Resources
Indian scientist’s visa denial sparks outrage
Washington Post, Feb 23, 2006. "A decision two weeks ago by a U.S. consulate in India to refuse a
visa to a prominent Indian scientist has triggered heated protests in that country and set off
a major diplomatic flap on the eve of President Bush's first visit to India."
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A Quick Guide to Visas and Immigration Status for International Postdocs
A guide from the National Postdoctoral Association
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Extending H-1B status beyond six years as it relates to timely filing for permanent residence
An H-1B visa petition is normally approved for three years, and is renewable for another
three. However, the status may be extended beyond the sixth year in one-year increments under
certain conditions - all of them in cases where qualifying documentation has been pending 365
days or more as of the date of the filing of the H-1B extension request
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Alternatives to H-1B Visas: J-1 Trainee Visa and H-3 Trainee Visa
An overview of the J-1 and H-3 visas.
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Student update: STEM degree holders
On April 4, 2008, the U.S. Department of Homeland Security released an interim final rule,
extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified
F-1 non-immigrant students. The extension is available to F-1 students with a degree in
science, technology, engineering, or mathematics (STEM) who are employed by businesses
enrolled in the E-Verify program. This update explains benefits this interim final rule
provides to qualified foreign students as well as restrictions it imposes on such as type of
employment, period of unemployment, and field of employment.
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2004 UC Berkeley Visa Holder Survey
Power point presentation of the results of a survey at Berkeley about problems students and postdocs have had with their visas.
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Border Security: Improvements Needed to Reduce Time Taken to Adjudicate Visas for Science Students and Scholars
February, 2004. A US General Accounting Office study of delays caused by Visa Mantis.
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National Interest Waiver
The national interest waiver (NIW) is a provision of the second preference employment-based
category which allows a beneficiary to bypass the labor certification process and
self-petition for permanent residence based on professional achievements he established
in his field of endeavor. This waiver is available if the applicant's work is in the national
interest and he has a good record of achievements in his field. The NIW is typically utilized by
postdoctoral researchers, but can also be used by professors, industry researchers,
artists, and business people.
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Extraordinary ability and national interest waiver similarities and differences
Two common obstacles for foreign nationals seeking permanent residence in the U.S. are the
need for an employer sponsor and the labor certification requirement. There are two distinct
immigration classifications which allow an alien to self-sponsor and thereby avoid both
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Highlights of "Streamlined Visas Mantis Program Has Lowered Burden on Foreign Science Students and Scholars, but Further Refinements Needed"
February 2005. A 1-page overview of a GAO report showing substantial improvements in processing times for Visa Mantis background checks. As of November 2004, processing times average 15 days, down from 67 days in the spring of 2003.
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Keeping foreign scholars at bay
July 4, 2004. A San Francisco Chronicle editorial on visa problems facing international students and postdocs.
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Streamlined Visas Mantis Program Has Lowered Burden on Foreign Science Students and Scholars, but Further Refinements Needed
February 2005. A GAO report showing substantial improvements in processing times for Visa Mantis background checks. As of November 2004, processing times average 15 days, down from 67 days in the spring of 2003.
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