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Untitled Document
The Samuel Roberts Noble Foundation, Inc. ("Foundation")
sponsors aliens in three immigrant visa classifications; J-1, H-1B and
Trade Nafta ("TN"), for employment purposes. An "alien"
is any person who is not a citizen or national of the United States ("U.S.").
The Foundation will only support members of the Foundation's scientific
faculty in permanent residence applications.
The Foundation has full discretion in determining the visa classification
in which to sponsor an alien and has no obligation to file a petition
based on personal preferences. For example, an alien may prefer the H-1B
to the J-1, but the Foundation makes the decision as to which classification
will be applied for on the alien's behalf. The Foundation reserves the
right to decline to file a petition or an extension of stay on behalf
of an alien.
A J-1 visa application ("DS-2019") is the Foundation's first
consideration for an alien seeking employment. Generally, if a DS-2019
is denied, or the Foundation is somehow barred from pursuing a J-1 due
to immigration policy or procedure, the Foundation would then consider
an H-1B.
Program Designation
The Foundation is designated as an Exchange Visitor Program Sponsor by the
U.S. Department of State for J-1 visas. The program is managed through the
Student Exchange Visa Information System ("SEVIS"). Designated
officers responsible for administration of the program are: |
- M. Teal Pemberton, Director of Human Resources, Responsible Officer
("RO")
- Jane Nance, Employment and Immigration Coordinator, Alternate Responsible
Officer ("ARO")
All employer sponsored immigration applications are processed through
the Foundation's Human Resources department. Third-party immigration attorneys
are retained by the Foundation to assist with some visa applications.
Description of Visa Categories
J-1 Visa: Exchange Visitors
This classification is issued to sponsor students and research scholars
who come to teach, study, conduct research, observe, or receive training
in an exchange visitor program designated by the U.S. Secretary of State.
The Foundation is approved to use only the Research or Short-term Scholar
categories.
Research Scholars are permitted to enter the U.S.
to engage in teaching, research, observing, lecturing, or consulting
at research facilities, museums, libraries, post-secondary accredited
educational institutions, or other similar institutions. J-1 status
under the Researcher Scholar category is initially granted for up to
three years, with a possible six-month extension allowed. Five-year
J-1 visas are expected to become available in the near future.
A Short-term Scholar is a professor, research scholar,
or person with similar education or accomplishments who comes to the
U.S. on a short visit for the purpose of lecturing, observing, consulting,
training, or demonstrating special skills at research institutions,
museums, libraries, post-secondary accredited educational institutions,
or similar types of institutions. The maximum stay for a Short-term
Scholar is limited to six months. No extension of stay is permitted.
H-1B Visa: Specialty Occupation
The H-1B visa classification is open to aliens seeking to enter the U.S.
for the purpose of working in a "specialty occupation." The
term "specialty occupation" is defined as an occupation that
requires a theoretical application of a highly specialized body of knowledge;
and the attainment of a bachelor's or higher degree (or its equivalent)
in the specific specialty as a minimum for entry into the occupation in
the U.S.
H-1B status is granted for an initial period of stay up to three years
with extensions allowed with the cumulative duration being six years.
In certain situations, there may be a seventh year extension or more.
TN Visa: North American Free Trade Agreement ("NAFTA")
Using the TN visa, Canadian and Mexican citizens in certain professions
may enter the U.S. to work for a U.S. company on a temporary basis. In
order to qualify for TN status, the intended U.S. activity must be in
a profession listed in Appendix 1603.D.1 of NAFTA and the applicant must
possess the required credentials to be considered a professional. The
TN is renewable every year provided that the stay remains temporary in
nature.
Permanent Residence
Permanent residency in the U.S. allows for an alien to live permanently
in the U.S. as long as certain rules are followed and may allow for the
filing of U.S. citizenship.
Visa Application Procedure |
| J-1 Visa |
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A DS-2019 is prepared by the RO or ARO at the request of the supervisor
and processed through SEVIS. This request can only be honored after an authorization
to hire has been approved and a formal offer has been accepted. Once the
RO or ARO receives the DS-2019 it will be mailed to the alien and then the
alien must take the form to the U.S. consular's office for final approval.
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| J-1 Visa Expenses |
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The Foundation will pay for all requisite attorney fees and related
filing and flat expense fees for a J-1 (or subsequent extension), on behalf
of an alien.
The employee is responsible for any and all expenses associated with
family members named on each J-1 petition.
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| H-1B Visa |
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Upon initial hire, if a J-1 is not a viable option for an alien, the
Foundation will consider sponsoring the alien on an H-1B.
Aliens currently employed by the Foundation and sponsored on a J-1 may
be renewed on an H-1B in limited situations and with the approval of the
appropriate Division Director. The alien must have exhausted their time
on the J-1, and their continued employment is necessary to complete their
projects. It is the alien's responsibility to obtain a waiver of the two-year
home residency requirement before an H-1B petition can be initiated. Once
a request for a waiver has been made, an extension of the J-1 cannot be
processed.
A supervisor for an alien in valid F-1 status, with Optional Practical
Training ("OPT") in effect, and who possesses a valid Employment
Authorization Document ("EAD"), should request the Human Resources
department to process an H-1B within six months of the expiration of the
EAD, to avoid a lapse in eligibility and break in employment.
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| H-1B Visa Expenses |
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The Foundation will pay for all requisite attorney fees and related
filing and flat expense fees (with the exception of premium processing
fees) for an H-1B and subsequent renewals. The alien will pay the premium
processing fee if it is necessary to expedite the H-1B.
The alien is responsible for any and all expenses associated with family
members named on the H-1B petition.
An alien who leaves the Foundation within the first twelve months of
their Foundation sponsored H-1B initial or renewed status, will reimburse
the Foundation one-half of the incurred attorney fees.
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| TN Visa |
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A TN eligible individual may make an initial application for TN status
at a class port-of-entry or pre-flight inspection station. An alien already
admitted in TN status may file a petition with the Nebraska Service
Center to change to another TN employer, to add an additional TN employer,
or to request an extension of a TN. The supervisor of an alien in valid
TN status must make a timely request for preparation of an employment verification
letter in anticipation of the alien crossing the U.S. border.
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| TN Visa Expenses |
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The Foundation will pay for all requisite attorney fees and related
filing and flat expense fees for a TN (or subsequent extension), on behalf
of the alien.
The alien is responsible for any and all expenses associated with family
members named on the TN petition.
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| Permanent Residence |
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The Foundation will provide financial support to alien members of
the scientific Faculty seeking permanent residency. The Foundation will
reimburse the alien up to $5,000.00 for documented attorney and application
filing fees. Itemized receipts must be provided and approved by the Human
Resources department before reimbursement can be made.
The alien must retain their own attorney to process their permanent residency
application. If requested, the Human Resources department will provide
contact information of qualified immigration attorneys, but is not responsible
for the quality or outcome of the alien's selection.
The Human Resources department will provide any necessary documentation
to assist with the application process, but will do so on the advice of
counsel. Ultimately, it is the responsibility of the alien to provide
the necessary documents to the attorney of record.
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Additional Information:
Each alien is required to fill out an AR11 form when they have a change
of address. This form is available on the United States Citizenship and
Immigration Services (USCIS) website. http://uscis.gov/graphics/formsfee/forms/
It is the alien's responsibility to submit the form to USCIS and provide
the Human Resources Department with the updated information.
Questions regarding the Foundation's immigration services should be addressed
to:
The Samuel Roberts Noble Foundation, Inc.
Attention: Human Resources Department
2510 Sam Noble Parkway Ardmore, Oklahoma 73401
580-224-6230 (phone)
866-223-5810 (toll free)
580-224-6240 (fax)
nfhr@noble.org |
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