Some positions are suitable for J-1 sponsorship, while others are not. For instance, acceptable positions for J-1 sponsorship include visiting professor, visiting researcher, post-doc researcher, and non-tenure track professor or faculty positions. The J-1 Exchange Visitor Program at Marshall University cannot be used to fill tenure track positions or positions that include direct patient contact.
To be eligible for a DS-2019, J-1 scholars must provide proof of financial support. However, the source of this funding does not necessarily have to be Marshall University. Many visiting scholars receive funding from their home institutions, home governments, or personal sponsors. If your department wishes to host a visiting scholar who will not receive funding from Marshall University, please be sure to consult with the appropriate college dean and Human Resources prior to inviting the scholar.
Yes, hosting a J-1 scholar is an important commitment and should not be taken lightly. The purpose of the J-1 Exchange Visitor Program is cultural and educational exchange. The host department and faculty member should be prepared to collaborate with the scholar on a regular basis in order to meet program objectives. Additionally, the host department and faculty member must be prepared to plan and join the scholar in cultural and community activities in order to foster cultural exchange.
Typical J-1 scholar programs can be from a minimum of 3 weeks to a maximum of 5 years. Short-term scholars are not subject to a minimum duration but are subject to a 6 month maximum. Short-term scholar category offers some benefits over the typical J-1 scholar category. If you are unsure which category is best when completing the application, please contact the Office of International Student Services at firstname.lastname@example.org.
The 12 month bar after previous J participation means that an individual may be ineligible to participate as a J-1 scholar if any or part of the previous 12 months was spent in any J status in the U.S. This includes all J-1 categories and J-2 status. Exceptions to this bar include J-1 transfers, Short-term scholars, and a program duration of less than 6 months. Be sure to include all immigration history in when completing the J-1 Scholar Application.
Following completion of a J-1 scholar program, exchange participants are not eligible to participate in a subsequent J-1 scholar program for a period of 2 years or 24 months following program completion, even if the program duration was less than 5 years. The 24 month bar on repeat participation does not apply to J-1 transfers. It is important to note that the 24 month bar is different than the 2 Year Home Residence Requirement.
The 212(e) Two-Year Home Residence Requirement is often confused with the 24 month bar on repeat participation. If an Exchange Visitor is subject to the Two-Year Home Residence Requirement, that individual must spend two years in the home country or be approved for a waiver to the requirement prior to being eligible to:
change immigration status from within the United States, or
obtain an immigrant visa (i.e., H, K visa or green card) from outside the United States.
An Exchange Visitor may be subject to the Two-Year Home Residence Requirement if they receive financing through their home government or the U.S. government, have certain specialized skills, or participated as a J-1 Alien Physician.
Yes, Exchange Visitors who are subject to the Two-Year Home Residence Requirement may apply for a waiver based on one of the following:
no objection statement from the home country,
request made by a U.S. government agency,
interest of a state agency (J-1 Alien Physician category only),
exceptional hardship to a U.S. citizen or permanent resident spouse or child of the exchange visitor, or
fear of persecution on account of race, religion, or political opinion.
H-1B is an immigration status intended for temporary employment in a specialized field and requires a bachelor’s degree or higher in the field. H1B sponsorship requires a petition to be filed with the United States Citizenship and Immigration Services (USCIS), which is a part of the U.S. Department of Homeland Security.
To request to initiate the H-1B sponsorship process, submit the H-1B Request Form.
All costs associated with H-1B sponsorship must be paid by the employer. Marshall University departments are responsible for USCIS filing fees for the H-1B petition. The beneficiary is responsible for costs associated with dependent filings, including legal and filing fees. Current USCIS filing fees can be found at: https://www.uscis.gov/forms/filing-fees.
Generally, full-time faculty positions are most suitable for H-1B sponsorship. Administrative positions may be considered on a case-by-case basis and require prior approval from the Office of International Student Services.
No, Marshall University is not subject to the H-1B cap and is not required to register in the H-1B lottery process.
Once the H-1B case is approved, you will receive an email from the Office of International Student Services.
Green Card (Lawful Permanent Residency) Sponsorship
Lawful permanent residency is also known as the green card. Permanent residency can be granted by sponsorship from an employer.
To request to initiate the green card process, email Lesli Burdette at email@example.com.
Marshall University covers the legal fees for the PERM, which is a part of the green card process for certain types of cases. The legal and filing fees for the I-140 and I-485 as well as all dependent costs are the responsibility of the employee.
Generally, Marshall University is willing to sponsor full-time faculty positions for the green card. Administrative positions require approval from the Office of International Student Services. Grant-funded positions are not eligible.