DS-2019 Validity Period. Make sure that your DS-2019 does not expire. The expiration date is listed in Section 3 of the DS-20I9. If you are reappointed, your international advisor will extend your DS-2019 to match your appointment period.
I-94 and Status. Your I-94 needs to indicate "J-1" and "D/S". If your I-94 indicates an expiration date, please contact your international advisor.
Program Duration and Limitations. The maximum period of time you can spend in the United States as a J-1 Research Scholar or Professor is five years. J-1 Short-Term Scholar programs have a maximum duration of six months.
At the end of a Research Scholar or Professor program, there is a two-year ban on repeat participation in a J program in the same categories. This is known as the 24-month bar, which is separate from the two-year home residence requirement explained below. There is also a 12-month bar on starting a new Research Scholar or Professor J program, if an individual has spent six months or more in the United States in J status within the previous 12 months.
Occasional Lectures and Short Term Collaborations. You are only authorized to undertake the activities described in Section 4 of the DS-2019. Professors, research scholars, and short term scholars may participate in occasional lectures and in short term consultations, with an international advisor's prior authorization. These lectures or consultations must directly relate to your program activities, must be incidental to your primary program activities, and must not delay the completion date of your program. You must consult with your international advisor before you engage in any activities not described on your DS-2019.
Health and Medical Evacuation and Repatriation Insurance. You must obtain health insurance coverage that complies with the U.S. Department of State requirements for individuals in J-1 status and their families. Willful disregard of these requirements will result in termination of your program and your J-1 status.
For scholars, Caltech and JPL offer health insurance plans that meet the minimum requirements. If you are not eligible for Caltech or JPL health insurance or benefits, contact your international advisor for additional options for purchasing the required coverage.
All J-1 scholars and their J-2 dependents will be covered by Medical and Repatriation insurance provided for free by the Institute, regardless of benefit-eligibility. You can access more information about the coverage provided by International SOS.
U.S. Home Address. Immigration requires that you update your local home address in access.caltech within 10 days of any move. You must report your actual, physical location, NOT a Caltech Mail Code or P.O. Box. JPL scholars should provide updated home address information to their international advisor.
Work Site. You are only authorized to work at the work site indicated on the DS-2019 or in your SEVIS record. Telework rules: J-1s must be onsite and in-person at least three days per week.
24-Month Bar on Repeat Participation. A scholar who participates in the J-1 Exchange Visitor Program in the Professor or Research Scholar category becomes subject to a 24-month bar on repeat participation upon completion of their program. The J-1 category can be found in section 4 of the Form DS-2019.
The rule stipulates that, upon program completion, J-1 scholars in those two categories, regardless of country of citizenship or permanent residence, are ineligible to use the Research Scholar or Professor category to enter the United States again within the following 24-month period.
This rule attaches itself and the clock starts as soon as the program ends, even if only a portion of the 5 year maximum duration is used. The rule does not prevent timely J-1 extensions of stay while remaining at Caltech/JPL or transfers to other J-1 institutions. The rule does not apply to individuals in the Short Term Scholar category. This is a separate and distinct rule from the Two Year Home Residence requirement (see below).
Two Year Home Residence Requirement. Certain J-1 scholars are subject to the two-year home residence requirement. You will be required to return to your home country for two years at the end of your exchange visitor program if any of the following conditions exist:
- Government funding. Your program is financed, directly or indirectly, by the U.S. government or your home country's government, or the government of your country of last permanent residence.
- Graduate medical education or training. Your program is for graduate medical education or training.
- Skills List. You are a citizen or permanent resident of a country which has deemed your field of specialized knowledge or skill necessary to the development of the country, as shown on the Exchange Visitor Skills List.
If you are subject to the two-year home residence requirement, you cannot change your nonimmigrant status inside the United States, you cannot apply for an H, L or K visa, and you cannot complete an application to become a permanent resident. In order to fulfill the two-year home residence requirement, you must return to your home country for at least two years or obtain a waiver of that obligation. If you are unsure if you require a waiver, you may take the U.S. Department of State (DOS) survey. The survey may recommend you request an Advisory Opinion, which is the final determination by DOS if you are subject to the requirement or not.
Grace Period. At the conclusion of any J program category, you are permitted to remain in the United States for up to 30 days. This 30 day grace period is designed for domestic travel and to prepare for departure from the United States. Your research program is no longer active during this 30 day period.
Transfer. If you wish to leave Caltech to continue your J program at another institution in the United States, you must request that your international advisor release your SEVIS record (the DS-2019) to the new institution. Your international advisor will review the transfer request and confirm when it is complete. The transfer request must be submitted prior to the expiration date listed in Section 3 of your DS-2019.
Document Retention. It is important that you retain all documentation pertaining to your immigration status related to your stay in the United States. This may include current and expired passports; DS-2019s; and I-797s. These records are important in establishing your compliance with U.S. immigration laws.
Valid Passport. Ensure that your passport remains valid throughout your stay. You can renew your passport through your home country's consulate or embassy while you are inside the United States.
All estimated timelines are approximate.
SCENARIO A
New Employment – Scholar is outside the United States
- ISS is notified of new appointment. Scholar receives automated email request to fill out the intake form to determine visa sponsorship steps.
- Once the intake form is received, ISS contacts scholar and requests J-1 Supplement form to be completed. 1-2 weeks
- New scholar completes and submits J-1 Supplement and supporting documents. 1-4 weeks
- Upon receipt of the J-1 Supplement and supporting docs, ISS prepares DS-2019(s) and sends to scholar electronically. 1-2 weeks
- Scholar receives DS-2019(s) and applies for visa at U.S. Consulate abroad. 2-8 weeks
- Scholar arrives at Caltech and checks in with ISS and Human Resources.
SCENARIO B
New Employment – Scholar is inside the United States in another nonimmigrant status, such as F-1
- ISS is notified of new appointment. Scholar receives automated email request to fill out the intake form to determine visa sponsorship steps.
- Once the intake form is received, ISS contacts scholar and requests J-1 Supplement form to be completed. 1-2 weeks
- New scholar completes and submits J-1 Supplement and supporting documents. 1-4 weeks
- Upon receipt of the J-1 Supplement and supporting docs, ISS prepares DS-2019(s) and sends to scholar electronically. 1-2 weeks
- Scholar receives DS-2019(s), departs the United States, and applies for visa at U.S. Consulate abroad. 2-8 weeks
- Scholar arrives at Caltech and checks in with ISS and Human Resources.
SCENARIO C
Change of Employer to Caltech – Scholar is inside the United States in J-1 status with another employer
- ISS is notified of new appointment. Scholar receives automated email request to fill out the intake form to determine visa sponsorship steps.
- Once the intake form is received, ISS contacts scholar and requests J-1 Supplement form to be completed. 1-2 weeks
- ISS receives J-1 Supplement and supporting documents. 1-4 weeks
- ISS coordinates SEVIS transfer with current employer's J program. On the transfer date, ISS will have access to the SEVIS record and will print and provide the Caltech DS-2019 to the scholar upon arrival. Timeline depends on anticipated start date
- Scholar arrives at Caltech and checks in with ISS and Human Resources.
H-1B Validity Period. An H-1B petition is approved for the specific period of time indicated on your H-1B approval notice (I-797). If you are reappointed, your international advisor will file to extend your H-1B status to match your appointment period. H-1B status may be granted in increments up to three years. The maximum period of time you can spend in H-1B status is six years.
I-94 and Status. Always review and save your new I-94 after reentry. Your I-94 needs to indicate "H-1B" and include an expiration date that matches the expiration date on your H-1B approval notice. If your I-94 includes an expiration date with an additional 10 days beyond your H-1B validity period, you have been granted a "grace period" and you are eligible to remain in the United States for the full duration of your I-94, but you are not eligible to work during the additional 10 days. If your I-94 indicates any other expiration date, please contact your international advisor. The official at the port of entry may use the expiry date of your passport or visa as an end date on your I-94, rather than the expiry date on the H petition, which is incorrect. Let your international advisor know if this happens, as we will need to do an extension of your H petition.
Work Site. H-1B employees are authorized work for a specific employer at the location specified in the Labor Condition Application and in the H-1B petition. Please contact your international advisor if you are going to work from a different location for an extended period.
U.S. Home Address. Immigration requires that you update your local home address within 10 days of moving. You may file Form AR-11 or use their preferred online tool; see the USCIS website for more details. You must report your actual, physical location, NOT a Caltech Mail Code or P.O. Box. Additionally, Caltech scholars should update access.caltech and JPL scholars should provide updated home address information to their international advisor.
Time Spent Outside the United States. You may be able to recapture any time that you spend outside the United States during the H-1B validity period. This may become very important towards the end of your six years of H-1B status. We recommend keeping your old passports, boarding passes, frequent flyer accounts, and e-ticket itineraries as evidence of the time that you have spent overseas.
Unauthorized Employment. H-1B employees are authorized to work for a specific employer in the position described in the H-1B petition. H-1B employees not receive any payment or income from any other source. All other employment, even part-time or a one-time honorarium or consultant's fee, is inconsistent with H-1B status. Another employer may file a concurrent H-1B petition on your behalf in order to employ you.
Immigration Site Visits. USCIS conducts random FDNS (Fraud Detection and National Security) site visits on H-1B workers. The JPL or ISS offices are usually the first point of contact for a FDNS visit. If an FDNS officer appears at your work place, please ask to see identification and contact your international advisor immediately. FDNS inspectors are verifying your work information and may take photographs of your lab/office space. Please see the USCIS website for more information about the tasks and purpose of the program.
Extension of H-1B Status. Once an H-1B extension is filed, H-1B employees are allowed to remain in the United States and are allowed to continue to work while the extension is pending, even if the initial H-1B status has expired. Note: The California DMV will not renew a driver's license with a pending H-1B receipt notice.
Document Retention. It is important that you retain all documentation pertaining to your immigration status related to your stay in the United States. This may include current and expired passports, as well as all I-797 approval and receipt notices. These records are important to establishing your compliance with U.S. immigration laws.
Valid Passport. Ensure that your passport remains valid throughout your stay. You can renew your passport through your home country's consulate or embassy while you are inside the United States.
All estimated timelines are approximate.
SCENARIO A
New Employment – Scholar is inside the United States in another nonimmigrant status, such as F-1
- ISS is notified of new appointment. Scholar receives automated email request to fill out the intake form to determine visa sponsorship steps.
- Once the intake form is received, ISS contacts scholar and requests H-1B Supplement form to be completed. 1-2 weeks
- ISS receives H-1B Supplement and supporting documents. ISS receives certified LCA and export compliance determination. ISS prepares and files the H-1B petition with USCIS. 4-6 weeks
- USCIS processing, may include a Request for Evidence. Premium: 15 business days, Regular: 6- 8 months, Request for Evidence response takes additional time
- USCIS approves H-1B petition and mails approval notice to ISS. ISS sends the approval packet to scholar or provides it upon check-in. 2-3 weeks
- Scholar arrives at Caltech and checks in with ISS and Human Resources.
SCENARIO B
Change of Status – Scholar is at Caltech in another nonimmigrant status, such as F-1
- ISS is notified of reappointment. Scholar receives automated email request to fill out the intake form to determine visa sponsorship steps.
- Once the intake form is received, ISS contacts scholar and requests H-1B Supplement form to be completed. 1-2 weeks
- ISS receives H-1B Supplement and supporting documents. ISS receives certified LCA and export compliance determination. ISS prepares and files the H-1B petition with USCIS. 4-6 weeks
- USCIS processing, may include a Request for Evidence. Premium: 15 business days, Regular: 6- 8 months, Request for Evidence response takes additional time
- USCIS approves H-1B petition and mails approval notice to ISS. 2-3 weeks
- ISS provides the approval packet to scholar prior to the expiration of the other nonimmigrant status. Scholar continues employment without interruption.
SCENARIO C
New Employment – Scholar is outside the United States
- ISS is notified of new appointment. Scholar receives automated email request to fill out the intake form to determine visa sponsorship steps.
- Once the intake form is received, ISS contacts scholar and requests H-1B Supplement form to be completed. 1-2 weeks
- ISS receives H-1B Supplement and supporting documents. ISS receives certified LCA and export compliance determination. ISS prepares and files the H-1B petition with USCIS. 4-6 weeks
- USCIS processing, may include a Request for Evidence. Premium: 15 business days, Regular: 6- 8 months, Request for Evidence response takes additional time
- USCIS approves H-1B petition and mails approval notice to ISS. ISS sends the approval packet to scholar. 2-3 weeks
- Scholar applies for H-1B visa stamp at U.S. Consulate in order to enter the United States in H-1B status. 2-8 weeks
- Scholar arrives at Caltech and checks in with ISS and Human Resources.
SCENARIO D
Change of Employer – Scholar is inside the United States in H-1B status with another employer
- ISS is notified of new appointment. Scholar receives automated email request to fill out the intake form to determine visa sponsorship steps.
- Once the intake form is received, ISS contacts scholar and requests H-1B Supplement form to be completed. 1-2 weeks
- ISS receives H-1B Supplement and supporting documents. ISS receives certified LCA and export compliance determination. ISS prepares and files the H-1B petition with USCIS. 4-6 weeks
- USCIS processing, may include a Request for Evidence. Premium: 15 business days, Regular: 6- 8 months, Request for Evidence response takes additional time
- Caltech needs USCIS receipt notice or approval notice for employment to start. ISS provides the approval packet to scholar upon check-in or later. 2-3 weeks
- Scholar arrives at Caltech and checks in with ISS and Human Resources.
SCENARIO E
Extension of Stay – Scholar is at Caltech in H-1B status
- ISS is notified of reappointment.
- ISS contacts scholar and requests H-1B Supplement form to be completed. 1-2 weeks
- ISS receives H-1B Supplement and supporting documents. ISS receives certified LCA and export compliance determination. ISS prepares and files the H-1B petition with USCIS. 4-6 weeks
- USCIS processing, may include a Request for Evidence. Premium: 15 business days, Regular: 6- 8 months, Request for Evidence response takes additional time
- While H-1B petition is pending, work authorization is extended for up to 240 days. Scholar continues employment without interruption.
J-1
Government Agency. U.S. Department of State (DOS), BridgeUSA
Activity. Must engage in academic or research activities listed on DS-2019.
Funding. Funding can come from a variety of sources, including self-funding.
English Proficiency. Scholars must provide proof of English language proficiency.
Degree Requirements. Bachelor's degree and specialized knowledge.
Cost. We produce the DS-2019 at no cost to the Division or the scholar. Fees are paid by scholar: SEVIS I-907 fee, visa application fees, visa reciprocity fees
Process. See J-1 Processing Overview (above).
Visa Applications. J-1s must show ties to the home country. Timing varies and administrative processing delays are possible. U.S. Consulate Visa Appointment Wait Times. Do not book travel until visa is issued.
Locations. May have various worksites, but must be disclosed to your international scholar advisor. DOS must be notified before work may begin at a new site.
Non-Caltech/JPL Employment. May participate in occasional and incidental employment, must be related to Caltech/JPL activities. International scholar advisor authorization required beforehand. No sustained employment with any other employer.
Maximum Duration Of Stay. J-1 Research Scholar: 5 years; J-1 Short Term Scholar: 6 months
Dependents. J-2 dependents may apply for work authorization, but salary cannot be used to support the J-1 scholar.
Taxes. Scholars in J-1 status are likely to be non-residents for tax purposes and may have tax treaty benefits. See the Tax Treaties tab on our website for further information.
Immigrant Intent. Incompatible.
Tenure, Tenure-Track. Ineligible.
212(e) Two-Year Home Residence Requirement. May apply if scholar is subject to the Skills List, is funded by a government source, or is in the United States to complete a medical residency.
H-1B
Government Agencies. U.S. Citizenship and Immigration Services (USCIS), part of U.S. Department of Homeland Security (DHS), and U.S. Department of Labor (DOL).
Employment. Scholar must be employed by Caltech or JPL in the position listed on the H-1B petition. H-1B is employer specific.
Funding. Must be on regular payroll (W-2 wages/salary). Fellowships and independent funding are not allowed. Must meet the DOL wage requirements.
Degree Requirements. Bachelor's degree and specialized knowledge. Foreign degrees must be evaluated by a credential evaluation service.
Export Compliance. Review required.
Cost. We prepare the H-1B petition at no cost to the Division or the scholar. USCIS filing fees must be paid by employer: Form I-129, Fraud Detection and Prevention Fee (initial petition only), Premium Processing. Filing fees for dependents (if necessary) are paid by scholar: Form I-539.
Process. See H-1B Processing Overview (above).
Visa Applications. Timing varies and administrative processing delays are possible. U.S. Consulate Visa Appointment Wait Times. Do not book travel until visa is issued.
Locations. May have various worksites, but must be disclosed to international scholar advisor. USCIS must be notified before work may begin at a new site.
Non-Caltech/JPL Employment. No "honoraria" payments or outside consulting. No employment with another employer unless that employer has filed a concurrent H-1B petition.
Maximum Duration Of Stay. 6 years. Possible to extend beyond 6 years with a pending green card application.
Dependents. H-4 dependents do not have work authorization. Possible H-4 work authorization with a pending green card application.
Taxes. Scholars in H-1B status are likely to be tax residents and taxed on world-wide income. See the Tax Treaties tab on our website for further information.
Immigrant Intent. Compatible. Dual Intent.
212e/ Two-Year Home Residency Requirement. If applicable, must have 212(e) waiver to change status to H-1B or to apply for H-1B visa.
Tenure, Tenure-Track. Eligible.