Processes & Procedures for International Faculty & Employees
Table of Contents
International Faculty and Employees (Visa Types: H-1B1, O-1, J-1, P-2, TN)
International faculty and staff enter the U.S. as non-immigrants for the purposes of education or research. At The Johns Hopkins Medical Institutions, international faculty or international staff may enter on H-1B1 visas as non-immigrant workers, on O-1 Extraordinary Ability visas as professors or researchers, on J-1 Exchange Visitor Visas as Research Scholars or Professors, or on TN visas (Canadian and Mexican citizens only) as professors or researchers. The time limit for an international faculty and staff member in H-1B1 status, in O-1 status, in J-1 status, or in TN status varies considerably and is dependant on the type of visa petition filed with the U.S. Immigration and Naturalization Service (INS). Immediate dependents of international faculty and staff arrive as H-4s, O-3s, J-2s, or TDs, respectively.
Invitation
Departments or divisions wishing to invite international faculty or staff must first contact the OIS. The OIS will advise as to the appropriate visa status based on the planned activities in the U.S. and previous visa history. Please be aware that H-1B1 and O-1 visas take up to four months to file and, for School of Medicine appointments, require approval from the School of Medicine Dean's Office. Furthermore, O-1 visas are only available for faculty-level appointments. J-1 petitions follow the same procedures as those discussed in the Research Fellows & Post-doctoral Fellows Section. TN visas are also available for international faculty who are Canadian citizens or Mexican citizens and who are entering the U.S. to teach or to perform research. Because the visa process is often complex for international faculty and staff, interested departments and divisions must work closely with OIS staff to ensure that correct procedures are followed.
When the visa paperwork for international faculty or staff is complete, the OIS will send the visa documents to the international faculty or staff members overseas. The international faculty or staff present these documents to a U.S. Consulate or Embassy in the home country to obtain J-1, H-1B1, or O-1 visa stamps to enter the U.S. (Exception: TN Visa Processing in Canada).
NOTE: H-1B1 and O-1 visas require that The Johns Hopkins Medical Institutions employ the international faculty or staff with pay while in the U.S.
Only the J-1 visa supports non-Hopkins funding for faculty.
The J-1 visa may not be used for international staff.
Arrival
When international faculty and staff arrive at The Johns Hopkins Medical Institutions, they must check in with the OIS located on the 1st Floor of Reed Hall, 1620 McElderry Street. During check in, the OIS staff reviews the visa documents and provides a brief orientation, discussing legal responsibilities while in the U.S.
Extenstions
J-1, H-1B1, O-1, and TN visa documents contain expiration dates.
If an international faculty or staff member plans to remain at The Johns Hopkins Medical Institutions beyond the expiration date on the documents, the faculty or staff member must file for an extension of visa status. Each extension procedure requires that the department or division complete paperwork. H-1B1, O-1, and TN extensions can be complicated and can take up to 4 months to process. The extension process must be completed in full before the visa documents expire.
Severe penalties exist for international physicians who do not extend their documents in a timely manner.
Whenever possible, departments and divisions should help international residents and clinical fellows complete their extension documents in a timely manner.
Changes in Program
International faculty and staff wishing to change academic programs or academic departments must notify the OIS in advance of securing the change (at least 30 days in advance for individuals in J-1 status and at least 120 days in advance for individuals in H-1B1 status) so that amendments may be made to the visa documents. If a department or division becomes aware of an international faculty or staff member who is changing programs or departments, please refer the faculty or staff member to the OIS immediately. This referral also applies for changes in financial support.
NOTE: Changes in employment for fellows in H-1B1 status may require significant paperwork before the changes can go into effect. Such paperwork can take 4 months or more to process. As a result, close and timely communication with the OIS is essential.
Employment Issues
International faculty and staff on H-1B1, O-1, and TN visas are strictly limited in their employment while in the U.S. They may only work for and receive remuneration from the employer who sponsored the H-1B1, O-1, or TN visa.
J-1 faculty may engage in non-JHMI-affiliated consultations or observerships, provided the activities are related to their programs and provided they receive authorization in writing from the OIS prior to beginning the consultations or observerships.
NOTE: Engaging in unauthorized employment in the U.S. is a serious offense and can result in severe penalties, including deportation.
Issues of dependent employment must be addressed individually by the OIS.
For information on payroll procedures and tax issues related to international students, simply click on the appropriate link.
