Keycon-L Alert for October 16, 2006
Checks for H-1B Processing
This is a friendly reminder for the ICs to NOT prepare a check for the $500 H-1B fraud and detection fee until you are specifically requested by your Team of Immigration Specialists or the H-1B coordinator. The checks are time-sensitive and only valid for 60 days from the date of issuance. If we are unable to file the H-1B petition within those 60 days, USCIS will reject the fee. Therefore, the ICs should wait until notified by DIS to cut the check.
In addition, the IC should clearly indicate the name of the scientist on the memo section of the check or attach a clear note indicating the scientist’s name. We often receive checks with no indication as to which IC sent the check or to which case it should be applied. As a reminder, the check is for $500, made payable to “Department of Homeland Security.”
Lastly, we will be updating our H-1B worksheet to indicate that the scientist should also not provide a check for payment of the petition fee(s) until notified by our office. We often encounter the same time-sensitive situation as we do with the IC’s checks. Therefore, please advise your scientist to refrain from providing checks until notified by DIS.
Premium Processing Update
The U.S. Citizenship and Immigration Services (USCIS), DHS, has recently added certain categories of lawful permanent resident (LPR) petitions, i.e. Form I-140, Immigration Petition for Alien Worker, to their list of acceptable petitions under premium processing. As a reminder, premium processing is the service by which USCIS will adjudicate a petition in 15 calendar days upon payment of a $1,000 premium processing fee (in addition to the basic petition fees). By “adjudicate,” USCIS will approve the petition; deny it; or request additional information within those 15 days.
The LPR category used at the NIH, Outstanding Professor/Researcher, is available for premium processing. As with the H-1B or O-1, the premium processing fee must be paid by the scientist, not the IC. Note that the premium processing fee does not cover the Form I-485, Adjustment Application for LPR. The Form I-485 is a separate application filed by the scientist; the Form I-140 is filed by the employer. Therefore, only the Form I-140 is available for premium processing. The DIS will relay this option to foreign researchers that we will be sponsoring for LPR.
Incidental Patient Contact
The DIS has recently confirmed with the Office of Intramural Research (OIR), OD, that their office must approve ALL incidental patient contact (IPC) requests. Currently, we have been operating under the policy that only NIH-sponsored J-1 Exchange Visitors must be approved by the OIR. However, we have learned that regardless of the visa type or NIH designation, OIR must approve all IPC requests.
To request IPC, the IC must prepare a memo and send to DIS, who will review and forward to the OIR for approval. To prepare the request memo, follow the guidance for the “Four-Point Memorandum” from our web site at http://dis.ors.od.nih.gov/advisories/CERT3.PDF
Although the web site is geared for NIH-sponsored J-1s, you should still follow the format for non-J-1 requests.
Sending items to DIS
The DIS strongly recommends the use of HAND-CARRY when mailing any and all items to the DIS, particularly with cases. We often are contacted by the IC as to the status of a case, but find that our office never received such case! It is often discovered that the case was sent by campus mail, never to be found again. Our office is then placed in an “emergency” situation, as many of these lost cases become time-sensitive.
To avoid such situations, we ask the IC to use hand-carry or another reliable delivery system, other than campus mail. This will ensure that your IC is properly serviced in a timely fashion. Remember: one way to check if a case was received at the DIS is to check our online case status system, the IC View! (see next item)
IC View
As reported in the DIS customer alert dated 07/24/2006, designated IC Key Contacts can check the status of a case by accessing the IC View. As a reminder, the IC View can be found at: https://fsaatlas.ors.od.nih.gov/ICview/
To avoid situations as described in the above item, the IC should regularly check the IC View to ensure that a case was received at the DIS; if any items are missing; or when the case is completed. By actively checking the IC View, you will be better able to track your scientists, thus ensuring that actions, such as renewals, are initiated in a timely fashion.
If you are not a designated IC Key Contact, check with your designated Key Contact for the case status (to find your designated IC Key Contact, go to: http://dis.ors.od.nih.gov/resources/keycon.html; note: the new DIS web site is being updated to reflect the most current listing). If you still wish to have access to the IC View, please have your Senior or Lead Administrative Officer send a request to your DIS Team with your name, email, NIH user name, IC and the lab that you service.
DIS Processing Times
DIS would like to remind the ICs to review our processing times found at: http://dis.ors.od.nih.gov/advisories/techadvis_no01.html
Please take a few minutes to read (or re-read) the guidance and chart. When reading, be sure to note the following:
- The guidance and chart emphasize the amount of time it takes the DIS to process a request in our office and NOT the time that the scientist will actually be in the lab. Do not confuse our processing times with “lead times.”
- Note the different columns that indicate if other agencies are involved in the case processing.
- DIS Processing times do not begin until the request is received in our office.
- Do not hold cases that the IC feels are too early to submit to the DIS. Always send a case as soon as all internal approvals are received, as it could be a complex case that necessitates lengthy processing time.
- Read the section on “Choosing a Realistic Start Date” (http://dis.ors.od.nih.gov/advisories/techadvis_no01.html).
To help illustrate how to read the chart, here is an example:
- An IC submits a request for a new J-1 Visiting Fellow who is abroad. In viewing the first column, it takes our office up to 30 days to process that type of request. HOWEVER, as you continue across the columns, you will see that there could be other levels of approval. In this example, that other level of approval resides with the Department of State (DOS). Although it takes our office 30 days to process this request, it does not mean that the scientist will be in the lab at the end of the 30-day period because he/she also has to apply for a J-1 visa from the DOS (through a U.S. embassy or consulate).
Since we have little control over the processing of other agencies involved, we cannot predict exactly when a scientist will be in your lab, and hence no longer operate under “lead times.” Instead, our chart reflects the normal amount of time it takes DIS to process a particular case based on visa type and other agencies that may be involved.
Please note that the DIS has the right to request a priority memo signed by the SD for cases where the IC is requesting quicker turnaround than what is listed on our chart. When working with your scientists, do NOT advise them to quit their current positions until notified by our office. We find that many ICs initiate a request several months in advance before it is sent to our office. By the time our office receives the case, the scientist has already quit his/her job! For those scientists in the U.S., they face major immigration issues and possible return to their home country to await DIS and other government agency processing. Therefore, always send timely cases and keep the DIS in the loop with complex cases.
Please be sure to share this information with other staff in your ICs who work with foreign scientists. We deeply appreciate your attention to this issue. If you have any comments or suggestions regarding our processing time chart, please send them to Ms. Amy Powers at powersa@mail.nih.gov.
Degree Certification Letter
We would like to remind the ICs of the proper degree requirement for a postdoctoral Visiting Fellow (VF) award. According to the NIH Visiting Fellow Manual Chapter (http://www1.od.nih.gov/oma/manualchapters/person/2300-320-3/), VF awards require evidence of completion of a doctoral degree, such as a Ph.D., M.D., D.D.S., D.M.D., D.V.M. or equivalent degree in a biomedical, behavioral, or related science. Such evidence must be in the form of the actual diploma or certification by a university as meeting all the requirements leading to such a doctorate. The acceptable degree certification language and signer (Dean or Registrar) can be found on the attached sample Degree Certification letter.
Our office is often challenged by degree certification letters that do not explicitly state the items listed on the sample letter or are signed by the Dean or Registrar. To ensure the continued integrity of fellowships and that the VF candidate meets immigration requirements, our office requires hard evidence from the university administration before any immigration documents can be issued. Thus, it is imperative that the wording of these letters and the signer (Dean or Registrar) be followed. Letters signed by Professors, Thesis Committee Members, and Thesis Advisors are not acceptable.
In cases without proper evidence of the degree, we will issue an award letter to the individual advising him/her that the fellowship is contingent upon submitting proper evidence of the degree. Once the proper evidence is received, we can then issue the appropriate immigration documents.
EAD vs. "Green Card"
We have learned that many ICs are confusing scientists who are U.S. permanent residents (a.k.a. “green card” holders) with those who have merely applied for U.S. permanent resident status, but have not yet been approved (a.k.a. adjustment applicants). Some ICs are NOT notifying the DIS of the presence of adjustment applicants in the lab, often mistaking them for permanent residents. Please note that adjustment applicants are NOT U.S. permanent residents. Instead of a “green card,” adjustment applicants receive an employment authorization document (EAD) from the Department of Homeland Security (DHS). Since these individuals are not yet permanent residents, our office must clear them. To help illustrate the difference, we are attaching a sample copy of a Permanent Resident (“Green card”) and a sample copy of an EAD. If your candidate has an EAD, send a timely request to DIS (and check those processing times!).
Fellowship Payroll System
Please include the FPS fellowship number when sending fellowship requests to DIS (both post- and pre-doctoral). This will help ensure that the fellow is approved in FPS at the time of check-in/EOD. Also, verify that you have entered all information about the fellow accurately, particularly the appropriate country code. We often receive inquiries about incorrect country codes that we then have to refer back to the IC for correction.
DIS Retreat
The DIS will be having our annual retreat on October 26-27. Due to this, we will not be available for walk-in advising hours on the afternoon of October 26; Enter-on-Duty (EOD)/check-in hours will also be cancelled on the morning of October 27. We will resume both services on Monday, October 30.
In the event of an emergency (e.g. Department of Homeland Security problem), notify DIS at our normal telephone number, 301-496-6166, and your message will be forwarded to us. In addition, you can also email us at zapatac@mail.nih.gov or powersa@mail,nih.gov.
Tours of DIS
The DIS would like to extend an invitation to IC administrative staff to view the “behind-the-scenes” at DIS. We would be happy to give an informal tour of the office, including what happens to your case once received at DIS.
Current tour dates are scheduled for Monday, November 6, at 2:30 pm, and Thursday, November 9, at 11:00 am. The tour lasts approximately one hour.
Space is limited. If you are interested in registering for one of the above dates, please provide your name, contact information (telephone and email), IC and lab that you service to Ms. Michelle Mejia at mejiam@mail.nih.gov.
