other campus official is authorized to sign petitions or forms in the area of visas and immigration on behalf of any individual employed and sponsored by the university.
If the university wishes to employ the services of a nonimmigrant, a temporary appointment and visa, usually the H-1B, are necessary as an interim step. In cases of a tenured appointment (Associate Professor or Professor), a temporary Acting title will be required during the duration of the temporary visa. The nature of an Assistant Professor appointment does not require this interim step.
Listed below is a brief outline of the temporary and immigrant employment process for professors:
Temporary Employment:
H-1 B Nonimmigrant (temporary) Worker Petition to USCIS
Processing time: 6-8 months*
Employment limited to 6 years (including prior H-1B employment)
Permanent Employment:
Permanent Labor Certification filed with Department of Labor followed by Immigrant
Petition for Advanced Degree Professional filed with USCIS on professor's behalf.
Processing time: 1-2 years*
Or
Immigrant Petition for Outstanding Professor filed with USCIS on professor's
behalf.
Processing time: 1-2 years*
Followed by
Application for Permanent Residence by professor and family members filed with
USCIS
Processing time: 2-3 years*
*may vary due to unforeseen changes in processing times on the campus
and at government agencies involved.
It is the responsibility of the hiring unit and the scholar to initiate the
process for both temporary visas and permanent labor certifications, to gather
documentation, and to draft forms in consultation with OIE. These requests must
be routed through the appropriate Dean for approval before assignment to OIE.
Filing fees and extraordinary expenses (long-distance telephone, express mail,
etc.) are borne by the scholar and/or the hiring unit.
The procedure and documentation required for obtaining a labor certification and/or an outstanding professor petition and LPR are complex, time-consuming and arcane. The intent to sponsor a scholar should be discussed between the department and OIE as soon as an offer is contemplated. Consultation with the international scholar may also be useful while an offer is under consideration or soon after an offer is accepted.
Labor Certification:
A favorable decision by the Department of Labor certifies there are insufficient
U.S. workers in the geographic area of employment who are able, willing, qualified
and available to do the job in question, and that the employment of an alien
will not adversely affect the wages and working conditions of similarly employed
U.S. workers. Appropriate, rigorous recruitment must have been made within 18
months for teaching positions and within six months for research positions.
Outstanding Professor Petition:
Obtaining a labor certification can be a time-consuming, arcane process that
can be avoided if the alien, and the work the alien is coming to the U.S. to
perform, qualify for an exemption or exception to the labor certification requirement.
These exceptions include: a professor or researcher who is recognized internationally
as outstanding in the academic field and who has at least 3 years of teaching
or research experience in the field. The alien must have an offer or a tenured
or tenure-track teaching or permanent research position. The burden of proof
for this evidence rests with the hiring unit and the university. Strong documentation
of a rigorous search as well as evidence of the candidate's international reputation
and experience is imperative.
OIE completes the application or petition and accompanying materials, files them with the appropriate government agencies, and monitors their progress. Completion of petitions at OIE is limited by factors such as workload, budget and the extent to which the scholar and department contribute to the effort. Assistance with particular cases must always be made within the wider context of UCSC responsibility to the entire community of international students and scholars and within the relevant governmental regulations and practices.
Following approval of the immigrant petition by the USCIS, an application for lawful permanent residence may be submitted by the scholar and dependents.
It is the responsibility of the scholar's department and division to take steps to extend visa eligibility as needed, or terminate the scholar's employment with the university if the temporary visa expires, prior to completion of the immigration process. It is important to note that temporary visas (usually H-1B) for scholars in the U.S. may take six months or longer to process by the university and government agencies, which operate under annual limits on the number of visas issued and lengthy processing times. Without a current H-1B visa the scholar is not eligible to receive payment from UCSC until approval is received from the government. The entire process for obtaining an immigrant visa and lawful permanent residence may take 3-4 years and is subject to change without notice.
In the event of a complex immigration problem, such as the final expiration of a non-immigrant visa prior to labor certification, immigration sponsorship or adjustment of status, the scholar may be advised to retain an immigration attorney at his/her expense. The university will not provide attorney fees.
INSTITUTIONAL CHECKLIST FOR INTERNATIONAL SCHOLAR SERVICES
This checklist reflects a wide range of concerns about the quality of life and support for international scholars at UCSC. It is not meant to be an exhaustive list of mandated services, but rather a guide to the more effective use of our institutional resources in serving these important visitors. It is based on two assumptions: 1) that the international scholar is generally more mature and independent than students, but needs specific information and support for a successful academic experience, and 2) the visiting scholar is well-served by some formal recognition in order to foster the international exchange of ideas and good will.
Pre-arrival logistics:
ISSS Visa coordination and requirements, including health insurance
ISSS Cost of living facts, climate/clothing needs
ISSS Airport to campus transportation information
ISSS Spouse dependent expectations (visa limits, employment, language learning facilities, day care/schooling options, spouse programs)
___ Primary office contact person at the university
___ Housing options (including temporary accommodations)
___ Eligibility for UCSC medical insurance plans
___ Realities concerning office space, desk, computer, labs, mailbox, clerical support, data processing, photocopying, etc.
Arrival logistics:
ISSS Official visa records and verification of arrival
ISSS Community resources (family support, language-learning opportunities)
___ Welcome information
___ Payroll procedures
___ Social Security
___ Housing arrangements
___ Banking information
___ Health insurance
___ Extensions of professional courtesies (library, athletic, health, faculty
associations)
___ Introductions to colleagues
___ Transportation information (driver's license, buses)
ISSS = indicates International Scholar & Student Services will provide this
to the scholar.
| Academic Training | Authorized employment for students in J-1 status which relates directly to the course of study. |
| Academic Honoraria Provision | The American Competitiveness and Workforce Improvement Act of 1998 allows payment of honoraria and associated incidental expenses to B-1 and B-2 visa holders for "usual academic activity," provided that the services do not exceed nine days at a single institution. These visa holders cannot accept honoraria and/or incidental expenses from more than five institutions or organizations in the previous six-month period. The university also applies this provision to WB and WT visa holders. For more information please contact the UCSC Accounting Office. |
| Admission | Legal entry into the U.S. following inspection by an immigration officer at a port of entry. |
| Alien | A person not a citizen or national of the United States. |
| Alternate Responsible Officer | ARO. Employees or officers of a designated sponsor who assist the Responsible Officer in carrying out the responsibilities of the J-1 exchange visitor program. |
| Authorized employment | Employment granted by the USCIS which is consistent with the nonimmigrant purpose. |
| Border Crossing Card | BCC. A card which may be used as the sole entry document by a Mexican visitor for business or pleasure entering across a land border to the U.S. It may also be used in lieu of a B-1/B-2 visa at other points of entry. An I-94 departure record is issued to the Mexican visitor upon entry. |
| Classification | The legal status assigned by a DHS inspector to a person upon entry to the U.S. as either a nonimmigrant, such as B-1 Visitor for Business, F-1 Student, J-1 Exchange Visitor, or H-1B Nonimmigrant Worker, or an immigrant (Resident Alien). |
| Consular Officer | The Department of State official authorized to adjudicate visa applications
at a U.S. consulate or embassy abroad. Consulate: A branch office of the Department of State abroad which acts as the official representative of the United States in other countries. |
| Department of State | The Department of the federal government charged with issuing visas. |
| Dependent | Spouse or unmarried child under the age of 21 or unmarried dependent child under 25 who is in full-time attendance at a postsecondary educational institution or unmarried child who is physically or mentally disabled. |
| Departure Record | I-94. Arrival/Departure Record. The form completed by a person wishing to enter the U.S. When the alien enters the U.S., the Arrival Record portion of the form is detached and kept by the DHS. The Departure Record is usually stapled into the alien's passport on the same page on which the visa has been stamped. The I-94 shows the alien's immigration classification (status) and endorsements made by DHS officers indicating the place and date of admission to the U.S. and the initial period of stay authorized. |
| Designated School Official | DSO. The person a school has indicated to the DHS will act on its behalf to administer its F-1 program. Before an employee of a school can be a DSO, the head of school must submit a form to the local DHS district office to certify that the person understands the legal requirements of the F-1 program. |
| DS-2019 | The visa document that is used to obtain a visa stamp at a U.S. consulate for those in J-1 status (and their dependents). This form supercedes the IAP-66 and looks very similar to it. |
| Embassy | The arm of the Department of State which acts as the official representative of the U.S. located in the capital cities in other countries. |
| Employment Authorization Document | EAD. DHS-issued document authorizing employment for various nonimmigrant
categories. Enhanced Border Security and Visa Reform Act: Expands the scope of information to be reported. Requires biannual compliance audit. Failure to comply results in suspension of UCSC authorization to sponsor student or scholar visas. |
| Event | These include changes in student status, registration, withdrawal, employment, change of major, change in degree, transfer to another school or program, etc. |
| Exchange Visitor | A foreign national who has been selected by a sponsor to participate in an exchange visitor program and who is seeking to enter the United States temporarily on a J-1 visa. The term does not include the visitor's immediate family. |
| FERPA | Family Educational Rights and Privacy Act |
| H-1B Nonimmigrant Worker | H-1B Temporary Worker. A nonimmigrant status which allows a person to enter the U.S. to perform services in a specialty occupation, which requires theoretical and practical application of a body of highly specialized knowledge. This status is used in higher education for researcher and teaching staff, especially those who will be employed for at least two years. |
Home Country Residence Requirement |
HCRR. A requirement of the J-1 Exchange Visitor visa for participants whose programs are financed in whole or in part, directly or indirectly, by the either their government or the U.S. Government, or who are acquiring a skill which is in short supply in their home country (Such skills appear on the Exchange Visitor Skills List). Participants subject to the HCRR are required to reside in their home country for two years following completion of their J-1 exchange visitor program before they are eligible for U.S. immigrant status, temporary worker (H) status, or intracompany transferee (L) status. Individuals may apply to the Dept of State for waiver of the HCRR. Once a waiver is granted, no further extensions of J-1 Exchange Visitor status are allowed. |
| I-20 | Visa document that is used to obtain a visa stamp at a U.S. consulate for those in F-1 status (and their dependents). |
| I-94 card | The small white card, also called "Departure Record," issued by a DHS inspector at the time of arrival in the U.S. at the Port of Entry and usually stapled into the passport. The inspector's notation on the I-94 card determines the person's immigration status and how long the person can remain in the U.S. See "immigration status." |
| IDENT Program | 50 Countries of Interest which require additional security checks before entering the U.S. |
| IIRIRA | Illegal Immigration Reform and Immigrant Responsibility Act of 1996: Original legislation mandating electronic data collection and reporting. Forbids the NSF to award grants or fellowships to anyone who is in violation of the terms of his or her status as a non-immigrant, to any alien from a country that is a sponsor of terrorism, or to any institution of higher education that has failed to comply with SEVIS. |
| Immigrant | Resident alien, Permanent Resident, Green Card Holder. A foreign national who has been granted the right to live and work indefinitely in the U.S. by the United States Citizenship and Immigration Services, but who is not a U.S. citizen. |
| Immigrant intent | The intent of a foreign national to remain in the U.S. indefinitely. The law presumes that all foreign nationals coming into the U.S. are intending immigrants unless the foreign national can demonstrate otherwise. |
| Immigration Inspector | DHS official at the port of entry and district Offices who, in part, make
decisions on entry and changes of status. Immigration Status: Legal category under immigration law in which a person is admitted at the time of arrival in the U.S. or later changed to by USCIS. Immigration status is noted on the person's I-94 card by the DHS inspector at the port of entry or by a USCIS official if the person is changing immigration status from within the U.S. It is not the visa document. |
| Inspection | The processes whereby DHS personnel at ports of entry examine an alien's documents and question him/her to determine whether he/she qualifies to be admitted into the U.S. |
| IPASS/T.A.L. | Interagency Panel on Advanced Science Security (IPASS) and the Technology Alert List (TAL). Cybersecurity legislation which requires increased security checks for visa applicants in selected fields. TAL includes munitions, nuclear technology, rocket systems, and unmanned air vehicle subsystems, navigation, avionics and flight control; chemical, biotechnology and biomedical engineering; remote sensing, imaging and reconnaissance; materials technology; advanced computer and microelectronic technology; information security; laser and directed energy systems technology; sensors and sensor technology; marine technology; robotics; urban planning. |
| J-2 | Dependent visa used by family members of a J-1. |
| Labor ConditionApplication | LCA. A form used by an employer to certify compliance with Department of Labor requirements for H-1B nonimmigrant workers. |
| Nonimmigrant | A foreign national who has entered the U.S. for a temporary purpose and who, in most cases, maintains a permanent residence abroad. |
| Nonimmigrant Intent | The intent of a foreign national to come into the U.S. only for a temporary period of stay. It is necessary to prove this intent before certain nonimmigrant visa stamps can be obtained. |
| Passport | A travel document issued by a country showing the bearer's citizenship and identity which is valid for entry of the bearer into a foreign country. |
| Permanent Labor Certification | Alien Labor Certification, Labor Certification. The application filed by an employer with the U.S. Department of Labor on behalf of a nonimmigrant worker for permission to hire the worker as a permanent employee. The employer attests that the employment is permanent, that the wage paid is the prevailing wage for the occupation in the area, and that employee was the best qualified applicant (for professor positions) or that no qualified U.S. worker was willing to accept the employment. The certification must be made within 18 months of an open recruitment for professor and within six months of the open recruitment for research positions. |
| Period of Authorized Stay | I-94, authorized stay, or permission to stay. A person's permission to remain in the U.S. after having entered. This is designated by the DHS inspector at the port of entry on the I-94 card. |
| Practical Training | Authorized employment for students in F-1 status which relates directly to the course of study. |
| Prevailing Wage Determination | A determination made by the California Employment Development Department at the request of an employer to establish the prevailing wage for a certain position. Prevailing wage determinations are required by government agencies for H-1B visa petitions and Permanent Labor Certifications. |
| Professor | An individual primarily teaching, lecturing, observing or consulting postsecondary accredited educational institutions, museums, libraries or similar types of institutions. A professor may also conduct research, unless disallowed by the sponsor. |
| Program Sponsor | This is the institution or organization that sponsors the student or scholar, in immigration terms. The program sponsor issues the visa eligibility document. |
| Research Scholar | An individual primarily conducting research, observing, or consulting in connection with a research project at research institutions, corporate research facilities, museums, libraries, and postsecondary accredited educational institutions. The research scholar may also teach or lecture, unless disallowed by the sponsor. |
| Responsible Officer | RO. The employee or officer of a designated sponsor who has been listed as assuming the responsibilities of administering the J-1 Exchange Visitor program. Before an employee may become an RO a form must be filed by the sponsor with the Dept of State to indicate that the employee qualifies and accepts the legal responsibilities of being the RO. |
| SEVIS | Student Exchange Visitor Information System, web-based system to collect/transmit information as part of SEVP. |
| Short-term scholar | A professor, research scholar, or person with similar education or accomplishments coming to the United States on a short-term visit for the purpose of lecturing, observing, consulting, training, or demonstrating special skills at research institutions, museums, libraries, post-secondary accredited educational institutions, or similar types of institutions. |
| Student | A person admitted to a full-time academic course of study at an institution authorized to admit international students. International students normally use the F-1 visa. |
| Status | The legal classification assigned by a DHS inspector to a person upon entry to the U.S. as either a nonimmigrant, such as B-1 Visitor for Business, F-1 Student, J-1 Exchange Visitor, or H-1B Nonimmigrant Worker, or an immigrant (Resident Alien). |
| TN Canadian Professional | Status under NAFTA which allows Canadian citizens in certain professions to work for an employer in the U.S. for one year. Renewable annually. |
| Tourist | B-1 Visitor for Business., B-2 Visitor for Pleasure. Nonimmigrant status which allows a person to enter the U.S. to visit. The visitor for business (B-1) may receive per diem or reimbursement for travel and living expenses and academic honorarium payments under certain circumstances. No employment allowed. The visitor for pleasure status (B-2) is strictly for tourism and does not allow for payment, except for academic honorarium payments under certain circumstances. See Academic Honoraria Provision. |
| U.S. VISIT | The U.S. Visitor and Immigrant Status Indication Technology System. Newly proposed entry-exit system that will utilize a minimum of two biometric identifiers, such as photographs, fingerprints or iris scans, to build an electronic check in /check out system for people coming to the U.S. to work, study or visit. Will incorporate SEVIS and other immigration programs. The implementation is planned by end of 2003. |
| USCIS | United States Citizenship and Immigration Services (formerly known as Immigration and Naturalization Service). Agency within Department of Homeland Security charged with administering and enforcing the Immigration and Nationality Act and all other immigration-related provisions in other statutes within the U.S. |
| USICE | United States Immigration and Customs EnforcementFormerly part of the INS, now a branch of the DHS responsible for immigration and customs enforcement and management of the Student and Exchange Visitor Information System (SEVIS). |
| Visa eligibility document | Certificate of Eligibility (I-20 for F-1 student status and DS-2019 for J-1 exchange visitor students and scholars). It is issued by the program sponsor upon completion of all admission requirements (or campus approvals for J-1 scholars). Currently all visa eligibility documents are sent directly to the student or scholar. This document makes the student or scholar eligible to apply for a visa or visa stamp (see below). |
| Visa | A stamped or affixed entry on a page of the passport which enables the passport bearer to request the immigration officer at the port of entry to grant admission to the U.S. under the conditions specified for the type of visa the bearer holds. |
| Visa Waiver Program | WT, WB. A law which allows citizens of over twenty countries to enter the U.S. without visas for visits for business (WB) or pleasure (WT) for up to 90 days. See Academic Honoraria Provision. |
| Waiver Application | The process by which a J-1 exchange visitor applies to the Dept of State to cancel the home country residence requirement. (See Home Country Residence Requirement). |
Synopsis of Visa Information For International Students and Scholars
Chart and Faculty/Researcher Visa Request Form available upon request from Academic
Human Resources, (831) 459-4300