UC Santa Barbara Policy 1120
Policies
Issuing Unit: Academic Affairs Date: June 1, 1985
UNDER REVISION
CONTACT INTERNATIONAL STUDENTS & SCHOLARS
OBTAINING VISAS
FOR FOREIGN FACULTY AND POSTDOCTORAL FELLOWS
I. PURPOSE AND SCOPE:
This procedure provides information regarding visiting professors
and postdoctoral fellows from foreign countries.
II. REFERENCES:
A. UCSB Policies Manual, Policy 5145, Payment to Aliens.
B. United States Immigration and Naturalization Laws.
III. PROCEDURE:
Visiting professors and postdoctoral fellows from foreign countries
are ordinarily admitted to the United States in one of the three
categories of H-l, J-l, or Permanent Resident, in accordance with
the following procedures:
A. H-1 visa--Temporary Worker-- (Alien of Distinguished Merit and
Ability to Perform Services of an Exceptional Nature):
1. Upon departmental request and submission of necessary
documentation, the Office of International Students &
Scholars (OISS) will apply through the Department of
Justice, Immigration and Naturalization, at Los Angeles,
for this visa classification.
2. Immigration will process this request in 12 weeks and then
provide the approval for the H-l status to be issued. The
alien, if out of the country, will not be able to obtain
the visa for entry until this is done. If the alien is
inside the U.S., employment cannot be commenced until the
approval for H-l status has been received by the
University.
3. The first period requested of H-l status can be for up to
two years; after that, the status may be extended yearly
for a maximum total stay of five years of H-l status.
B. J-l visa--Research Scholar, Professor, Teacher (Exchange
Visitor)
1. Upon department request and submission of the J-l "request
form" (see Attachment C), the OISS, on behalf of the
University, will issue a Certificate of Eligibility for
Exchange Visitor status (Form IAP-66), directly to the
alien who, if outside the U.S., presents this form and
passport to a U.S. Embassy or Consulate for the entry visa
or, if inside the U.S., presents this form to the current
U.S. sponsor for transfer endorsement and processing.
2. The J-l status can be requested for only 12 months at a
time and may be extended annually for up to three years
maximum. (The J-l student status limit is different and
not discussed in this section.)
3. Certain exchange visitors, after completion of their
programs here, must be physically present in their home
country for two years before eligible to apply for a non
immigrant H or L visa classification, or for an immigrant
visa. Those on J-l status affected by the two-year "home
country physical presence requirement" are:
a. Recipients of direct or indirect U.S. Home Government
financing (i.e., Fullbright Travel Grant recipients).
However, a J-l status holder whose salary is paid by
the University, utilizing funds derived from a
federal source, would not be considered subject to
this requirement.
b. Those aliens in J-l status engaged in fields of
specialized knowledge or skill, whose services are
required by their country, as determined by
designation on the "Exchange Visitor's Skills List"
as revised by the United States Information Agency.
4. A J-l visa holder who is subject to the two-year "home
country physical presence requirement" may request a
waiver of that requirement if one or more of the following
conditions are applicable:
a. Exceptional hardship.
b. Persecution on account of race, religion, or
political opinion.
c. Specific interest of a U.S. Government Agency.
d. No objection to waiver by the country of Exchange
Visitor's nationality or last residence.
C. Immigrant Visa--Green Card, Permanent Visa (Permanent Resident)
1. Those who are considering permanent residence, and who are
outside the U.S., should obtain current information from
an American Embassy or Consulate upon the status of the
3rd and 6th preference categories unless the applicant has
immediate relatives permanently in this country, in which
case, one of the other preferences may be appropriate. The
waiting period may vary greatly, from a few months to
several years, depending upon the status of the various
preferential categories. Those considering permanent
residence, who are in the U.S., should consult the
Immigration Counselor in the OISS.
2. In the case of the 3rd and 6th preference categories,
Labor Certification is required to establish eligibility
for admission to the United States as an immigrant, or for
adjustment of status of a non-immigrant in the United
States to a permanent resident. Labor Certification must
be applied for by an employer wishing to hire the alien in
a permanent position for which there are no qualified U.S.
citizens or present permanent residents available. The
process of obtaining Labor Certification usually takes
from nine to eleven months, and once this is granted,
there may still be a waiting period for adjustment of
status as mentioned above.
Please direct questions about these policies to Meta.Clow@vcadmin.ucsb.edu. For questions or comments regarding the format of the above information, please contact webcontact@ucsbuxa.ucsb.edu.
Return to the UCSB home page.
Last Modified By: EBH, 7/09/98