Keycon-L Alert for December 29, 2006
Foreign Contract Workers
As many of you are aware, our office presented at a recent Scientific Director’s meeting to note the need to notify DIS of foreign contract workers (researchers) that work in your IC. This notification can be done via a spreadsheet; the parameters have already been issued through Ms. Linda Adams, OD/OIR. The OIR/OD policy requiring notification to our office can be found at http://www1.od.nih.gov/oir/sourcebook/irp-policy/contractproposal.htm
We would like to stress, however, that this list is only for foreign contract workers. Other types should NOT be included on the spreadsheet. This includes requests for Special Volunteers, Guest Researchers, Professional Service Contacts, Visiting Fellows and FTEs. The ICs must still send a formal request to our office for processing. For paperwork requirements, go to our checklists (second group of items) found here: http://dis.ors.od.nih.gov/forms/01_forms.html
Modification to Visiting Fellow early term policy
At another Scientific Director’s meeting, it was voted to modify the existing VF term policy (located at ). The current policy notes that a decision to terminate should be given to the Visiting Fellow 11-12 months in advance. The policy change adds that if the 11-12 month notification is NOT made to a Visiting Fellow during his/her third year as a J-1, then the IC should offer a terminal 6 month extension. Although the OIR Sourcebook has not yet been updated to reflect the change, OIR has advised that this change is now in effect. Attached is a copy of the modified version (see section 3; the added sentence is highlighted in red).
J-1 Renewals/Five Year J-1 Visa
The Department of State recently issued regulations that implement a change to the Exchange Visitor (J-1) program. Specifically, it changed the rules and regulations that impact the J-1 Research Scholar category, the primary category used at the NIH. Two particular changes are of importance to our program. The first is that the length of stay for a Research Scholar was changed from three years to five years (This was initially reported in a DIS alert from July 7, 2005—yes that long ago!).
Given this change, we no longer require the full documentation for 4th/5th year J-1 renewal requests that is noted in our Technical Advisory 11. Starting January 2, 2007, the IC should submit a basic renewal request as they would for a second or third year renewal (refer to item 7 of this alert regarding our new Renewal/IC Transfer checklists). This means that no checks (4/5th year extension fee) or special memos need to be prepared by the IC (comparable to IRTA/CRTA 4th/5th year procedures)! The new regulation allows you to request just a 4th year or both a 4th and 5th year.
When submitting J-1 renewal requests to the DIS (for both renewals up to the third year and 4th/5th year requests), please follow a suggested 60-90 day lead time. We caution the ICs not to send cases too early. J-1 extensions are based on program needs, meaning that there is a foreseeable need to continue the J-1’s training. It is often difficult to justify an extension more than four months in advance, because theoretically, the J-1 could very well complete his/her training within the next four months. Therefore, we ask that all J-1 renewal requests be sent to us about 60-90 days before the scientist’s current NTE date.
This change in the length of stay also brings certain conditions to the program. An important condition—the major second change—is a 24-month bar on repeat participation. This means that once a J-1 Research Scholar has ended his/her J-1 program (even if the program was for one day), then that individual cannot return to the United States as a J-1 Research Scholar at any institution until two years from the program end date. This bar, however, only applies to those who completed their programs in November 2006 or later. An example of those affected by this change are pre-doctoral Visiting Fellows sponsored by the NIH as J-1 Research Scholars. Once they complete their pre-doc fellowship, they will have to wait 24 months (two years!) before being eligible to return to begin any post-doctoral training.
We advise the ICs to carefully determine the appropriate amount of time truly necessary for the pre-doc, as we may be able to use the J-1 Short-term Scholar category for their fellowship (short-term scholar, however, limits the J-1 duration to a maximum of six-months). Alternatively, the IC may prefer to defer the pre-doc fellowship to reserve the J-1 for post-doc training time. The IC must examine the amount of time necessary for the training and discuss this with their DIS Team.
Passport Requirements for travel within North America
Effective January 23, 2007, citizens of the U.S., Canada, Mexico and Bermuda must present a valid, unexpired passport to enter the U.S. when traveling by air from any part of the Western Hemisphere. Such individuals were previously exempt from needing a passport, but this benefit ends January 22, 2007. We ask that you please remind your affected scientists, particularly those from Canada, that they must present a passport if they travel to the U.S. by plane.
Note that this rule does not include travel by sea or land/border crossing. HOWEVER, passport requirements for sea and border crossings will most likely be implemented by January 2008.
Retirement of old DIS database
As reported in prior DIS customer alerts, designated IC Key Contacts can check the status of their cases by accessing the new DIS case status check system, called the “IC View”: https://fsaatlas.ors.od.nih.gov/ICview/
The new IC View has taken the place of the old “Key Cons log” (as it was referred to). The old system (utilized via the NIH silk server at: http://silk.nih.gov/SECURSLK/isbkcons) was recently updated for the final time on December 6 and is being retired as the DIS’s primary database of active and pending foreign scientists. It will remain a historical/archival database of foreign scientists, but will no longer be updated. The IC View is now the sole source to obtain information on active/pending foreign scientist cases.
Access to the old “Key Cons log” web page will be eliminated in the near future. We recognize, however, the value of the reports (e.g. number of scientists in your IC) that have been available on this site. The IC View will be enhanced in the future to offer such reports. In the interim, if an IC needs a report, the designated Key Contact must send a written request to Mr. Brian Daly at dalyb@mail.nih.gov. The request should specify *exactly* what is needed; the purpose of the information (why it is needed); and the date the information is due. The IC should allow a reasonable time for review and processing of the request.
If you feel that there is an imperative need for you to retain access to the “Key Cons log,” please contact Brian at dalyb@mail.nih.gov. You will need to provide Brian with your name and IC, as well as your purpose for wishing to retain access to the “Key Cons log” web page. Your Scientific Director must endorse this request. Please remember that this system will only contain historical information.
Home addresses on Renewal Requests
DIS would like to remind the ICs to enter current information on requests forms, particularly the scientist’s home address on renewal requests. More often than we would like, “current” home addresses listed on renewal packages are outdated and/or incorrect. We believe this is due to some ICs simply copying the address used on a prior request form (based on our comparisons of the new and old forms). These addresses are then entered into our database as “current,” deleting the actual current address.
We stress the importance that our database maintains the current address since this is an immigration requirement. Failure to maintain the correct address is an immigration violation that we do not want to risk. Your attention to this important requirement is appreciated.
DIS Checklists for Renewal/IC Transfer Requests
The DIS has recently added a series of new checklists to our forms page: Renewal/IC Transfers checklists! We have also slightly amended the current checklists for new cases.
We encourage you to use these lists when putting together packages for the DIS. You can find them at: http://dis.ors.od.nih.gov/forms/01_forms.html (see the second group of items).
Reminders
NIH NOS Waiver policy: The policy does NOT allow us to comment favorably on a waiver based on a job offer with an NIH contractor (such as ORISE). We see that ICs neglect this point and then have to scramble for an FTE to retain the individual at the NIH. You can find the NIH NOS requirements to support a waiver at http://dis.ors.od.nih.gov/pdf/nihnoswaiverpolicy.pdf
Lab/Branch location: Immigration regulations require us to list the current work site on all immigration documents and to update the location when a move occurs. Therefore, it is imperative that precise lab/branch locations be listed on the request forms. Please do not simply “guess” as to where the scientist may work.
IC Transfers: As indicated on the new Renewal/IC Transfer checklists, all transfers to a new lab within the NIH must be approved IN ADVANCE by our office. Immigration regulations require such changes to be updated; it is important that the appropriate paperwork be sent to us in a timely manner.
Promotions/Changes in Designations: As with IC transfers, the DIS must also approve changes in designation IN ADVANCE, e.g. Visiting Fellow to Research Fellow (VP) or Research Fellow (VP) to Staff Scientist (VP). This is also an immigration requirement, as we must notify the Department of Homeland Security (DHS) through the appropriate channels.
Termination Notices: Please remember to send completed and signed termination notices to the DIS. Failure to do so may cause us to inadvertently end a scientist’s lawful stay in the U.S.
International Travel: If you know of a foreign scientist that will travel internationally, please ask him/her to notify our office before departing the U.S. This is particularly important for NIH-sponsored J-1 Exchange Visitors, as they must have a travel validation signature from the DIS in order to re-enter the U.S. Upon return to the U.S. and NIH, please also remind your scientist to send us a copy of his/her new admission card (known as the Form I-94, Arrival/Departure Record). We must check to ensure that the scientist was admitted in the proper status for the necessary amount of time.
