UCAR International Visitor & Scholar Services

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 visit, work or play.

I-9 Employment Eligibility Form

UCAR is required by law to have on file a valid Employment Eligibility Verification (I-9) form on file for everyone on UCAR's payroll. All foreign workers on UCAR's payroll must provide proof of employment authorization within the first three days of employment. Any changes, extensions, transfers of status will require updating the I-9 work authorization form. Failure to complete this information may result in serious penalties.

Exchange Visitor (J-1 status)

Description:

The "J" exchange visitor program is designed to promote the interchange of persons, knowledge, and skills in the fields of education, arts, and sciences. Participants include students at all academic levels; trainees obtaining on-the-job training with firms, institutions, and agencies; teachers of primary, secondary, and specialized schools; professors coming to teach or do research at institutions of higher learning; research scholars; professional trainees in the medical and allied fields; and international visitors coming for the purpose of travel, observation, consultation, research, training, sharing, or demonstrating specialized knowledge or skills, or participating in organized people-to-people programs.

UCAR sponsors this type of visa for visitors on 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. UCAR may be required to provide the foreign national return transportation abroad if he or she is terminated prior to the end of the authorized stay. 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 J-1 visit. Proof of residency in their home country may be requested. There are also some countries that require a J-1 Exchange Visitor to return to their home country for two years before applying for another type of visa in the U.S. 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 J-1 program. Please contact UCAR's Immigration Specialist for detailed information.

Medical Insurance. Exchange Visitors are required to have medical insurance in effect for themselves and any accompanying spouse and minor children on J visas for the durations of their exchange program.  At a minimum, insurance coverage shall include: (1)medical benefits of at least U.S. $50,000 per person per accident or illness; (2)repatriation of remains in the amount of U.S. $7,500; and (3)expenses associated with medical evacuation in the amount of U.S. $10,000.  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, 22 CFR Part 514.14.

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 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 are paid for by the host division or program. 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 express mail. The DS-2019 is the work authorization for the foreign national, not the 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 J-1 visa stamp. If the visitor is already in the U.S., approval for extensions and transfers is 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 card). It is the final step in obtaining authorization to enter the U.S.

Dependents (J-2 visas):

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.

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. 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. A 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 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 a 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)" below).

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 J-1 visa stamp.

Temporary Worker (H-1B visa)

Description:

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 $1,225 fee, payable by either the host division or the applicant.  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.

Family members can apply for H-4 dependent visas.  Dependents on H-4 visas are not eligible for employment in the U.S. while in H-4 status.  

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 card (if applicable) - both front and back of card.

• 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.
  
  An example of this certification is as follows:

  Certification by Translator

  I, ___typed name________, certify that I am fluent (conversant) in the English and _________ languages, and that the above/attached document is an accurate translation of the document attached entitled ________________.

  Signature	_____________________________
  Date	________________
  	Typed Name Address

• 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.
• Your home address and phone number (if outside of the U.S.).
• 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 on another type of visa).
• Copies of all of DS-2019 documents if visitor is currently in J-1 status.
• A copy of I-20 if visitor is currently in F-1 status.
• A copy of I-797 if visitor is currently in H-1B status.
• A copy of visitor’s passport including photograph.
• A copy of visitor’s Employment Authorization Card (if applicable).
• A completed copy of the Visitor Information Form.
• Dependents' materials, if applicable.

Human Resources must be notified if the foreign national has dependent family members who will also require visas. 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: H-4 dependents are not allowed paid employment of any kind in the U.S. If an H-4 dependent wishes to seek employment, the company he/she wants to work for must apply for an H-1B visa for that individual separately. Dependents are allowed to pursue academics while in the U.S.

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: http://uscis.gov/graphics/formsfee/forms/i-539.htm.  It may be filled out on the computer, but must be printed and sent to the Foreign Visitor Administrator as a hard copy.
• Copy of dependents’ current I-94 card(s) (front and back);
• Copy of dependents’ passport(s) including photo page

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.

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 $320+$500 anti-fraud fee/worker; $300/dependents).  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.

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/cris/jsps/index.jsp.

NAFTA Worker (TN classification)

Description:

The category "Professionals Under the North American Free Trade Agreement" is available only to citizens of Mexico and Canada. Under the North American Free Trade Agreement (NAFTA) a citizen of a NAFTA country may work in a professional occupation in another NAFTA country provided that 1) the profession is on the NAFTA list, 2) the alien possesses the specific criteria for that profession, 3) the prospective position requires someone in that professional capacity and 4) the alien is going to work for a U.S. employer. The spouse and unmarried, minor children of the principal alien are entitled to the derivative status, but they are unable to accept employment in the United States. Aliens entering under this classification are considered non-immigrants.

TN visitors can be unpaid, receive per diem or be on salary. The TN is valid for up to a year and can be renewed. Currently, there is no limit as to the amount of times a TN can be renewed. TN visitors may apply for transfers to H-1B or Permanent Residency status if they meet the criteria for such status. Recipients are not subject to a foreign residency requirement before applying for another type of visa.

Application Procedures:

The procedures for obtaining a TN visa are different for Canadian and Mexican nationals.  For specific procedures and additional information on TN visas, please see the Department of State's web page: TN VISAS: Professionals Under NAFTA.

Dependents (TD Classification):

TD classification is given to dependents of TN workers (spouses and dependent children under 21 years of age). Dependents who do not have Canadian or Mexican citizenship must obtain a visa from the U.S. Embassy. Dependents are not eligible to seek employment in the U.S. Dependents are allowed to enroll in academic courses and to transfer to another type of visa. Dependents must supply proof of residency, and proof of relationship to TN worker. If dependents travel and apply separately from the TN worker, they must present the same material the foreign national presented to receive TN status (copy of spouse's I-94 card, employment letter, and proof of relationship).

Extensions and Transfers:

Please see the Department of State's web page, TN VISAS: Professionals Under NAFTA, for information on extending a TN visa.  Please note that while TN extensions can be applied for via mail, processing times can be several months long.

Human Resources must be notified six months in advance to apply for transfer to an H-1B or Permanent Residency status.  

Business/Tourist Visitor (B-1 or B-2 visa)

Description:

A U.S. Embassy issues B-1 visas for short-term business visits. While in B-1 visa status, the foreign national can not be employed or receive a salary. However, a stipend, temporary per-diem or travel expenses can be paid to the foreign national. While the term length of this visa may be up to ten years, the length of time authorized on the I-94 card to remain in the U.S. will vary depending on the individual's circumstances.  The immigration officer will make that determination.

A U.S. Embassy issues B-2 visas for short-term visits to the U.S. for recreational, amusement or medical treatment purposes or for visitation with family and friends. The foreign national in this status may not receive a stipend, temporary per-diem, or travel expenses. While the term length of this visa may be up to ten years, the length of time authorized on the I-94 card to remain in the U.S. will vary depending on the individual's circumstances.  The immigration officer will make that determination.

Application Procedures:

For B-1 visas, the foreign national must provide the U.S. Embassy proof of citizenship, an invitation letter from UCAR, and proof of where he/she is employed. The visitor may be required to provide proof of residency. We recommend that you send two letters to your prospective visitor.  In one letter you may outline the financial arrangements, such as per diem, travel reimbursement, etc.  The other letter will be the "carry" letter, that the visitor will carry when crossing the border.  This letter is not intended to discuss financial arrangements, but simply be an invitation to the visitor to collaborate, speak, etc., at UCAR for a defined amount of time. Please be sure that your visitors understand that the carry letter is the letter to present at the border, as letters discussing financial arrangements may be interpreted by immigration officials as salary offers and entry to the U.S. may be denied.

For B-2 visas, the foreign national must provide the U.S. Embassy proof of citizenship, possibly proof of residency, and the reason for traveling to the U.S.

The foreign national secures these visas independently. UCAR does not assist in the procurement of either of these types of visas.

Dependents (B-1 or B-2 visas):

Family members may receive visas from the U.S. Embassy to travel with the foreign national or separately following the same procedures listed above.

Extensions or Transfers:

To extend a B-1 or B-2 visa the foreign national should contact the USCIS office in the state he/she is located in if any information on his/her visa changes or if an extension is desired. To transfer to another type of visa, the foreign national should contact Human Resources to determine what type of visa he/she is eligible to transfer to. Some restrictions may apply.

Visa Waiver

The Visa Waiver Program was developed to allow quicker travel for those coming to the U.S. from a limited number of foreign countries. A foreign national who qualifies for a B-1 or B-2 visa may be admitted under the waiver program if he/she is a national of one of the participating countries. The foreign national may not receive a salary, but may receive an honorarium, temporary living per diem and travel expenses. The period of stay can not exceed 90 days; and the visa waiver can not be transferred or extended. Please click here to view which countries are currently on the visa waiver program.  As with the B visa, the visitor will need an invitation letter from UCAR.  We recommend that you send two letters to your prospective visitor.  In one letter you may outline the financial arrangements, such as per diem, travel reimbursement, etc.  The other letter will be the "carry" letter, that the visitor will carry when crossing the border.  This letter is not intended to discuss  financial arrangements, but simply be an invitation to the visitor to collaborate, speak, etc., at UCAR for a defined amount of time. Please be sure that your visitors understand that the carry letter is the letter to present at the border, as letters discussing financial arrangements may be interpreted by immigration officials as salary offers and entry to the U.S. may be denied.

Application Procedures:

The visa waiver can be obtained at the time of departure from the airport immigration office. The foreign national must provide a valid passport, an offer letter (see above) authorizing the visit with specific beginning and ending dates (not to exceed 90 days), and be in possession of a roundtrip, non-refundable transportation ticket. Beginning June 26, 2005, all foreign visitors traveling to the U.S. on the Visa Waiver Program must have a machine-readable passport.  If the foreign visitor does not have a machine-readable passport, he or she will have to apply for a non-immigrant visa through the U.S. Embassy. The foreign national secures the visa waiver independently; UCAR does not assist in its procurement.

Out of Status:

It is critical that the foreign national remains aware of the beginning and end dates of the visa waiver. The foreign national must leave the U.S. before the waiver expires. Allowing the visa waiver to expire while still in the U.S. will result in serious consequences (such as the inability to obtain a future visa waiver) as well as other penalties.

Extensions and Transfers:

VISA WAIVERS MAY NOT BE CHANGED, TRANSFERRED OR EXTENDED. THE FOREIGN NATIONAL MUST LEAVE THE U.S. BY THE EXPIRATION DATE.

Dependents (Visa Waivers):

Family members may receive visa waivers along with the foreign national. The same information and procedures will be followed for family members.

More information on Visa Waivers can be found on the Department of State's website: http://www.travel.state.gov/visa/tempvisitors_novisa_waiver.html.

Student Worker (F-1 visa)

Description:

F-1 visas are designed primarily to allow foreign nationals the ability to attend colleges or universities in the U.S. However, training or working experiences may be permitted in addition to academics. Approved CURRICULAR PRACTICAL TRAINING (CPT) may permit up to one-year's part-time training or employment during the school year. OPTIONAL PRACTICAL TRAINING (OPT) may be permitted for full-time training or employment for up to a year immediately upon graduation.

Application Procedures:

The foreign student must apply for CPT or OPT  through the Foreign Student Office at their university. The Foreign Student Advisor will determine if the training/employment will be allowed and submit the necessary application and paperwork to request employment authorization. The foreign student secures this authorization independently. UCAR does not assist in its procurement.

Dependents (F-2 Visas):

The foreign student must work with the Foreign Student Office at his/her university to secure F-2 visa status for spouses and dependent children under 21 years of age. Dependents are not eligible for employment in F-2 status.

Extensions and Transfers:

If the foreign student is still eligible for continued CPT or OPT, he/she should contact his/her Foreign Student Advisor to seek an extension as long as the extension will not exceed the one year allowable time.

Human Resources must be contacted prior to training/employment authorization expiration to transfer to another type of visa/work authorization. Most F-1 students transfer to H-1B visa status. Please note it takes approximately six months to process an H-1B visa.

Permanent Resident (Green Card Status)

A foreign national can gain permanent resident status either through a family relationship with a U.S. citizen or legalized permanent resident, or with an offer of employment (employment-based). UCAR may provide assistance with permanent resident applications for foreign nationals selected to receive regular or scientific appointments. UCAR typically uses Outstanding Researcher or Labor Certification for green card applications. Applications based on other criteria, such as marriage to a U.S. citizen, are also eligible for assistance from UCAR, if the lab/program approves financial support of the permanent residence process. UCAR's intent in supporting applications for permanent residence is to facilitate long-term employment. Labs and programs are expected to assess the appropriateness of such support.

An employee is required to reimburse UCAR for any permanent resident fees paid by UCAR if he or she leaves UCAR employment within one year from the start of the green card application process unless UCAR management determines that its interest and the interests of the scientific community would be best served by waiving the reimbursement. 

Impact of New Dept. of Labor Regulations on Permanent Resident Sponsorship

Due to recent changes in Dept. of Labor regulations, employers are now required to pay for the Labor Certification process (this includes all attorneys' fees and advertising costs associated with the labor certification process). Because we are now required to pay these fees, any foreign national needing a Labor Certification for his/her green card process, must use UCAR's immigration firm.

Important Details and Updates Regarding Green Card Procedures:

If the filing of an I-140 or Labor Certification is required in the green card process, the foreign national must use UCAR's immigration firm. When filing a Labor Certification or an I-140, UCAR is considered the petitioner, and therefore must be represented by UCAR's immigration attorneys.

If an employee is self-petitioning in the capacity of a National Interest Waiver or an Extraordinary Ability petition, UCAR is not directly a part of the process, so the foreign national is free to apply for green card status on his or her own, or use the assistance of any immigration attorney. In this case, UCAR does not provide financial or administrative support for the application process. However, labs/programs may provide letters of support for the foreign national if requested. A lab/program may also choose to financially support an Extraordinary Ability petition or a National Interest Waiver, in which case, the foreign national would be required to use UCAR's immigration attorneys.

Application Procedures:

Human Resources (HR) should be notified immediately of the intent of a foreign national to pursue a green card. If the laboratory/program will financially support the application process, HR will send the foreign national an authorization notification. If UCAR is financially supporting the application, the foreign national must use the services of UCAR's immigration attorneys, Stern & Curray LLC, 303-407-4100. The foreign national will contact and work exclusively with the immigration attorneys throughout the process.

The immigration attorneys will interview the foreign national, determine the best application approach to use, complete the application materials and file the necessary documentation with the applicable governing agencies. The fees for the green card process will vary depending on the approach used and if there are any additional circumstances with the foreign national. Average estimates in 2010 range from $10,000-$13,000. The attorneys will send an estimate of costs prior to conducting any services.  When applicable, UCAR allows for the filing of the I-485, Application to Register Permanent Residence or to Adjust Status, concurrent with the Outstanding Researcher Application.

Invoices will be submitted to the laboratories/programs throughout the process to cover various fees, application and processing charges. The timeline to receive a green card varies greatly depending on the country the foreign national is from and the type of application process being used. Average estimates range from one to five years.

Dependents (Green Card Status):

Applications and financial costs necessary for family members' green card applications are the sole responsibility of the foreign national. UCAR does not provide any financial or administrative assistance for family members' green card applications.

For more information, please contact Human Resources, ext. 303-497-8705; fax 303-497-8709 or e-mail smontoya@ucar.edu

Please click here for information on renewing a Permanent Residency Card.

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. For more information, please see the Department of State's website.

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