Visas

Up to Getting into Graduate School

Visa basics, problems with visas



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."
Community Recommendations on Visa Policies
May 12, 2004. Recommendations on visa policy changes by the AAU and a number of other organizations.
A Quick Guide to Visas and Immigration Status for International Postdocs
A guide from the National Postdoctoral Association
Visa Wait Times
A State Department list of the amount of time required at various consulates (1) for scheduling an appointment for a visa interview, and (2) for processing a visa.
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.
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
The NIW and the Post-doc: Recent Trends
Immigration Law Associates, "An appealing avenue to permanent residence for many postdocs is the EB-2 Advanced Degree Professional category, accompanied by a waiver of the labor certification requirement in the national interest, or 'national interest waiver' (NIW). This waiver has the advantage of allowing self-sponsorship, and the eligibility requirements for an NIW may be met by a researcher still early in his or her career. But there are also disadvantages."
VisaPortal.com - U.S. Immigration Resources Portal
VisaPortal.com is a leading online immigration portal featuring immigration law resources, news, forms, message boards, glossaries, directories and much more.
Student of Concern
SF Weekly, May 18, 2005. Proposed Department of Commerce regulations would require that foreign students get export licenses to use dual-purpose technologies in their studies. "Inherent in the new rules is a discriminatory contradiction: Students from India, which has cordial relations with the U.S., will need licenses to study, but students from Saudi Arabia -- home country for most of the participants in the 9/11 attacks on New York and Washington, and much of the financing and ideology behind Islamist terrorism -- will not."
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.
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.
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
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.
Alternatives to H-1B Visas: J-1 Trainee Visa and H-3 Trainee Visa
An overview of the J-1 and H-3 visas.
AAU Visa Resources
A nice collection of resources on visa policies relating to graduate students and postdocs assembled by the Association of American Universities.
Innovative Strategies In Achieving H-1B Cap Exempt Status
Immigration Law Associates, "This article will describe some alternative options for the "for profit" employer who seeks to sponsor professional foreign nationals for H-1B status."
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.
Keeping foreign scholars at bay
July 4, 2004. A San Francisco Chronicle editorial on visa problems facing international students and postdocs.
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.