Visa Options

 

J-1 Exchange Visitors:

Research Scholars/Professors and Short-Term Scholars

Prerequisites

  • Must not have been physically present in the United States in J-1 status (in any category) for at least 6 months in the 12-month period immediately prior to the Weill Cornell Medicine (WCM) start date
    • If previously in the United States as a J-1 Research Scholar, must have completed the J-1 program at least 24 months prior to WCM start date
    • Exemption – If currently in the US in valid J-1 status as a Research Scholar may transfer J-1 program to WCM if within five-year period

Funding Source

  • Funding can be provided by any source (WCM, external organization and/or personal savings)

 Process Summary

  • WCM HR-Immigration issues DS-2019 form after confirming regulatory and institutional requirements are met
  • If outside of the United States, J-1 visitor uses DS-2019 form to apply for and obtain a J-1 visa stamp from a US Embassy/Consulate (unless a Canadian citizen)
  • J-1 Visitor uses J-1 visa stamp to enter the US and is granted J-1 status once admitted into the US by the US Customs and Border Protection (CBP)

Timeline

  • 20 to 60 days to issue DS-2019
  • Visa processing time varies by US Embassy/Consulate

 

Duration

  • J-1 status issued in increments of 1 month to 5 years (depending on funding)
  • Maximum stay for Research Scholars/Professors is 5 years (all 5 years can be requested in the initial DS-2019 form)
  • Maximum stay for Short-Term Scholars is 6 months

 Visa Stamps

  • J-1 visa applicants are given priority in scheduling visa appointments at all US Embassies/Consulates
  • All J-1 visa applicants are subject to administrative processing (additional vetting and security checks by US Embassy/Consulate)
  • Normally issued a multiple-entry J-1 visa stamp valid for entire J-1 period requested on DS-2019 form (dependent on country of citizenship)

 US Tax Exemptions

  • J-1 Research Scholars/Professors are usually exemptfrom FICA taxes (Social Security and Medicare Taxes) for first two calendar years individual is physically present in the United States
    • J-1 Research Scholars/Professors may be exempt from all or some Federal, State and Local income taxes based on a treaty between the US and country of last tax residency

 Dependents

  • Spouse and children under 21 can obtain J-2 status
  • A spouse in J-2 status can work for any employer without sponsorship, but must apply for employment authorization (EAD card) with US Citizenship and Immigration Services (USCIS)

 Costs

  • Paid by the Individual
    • $220 government filing fee for I-901 SEVIS fee (one-time)
    • $185 government application fee per J-1/J-2 visa stamp
    • If applicable – visa reciprocity fee (varies by country of citizenship)

 Stipulations

  • May be subject to the two-year home residency requirement based on country of origin, research area and/or funding source
  • If subject, must either comply with or obtain a waiver of the two-year home residency requirement before changing to H-1B status or submitting the last step of the green card process

Links

 

H-1B Specialty Occupation Workers

 Prerequisites

  • Sponsored role must require at least a bachelor’s degree in a specific field of study
  • Sponsored worker must have at least a bachelor’s degree (or equivalent) in the required (or closely related) field of study
  • Must be paid the higher of the actual wage or the prevailing wage for the offered position

Funding Source

  • Must be a full-time WCM employee on payroll receiving same benefits offered to US citizens

 Process Summary

  • Two-step process

1)       Labor Condition Application (LCA) is submitted to US Department of Labor (DOL)

2)       I-129 petition and supporting documents are filed with USCIS

  • If outside of US, H-1B worker must apply for and obtain an H-1B visa stamp from a US Embassy/Consulate after the I-129 petition is approved by USCIS and is only granted H-1B status once admitted into US by CBP

Note - WCM is a cap-exempt petitioner (not subject to H-1B lottery)

 Timeline

  • 45 to 90 days to file I-129 petition with USCIS
  • 20 to 180+ days to receive decision from USCIS
  • Visa processing time varies by US Embassy/Consulate

 Duration

  • H-1B status issued in increments up to 3 years
  • Maximum stay of 6 years
  • Can extend beyond 6 years in certain situations

 Visa Stamps

  • H-1B visa applicants are NOT given priority in scheduling visa appointments at any US Embassy/Consulate
  • All H-1B visa applications are subject to administrative processing (additional vetting security checks by US Embassy/Consulate)
  • H-1B visa stamp validity is often shortened due to reciprocity rules (depending on country of citizenship – For example, Chinese citizens are only issued H-1B visas valid for 12 months regardless of length of approved H-1B status.)

US Tax Exemptions

  • H-1B Workers are never exempt from FICA taxes (Social Security and Medicare Taxes)
  • H-1B Workers are rarely exempt from Federal, State and Local income taxes based on a treaty between the US and the country of last tax residency

Dependents

  • Spouse and children under 21 can obtain H-4 status
  • H-4 spouses can only work in very limited situations and must apply for an EAD

 Costs

  • Paid by WCM
    • $460 government filing fee for I-129 petition
      • $500 government Anti-Fraud fee (one-time)
        • If the sponsored worker is outside of the US - $100,000 government fee in compliance with the Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers
        • Paid by WCM or the Individual
          • OPTIONAL - $2,805 government filing fee for Premium Processing (Premium processing is NOT required for most cases)
          • Paid by the Individual
            • $205 government application fee per H-1B/H-4 visa stamp
      • If applicable – visa reciprocity fee (varies by country of citizenship)

Links

 

F-1 Students – Employment Authorization Post Graduation

Prerequisites

  • Must be in the United States in F-1 Student status as a recent graduate of any US college or university

 

Funding Source

  • OPT – Appointment can be voluntary or WCM-salaried
  • STEM OPT – Must be a WCM employee on payroll with a minimum of 20 hours of weekly work schedule

 Process Summary

Post-Completion Optional Practical Training (OPT)

  • For employment after graduation
  • Must obtain EAD card from USCIS
    • Designated School Official (DSO) issues new I-20 form recommending OPT
    • F-1 Student submits I-765 application to USCIS
    • Cannot begin working for WCM until EAD card is received

STEM OPT Extension

  • Only for those with a STEM degree who will work with an E-Verify employer
  • Must obtain EAD card from USCIS
  • F-1 student works with WCM Supervisor and WCM HR-Immigration to complete I-983 training plan
  • Designated School Official (DSO) issues new I-20 form recommending STEM

OPT

  • F-1 Student submits I-765 application to USCIS
    • Can continue to legally work while I-765 application is pending if submitted before expiration of OPT

Note – WCM is an E-Verify employer

Timeline

  • Varies – Students must consult with their F-1 Designated School Official (DSO)

Duration

  • OPT EAD is valid for 12 months
  • STEM OPT EAD is valid for 24 months

 

Visa Stamps

  • F-1 Students are given priority in scheduling visa appointments at all US Embassies/Consulates
  • F-1 Students are always subject to administrative processing (additional vetting and security checks by US Embassy/Consulate)

 

US Tax Exemptions

  • F-1 Students are exempt from all FICA taxes (Social Security and Medicare Taxes) for first five calendar years
  • F-1 Students may be exempt from all or some Federal, State and Local income taxes based on a treaty between the US and country of last tax residency

Dependents

  • Spouse and children under 21 can obtain F-2 status
  • Spouse cannot work in F-2 status

 Costs

  • Paid by the Individual
    • $470 government filing fee per I-765 EAD application filed online ($520 for paper filing)
    • OPTIONAL - $1,685 government filing fee for Premium Processing
    • $185 government application fee per F-1/F-2 visa stamp
    • If applicable – visa reciprocity fee (varies by country of citizenship)

 Links

 

TN Trade NAFTA

Prerequisites

  • Only for Canadian and Mexican Citizens
  • Only for certain occupations as listed in NAFTA (USMCA)

Funding Source

  • Funding can be provided by any source (WCM, external organization and/or personal savings)

 Process Summary

  • Canadians must apply with US Customs and Border Protection (CBP) at port of entry
  • Mexicans can apply with US Embassy/Consulate to obtain TN visa stamp
  • To apply only need to present proof of Canadian or Mexican citizenship, education credentials and letter from WCM explaining job duties
  • Can also submit an I-129 petition to USCIS if already in the United States

Timeline

  • 20 to 60 days to prepare TN Letter

Duration

  • Issued in increments up to 3 years
  • No maximum period of stay (but in practice normally limited to 8 to 10 years)

 Visa Stamps

  • Canadians do NOT require a visa stamp
  • NO priority in scheduling visa appointments for Mexicans at any US Embassy/Consulate
  • May be subject to administrative processing (additional security checks by US Embassy/Consulate)

US Tax Exemptions

  • TN Workers are never exempt from FICA taxes (Social Security and Medicare Taxes)
  • TN workers are rarely exempt from any Federal, State and Local income taxes based on a treaty between the US and country of last tax residency

Dependents

  • Spouse and children under 21 can obtain TD status
  • Spouse cannot work in TD status

 Costs

  • Paid by the Individual
    • $50 government fee for Canadians filing with CBP at port of entry
    • $185 government application fee and applicable visa reciprocity fee for Mexicans applying for a TN/TD visa at the US Embassy/Consulate
  • Paid by WCM
    • $510 government filing fee for I-129 petition submitted to USCIS

 Links

E-3 Australian Treaty Workers

 

 Prerequisites

  • Only for Australian Citizens
  • Sponsored role must require at least a bachelor’s degree in a specific field of study
  • Sponsored worker must have at least a bachelor’s degree (or equivalent) in the required (or closely related) field of study
  • Must be paid the higher of the actual wage or the prevailing wage for the offered position

Funding Source

  • Must be a WCM employee on payroll receiving same benefits offered to US citizens

 Process Summary

  • Three-step process

1)  WCM submits Labor Condition Application to DOL

2)  E-3 Worker applies for and obtains an E-3 visa stamp at US Embassy or Consulate

3) E-3 Worker uses E-3 visa stamp to enter US and is granted E-3 status once admitted into the US by the US Customs and Border Protection (CBP)

  • Can also submit an I-129 petition to USCIS if already in the United States

Timeline

  • 20 to 60 days to prepare LCA and E-3 Letter

 

Duration

  • Issued in increments up to 3 years
  • No maximum period of stay

 Visa Stamps

  • NO priority in scheduling visa appointments at any US Embassy/Consulate
  • May be subject to administrative processing (additional security checks by US Embassy/Consulate)

US Tax Exemptions

  • E-3 Workers are never exempt from FICA taxes (Social Security and Medicare Taxes)
  • E-3 Workers may be exempt from Federal, State and Local income taxes based on a treaty between the US and country of last tax residency

 Dependents

  • Spouse and children under 21 can obtain E-3S and E-3Y status
  • Spouse in E-3S status can work for any employer without sponsorship and does NOT need an EAD card

 Costs

  • Paid by WCM
    • $510 government filing fee for I-129 petition submitted to USCIS
    • Paid by the Individual
      • $315 government application fee per E-3 visa stamp

 Links

 

IMPORTANT NOTES ON ALL CATEGORIES

 

  • Before submitting any immigration case, HR-Immigration must first request, receive and review documentation from both the WCM department and sponsored individual to ensure eligibility and compliance with all federal regulations and standard WCM hiring procedures.
  • All posted government filing fees are subject to change.
    • Citizens of certain countries must also pay an additional visa reciprocity fee. This fee varies by country of citizenship and specific visa category. More information can be found on Travel.State.Gov.
    • Available tax exemptions will be identified after the individual arrives in the US and are based on US immigration history, length of planned stay in US and country of last residence.
  • A valid visa stamp is only needed to enter the US or return to the US after international travel. It is NOT required to legally remain or work in the United States.
  • Canadian citizens do NOT need a visa stamp to enter the United States.

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