Scholars and Employees

• Research scholars may be either hired to a research position as an employee or invited to come to Clark on a self-funded basis to engage in independent research.
• Research scholars may teach at the institution that sponsored their J-1 status; if teaching becomes the primary activity, they may need to switch to the professor category.
• Research scholars cannot be hired to permanent positions (for example, tenure-track faculty).
• The appointment length must be at least three weeks and cannot exceed five years.

• This category is used to hire individuals for temporary, non-tenure-track teaching positions.
• Individuals in this category may also conduct research; if research becomes the primary activity, they may need to switch to the J-1 research scholar category.
• The appointment length must be at least three weeks and cannot exceed five years.

• Short-term scholars are professors, research scholars, or persons who travel to the U.S. for short-term visits to lecture, observe, consult, train, or demonstrate special skills.
• The J-1 program for a short-term scholar does not have a minimum length but cannot be more than six months.

• Report to the ISSO upon arrival
  • You must check in by completing the “Submit Arrival Documentation” form in the ISSO Portal. The ISSO will schedule your J-1 Scholar Orientation, which is required by the U.S. Department of State for all J-1 Exchange Visitors.
• Pursue the J-1 program objectives indicated on your Form DS-2019
  • Your status as a J-1 scholar is valid only as long as you are pursuing your J-1 program objectives as outlined on your Form DS-2019. See the J-1 Scholar Employment section below for more information about what is allowed.
• Maintain valid immigration documents while in the U.S.
  • While in the U.S., you must always have a valid passport. Please contact your consulate or embassy to request an extension or new passport.
  • Your DS-2019 — your J-1 visa documents — must also have an end date that is unexpired. It may be possible to extend your DS-2019 if you need additional time to complete your program. Please see details below.
• Update your U.S. residential address and contact information with the ISSO
  • You must report any changes to your U.S. residential address, telephone, and email to the ISSO within 10 days of the change.
• Maintain valid J-1 health insurance for yourself and any J-2 dependents
  • Find detailed information regarding the minimum requirements on the International Center’s health insurance information page.

J-1 Scholars may need to travel during their time at Clark. Please visit the Center’s travel page for more information.

• If you are a J-1 scholar and need additional time to complete your program objectives, you may be eligible to request an extension of your J-1 status through the maximum duration of eligibility for your category.
• Extensions will not be granted if the expected time needed for your activities will take you beyond the maximum duration for your specific category (five years for J-1 research scholars and professors; six months for J-1 short-term scholars).
• To request an extension, contact your supervisor at least three months before your DS-2019 expires. Your department will initiate the process through the ISSO portal.
• If you are self-funded, you will need to submit new financial documentation to demonstrate your ability to support yourself and any J-2 dependents for the extension period.

• If you are a J-1 scholar and plan to leave your program at Clark and pursue a similar program at another institution, you may be eligible to request a transfer of your J-1 sponsorship.
• The transfer must be coordinated between Clark and your new institution.
• If you intend to transfer your J-1 sponsorship, you are still limited to the maximum duration of eligibility for your category. For example, if you were at Clark as a J-1 research scholar for a period of three years, and plan to continue your research scholar program at another institution, your new institution can sponsor you for a maximum of two years since the maximum eligibility for a J-1 research scholar is five years.
• Please use the ISSO Portal to initiate the transfer process.

• Your J-1 scholar status ends when your DS-2019 expires or when you complete your program objectives, whichever comes first. If you complete your program objectives more than 15 days before the expiration of your DS-2019, contact the ISSO. The ISSO will need to update your J-1 SEVIS record and issue a new DS-2019 with an updated program end date.
• Once your program ends, you have a “grace period” of 30 days to prepare for departure from the U.S. The grace period ends automatically once you leave or at the end of the 30th day, whichever comes first. Please note that you cannot work during the grace period.
• If you need to end your program due to unforeseen circumstances such as illness, personal issues, loss of financial support, or other reasons, please schedule an appointment with an ISSO adviser.

• If you are a J-1 scholar, your Form DS-2019 should indicate your sponsoring Clark department as your primary site of activity. Your DS-2019 also will indicate the salary from Clark you are expected to earn for the duration of your J-1 program. You are permitted to engage in employment only for the Clark unit listed as your primary site of activity.
  • For example: If you are a research fellow in Chemistry you are permitted to engage in research in the Department of Chemistry. If you happen to speak French and are asked to teach a course at Clark for the Language, Literature, and Culture Department, that would not be allowed.
• Authorization for Occasional Lectures and Short-Term Consultation
  • During your time in the U.S., you may be asked to visit other universities or organizations to consult or give guest lectures. This type of activity usually can be authorized by the ISSO.
  • The activity must be “occasional” and “short-term,” which generally means that the events or activities are one-time or very limited in number and not ongoing.
  • The organization paying you must consider you an independent contractor providing limited, short-term services and not as an ongoing employee.
  • Occasional lectures or short-term consultations should not interfere with or delay your ability to pursue and complete your primary J-1 program goals and objectives.
  • To request authorization for an occasional lecture or consultation, you must complete the Permission to Consult/Lecture Request on the ISSO Portal at least 10 business days before the start of your activity.
  • Upon receipt and review of the request, the ISSO will determine if the activity qualifies for employment authorization. If it does, the ISSO will update your SEVIS record with the new site of activity and issue a letter authorizing you to engage in the activity.
• Adding Sites of Activity taking Place at Outside Institutions
  • Activities at outside institutions that may be longer in duration may or may not be permitted depending on different conditions and circumstances.
  • Ideally, you must make requests to include an additional site or sites of activity outside of Clark before starting your J-1 program at Clark, so it may be included in your J-1 program in advance.
  • Requests received after you have already started your J-1 program will only be approved in exceptional circumstances, and require the recommendation and support of your sponsoring department at Clark.
  • A second site of activity at an outside institution will be added to your J-1 program only if the following conditions apply.
    • Your primary site of activity must still be your Clark department, with the majority of your time being spent at Clark.
    • The activity’s goals and objectives are substantially the same as the activities you are undertaking at Clark (e.g., if you are a research scholar, you will be doing research in the same field at both Clark and the outside institution).
    • Your activities at the outside institution will not cause a delay or disruption to your ability to meet your primary goals and activities at Clark.
    • Your activities at the outside institution will not be administrative in nature or involve an offer of permanent employment.
    • Your activities at the outside institution will help to facilitate the goals of educational and cultural exchange.
  • To request a second site of activity, you must do the following.
    • Obtain a written letter from the second site detailing the nature of your activities (including dates, location, duration, number of hours, a description of the activity and subject area, and compensation, if any)
    • Obtain a letter from your Clark supervisor confirming that the proposal for a secondary activity has been reviewed and that the following are true.
      • Your sponsor supports your participation on the grounds that the new activities would help you to achieve the educational and cultural objectives of your Clark program.
      • The activities at the second site are substantially in the same subject area/field as your original program.
      • Participating in an ongoing activity at a second site would not delay or disrupt your ability to achieve your primary J-1 program objectives at Clark.
      • These documents must be submitted through the ISSO Portal with your initial request for J-1 sponsorship from Clark, or at least two weeks prior to beginning any activity at your new site.

• Repeat Visitors
  The J-1 Exchange Visitor regulations have provisions that limit the ability of research scholars to engage in repeat visits to the U.S. using the J-1 program. The 12-month and 24-month bars are special restrictions on persons who are interested in coming to the U.S. as J-1 research scholars or J-1 professors. These bars impose a waiting period on eligibility for J-1 research scholar or J-1 professor status, depending on the individual’s prior immigration history.
• The 12-month Bar on Initial Participation
  This restriction prevents anyone who was in the U.S. for more than 6 months in the previous 12-month period to enter the U.S. on a J-1 research scholar or J-1 professor program.
  • Example: You were in the U.S.  as a J-1 student in a program that lasted two years. Following completion of the J-1 student program, you would not be eligible to return to the U.S.  as a J-1 research scholar or J-1 professor until 12 months after the completion of your student program.
• The 24-month Bar on Repeat Participation
  This restriction applies ONLY if you were in the U.S.  previously as a J-1 research scholar or J-1 professor. Under this requirement, you cannot return to the U.S. to participate in a new J-1 research scholar or J-1 professor program until 24 months have passed since the completion of your previous program.
  • Example: You were in the U.S.  as a J-1 research scholar in a program that lasted two years. Following completion of the J-1 research scholar program, you would not be eligible to return to the U.S. in a new J-1 research scholar or J-1 professor program until 24 months after the completion of your previous program.
• If you are planning to come to the U.S.  as a J-1 research scholar or J-1 professor and have had previous J-1 experience, talk to an ISSO adviser about possible limitations created by these bars.

• 212 (e) Home Residency
  For more information, visit 212 (e) Home Residency page for J-1 students
• Adding J-2 dependents
  For more information, visit J-2 dependents page for J-1 students

As an H-1B temporary worker, you are responsible for understanding how to maintain valid H-1B status. Please read through the information below and contact the ISSO if you have any questions.

• Maintain valid immigration documents while in the U.S.
  • At all times, make sure your passport remains valid for at least six months into the future. Contact your consulate or embassy to request an extension or new passport.
  • Check your I-94 admissions record (print your I-94) or I-797 approval notice to make sure your H-1B status expiration date is in the future. Contact the ISSO if your H-1B status will expire in six months or less.
• Notify USCIS and Clark within 10 days of any changes to your U.S. address
  • Report any changes to your U.S. residential address to the U.S.  Citizenship and Immigration Service (USCIS) within 10 days by downloading and completing Form AR-11, which may be filed using either the paper or online format.
  • Update your address and contact information with Human Resources and with the ISSO.
• Do not accept outside employment
  • As an H-1B worker sponsored by Clark, you are only allowed to work in the position for which your H-1B was sponsored.
  • If you receive an offer for employment from an outside employer, your other employer must submit their own H-1B petition to request employment authorization for you.
• Contact ISSO before accepting any changes to your H-1B employment
  • H-1B status is specific to your employer and position, so any material changes to your employment — such as a change to your department, job title, job duties, hours, or plans to take a leave of absence — must be reviewed in advance by the ISSO.
  • Depending on the change, the ISSO may need to file a petition with USCIS to amend or update your employment authorization before your employment changes can take place.
• Travel using your H-1B visa and I-797 approval notice
  • You may be able to travel outside of the U.S. while in H-1B status. Please check the International Center’s Travel page for more details.
  • While working at Clark as an H-1B employee, travel only using your H-1B visa and I-797 approval notice from Clark (note that Canadian citizens are not required to have visas).
  • Make sure you leave the U.S. before the expiration of your H-1B status or ask your department to submit an H-1B Extension Request in the ISSO Portal at least six months before your H-1B  visa expires. Please see below for more information on extending your H-1B status.
• If you have any questions about when your H-1B status expires, contact the ISSO.

• If you are employed as an H-1B temporary worker and your current authorization will expire before your employment at Clark is expected to end, you must talk to your department so they can initiate an H-1B extension process for you. The process for requesting an H-1B extension is similar to the process for an initial H-1B authorization; in both cases, your department must request H-1B authorization on your behalf using the ISSO Portal.
  • H-1B Extension Eligibility
    • You are eligible for an extension of your H-1B status if your current H-1B status is valid and you will remain employed in a specialty occupation (a position requiring specialized knowledge and skills) with your Clark department.
    • H-1B regulations allow H-1B status to be granted up to a maximum of six years, but in increments of no more than three years at one time.
    • Some individuals who are in the process of applying for U.S. permanent residence may be eligible for extensions beyond the sixth year.
  • Steps to Extend H-1B Employment Authorization
    • Department initiates extension petition with the ISSO
      • Once it is determined that an extension petition is necessary, your department will need to initiate the extension process through the ISSO portal.
      • The ISSO will obtain the required documents from your department and contact you to update any required information to complete the extension petition.
      • It is important to start this process at least 4 months before your H-1B visa expires.
    • ISSO files paperwork with the Department of Labor (DOL)
      • Prior to filing the H-1B petition with the U.S. Citizenship and Immigration Services, the ISSO needs to file a Labor Condition Application (LCA) with the DOL.
      • A copy of the approved LCA is included with the H-1B petition and a copy will be given to the employee as well.
    • ISSO submits the extension petition to USCIS
      • After working with you and the department to compile all of the necessary documents, the ISSO will submit your H-1B extension.
      • Your extension petition must be received by USCIS no earlier than six months before and no later than the last day of your current H-1B status.
      • Once your extension is received and receipted by USCIS, your H-1B employment authorization is considered temporarily extended for 240 days while the application is processed. This temporary extension allows you to remain in the U.S. and continue your employment.
    • USCIS approves the extension petition
      • Once USCIS approves the petition, they will send an I-797 Approval Notice to the ISSO.
      • The approval notice will indicate the dates of your H-1B employment authorization extension.
      • You will need to present the approval notice to Human Resources.
  • Important Issues to Consider
    • Travel during USCIS Processing
      • Once the ISSO has submitted a petition to USCIS to extend your H-1B authorization, it is essential that you do not travel outside of the U.S. while the extension petition is being processed by USCIS. If travel is required for business or personal reasons before USIC approves your H-1B extension, you must consult with your ISSO adviser so that a travel plan can be developed in consultation with you and your department.
  • Post-Approval Travel and Visa Renewal
    • After your extension is approved, you may need to apply for a new H-1B entry visa at a U.S. consulate if you plan to travel outside the U.S. The USCIS extension approval only extends your ability to stay in the U.S. and continue your employment. You must still obtain a valid visa in order to return from any international travel.
  • Persons with Pending Permanent Residence Petitions
    • If you are in H-1B status but also in the process of applying for U.S. permanent residence (whether through Clark or independently of Clark), please discuss your options for continued employment and travel with the ISSO.
  • Extending H-4 Dependent Status
    • If you are accompanied by H-4 dependents, as a courtesy, the ISSO will submit the H-4 extension forms with the H-1B petition. However, it the responsibility of the employee to prepare the forms and provide all necessary filing fees.
    • Note: Each H-1B employee and their H-4 dependents are responsible for taking the appropriate steps to maintain and extend dependents’ H-4 status. The ISSO is not responsible for the accuracy of dependents’ petitions. For more information regarding H-4 eligibility and extension requirements, refer to our H-4 Dependents section.

The information in this section is provided to assist H-1B employees and their dependent family members in understanding the benefits and limitations of H-4 dependent status. Please note that H-1B employees have the responsibility to obtain and ensure immigration compliance for any dependents in H-4 status. The ISSO can provide general advice or refer you to an immigration attorney for assistance on specific matters relating to the legal affairs of family members.

• H-4 Status
  • H-1B employees can request H-4 status for their legal spouse and/or dependent unmarried minor children under the age of 21.
  • Dependent children lose H-4 status when they get married or turn 21, whichever comes first.
  • Since H-4 status is based on the principal H-1B employee’s status, dependents lose H-4 status if the employee ends or otherwise ceases to maintain valid H-1B status.
• H-4 Study and Employment Benefits
  • Dependents in H-4 status are permitted to study while in the U.S., either part-time or full-time.
  • H-4 dependents are not allowed to work while in the U.S.
  • Certain H-4 spouses may be eligible to apply to the U.S. Citizenship and Immigration Service (USCIS) for H-4 employment authorization. Employment authorization is typically available only if the principal H-1B employee is at an advanced stage of the U.S. permanent residence process.
• Obtaining and Extending H-4 Status
  • For more information on bringing your dependents with you to the U.S., please see visit Coming to Clark
  • If Clark is submitting an H-1B extension on your behalf, the ISSO is able to include Forms I-539 and I-539A and filing fees for your dependent(s) as a courtesy.
    • Please note: The ISSO is not responsible for reviewing H-4 change-of-status or extension-of-stay applications that are included in the H-1B employee petition. It is the sole responsibility of the employee to complete the forms and ensure the accuracy of the dependent H-4 applications.