Processes & Procedures for International Consultants, Observers & Visitors
Table of Contents
International Consultants, Observers, and Visitors (Visa Types: B-1/B-2, J-1)
International observers, consultants, visitors and guests enter the U.S. as non-immigrants for the purposes of observation, consultation, or recreational visitation. Often, they enter the U.S. as tourists on B-1/B-2 visitor visas. However, they may also enter the U.S. as J-1 Exchange Visitors in the Research Scholar category or the Short-Term Scholar category. International observers, consultants, visitors, or guests may only be paid honorariums or stipends if they enter the U.S. on J-1 visas. No payment for employment is allowed under the B-1/B-2 visa.
NOTE: On very rare occasions, an international consultant may require an H-1B1 visa.
Invitation
Departments or divisions wishing to invite international consultants, observers, or visitors must first contact the Office of International Student, Faculty, and Staff Services (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 visas take up to four months to process and, for School of Medicine appointments, require approval from the School of Medicine Dean's Office. J-1 petitions follow the same procedures as those discussed in the Research Fellows & Post-doctoral Fellows Section. For those international consultants, observers, or visitors entering the U.S. on B-1/B-2 visas, departments or divisions must provide letters of invitation. The international consultants, observers, or visitors will present these letters to a U.S. Consulate or Embassy in the home country to obtain the appropriate B-1/B-2 visa stamps to enter the U.S.
NOTE: H-1B1 visas require that The Johns Hopkins University employ international consultants with pay while in the U.S.
Only the B-1/B-2 and J-1 visas support non-U.S. funding for international consultants, observers, or visitors.
No U.S. payment for employment is allowed on the B-1/B-2 visa.
Arrival
When international observers, consultants, visitors, or guests 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. At that time, the OIS staff reviews the visa documents and provides a brief orientation, discussing legal responsibilities while in the U.S.
Extenstions
The B-1/B-2, J-1, and H-1B1 visa documents contain expiration dates.
If an international consultant, observer, or visitor plans to remain at Johns Hopkins beyond the expiration date on the documents, the consultant, observer, or visitor must file for an extension of visa status. Each extension procedure requires that the department or division complete paperwork. The B-1/B-2 and J-1 extension procedures are not complicated but can take up to one month to process. An H-1B1 extension 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 visitors who do not extend their documents in a timely manner.
Whenever possible, departments and divisions should help remind international consultants, observers, or visitors of their extension deadlines and help them complete their extension documents in a timely manner.
Changes in Program
International consultants, observers, or visitors on B-1/B-2 visas may change the locations of their activities with little difficulty. However, international consultants, observers, or visitors in J-1 status or in H-1B1 status may not change programs or employment without authorization from the OIS. If a department or division becomes aware of an international observer, consultant, visitor, or guest in J-1 or H-1B1 status planning to change programs or employment, refer the international guest to the OIS immediately.
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 consultants, observers, or visitors in B-1 or B-2 status are not allowed to engage in employment of any kind while in the U.S. However, due to the signing into law of H.R. 4328, the Omnibus Budget bill, on October 21, 1998, B-1/B-2 visitors may now accept an honorarium payment and associated incidental expenses (i.e., per diem reimbursements for room, board, travel, etc.). Please note, however, that there are strict conditions which must be met in order for an international visitor to accept such payment -- "Any alien admitted under section 101(a)(15)(B) may accept an honorarium payment and associated incidental expenses for a usual academic activity or activities (lasting not longer than 9 days at any single institution) . . . if such payment is offered by an institution or organization described in subsection (p)(1) and is made for services conducted for the benefit of that institution or entity and if the alien has not accepted such payment or expenses from more than 5 institutions or organizations in the previous 6-month period."
International consultants, observers, or visitors in J-1 status may engage in non-JHU-related activities provided the activities are related to their programs and provided they receive prior written authorization from the OIS.
Finally, international consultants in H-1B1 status are strictly limited in their employment while in the U.S. They may only perform the work for which their H-1B1s were issued, and they may only work for and receive remuneration from the employer(s) who sponsored their H-1B1s.
For information on payroll procedures and tax issues related to international students, simply click on the appropriate link.
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.
