Extensions

J-1 scholars

Your department should start the J-1 program extension request process at least 3 months before the end date on the J-1 scholar's DS-2019. Any request that's submitted after their end date will be denied, and they will have to leave the US within 30 days.

Each J category has a maximum time limit, and your extension request can't exceed the limit for your scholar's category. Limits by category >>

The extension request process is the same as the initial request process.

H-1B scholars

Your department should start the H-1B employment extension request process at least 8 months before the H-1B scholar's I-797 expires.

H-1B scholars can stay in the US for up to 6 years total. Each individual extension request can be up to 3 years.

The extension request is similar to the initial request process.

  1. Contact your ISSS advisor to determine how much time is remaining on the H-1B's six-year limit. 
  2. Complete and gather the required documentation. These will need to be available for uploading when completing the H-1B Position and Wage Information e-form:

    1. H-1B Sponsorship letter. A blank H-1B Sponsorship form  and a sample form are available for download.

    2. Deemed export certification decision tree.

    3. Actual Wage Determination Form. A sample of a complete Actual Wage Determination form is available to assist you in the process.

If the position involves the clinical practice of medicine, the scholar will need these documents when completing the H-1B Scholar Information e-form:

    1. Evidence of an MD or unrestrictured licensure in a foreign state
    2. Medical licensure from the state of Georgia
    3. Results of the USMLE. Steps 1, 2 and 3 (step 3 is not required if their medical degree was earned in the US).
    4. ECFMG certification. This is not required if their medical degree was earned in the US or an English-speaking province of Canada.
  1. Log in to ISSS Link and initiate the H-1B Sponsorship Confirmation form.  The supervisor will complete and submit this form.
  2. Initiate and complete the H-1B Position and Wage Information form selecting  "Extension with no changes”as the type of request. You will need to upload a copy of each document listed above (JPG or PDF). This for may be completed concurrently with the H-1B Sponsorship Confirmation form.  Remember this e-form replaces the previous paper LCA packet.

  3. Once these two forms have been completed and submitted, the administrator may then initiate the H-1B Scholar Information form.

  4. Bring checks for the filing fees to ISSS's office in Suite 130 of the North Decatur Building. Separate checks should be made out to the Department of Homeland Security for these fees:

    1. Form I-129 fee
    2. Form I-539 fee for any dependents (this is only required if the department agrees to pay this fee on behalf of the H-1B scholar.
    3. Premium processing fee (optional)
  5. Once the request is completed, you will be notified by Human Resources that the Labor Condition Application (LCA) will be initiated. Once the LCA has been certified by the Department of Labor, you will be notified that the request has been forwarded to your ISSS advisor for final approval and for filing the H-1B request with USCIS.

  6. ISSS will let you know when we receive an approval notice from USCIS, which can take 6 months.

Once the receipt notice is received by ISSS, you will be notified that the H-1B scholar may remain employed up to 240 days beyond the expiration date on the current H-1B approval notice.

If your department wants to request an extension beyond the 6-year limit, please discuss it with your ISSS advisor.

O-1 scholars

Your department should start the O-1 extension request process at least 8 months before the scholar's O-1 status expires. Please contact Terry Eiesland, associate director of scholar services at ISSS, who will put you in touch with an outside attorney.

O-1 status can be extended in 1-year increments. Although USCIS does not have a maximum length of time that you can stay in O-1 status, in our experience, requests to stay in the US for more than 6 years are scrutinized more closely.

TN scholars

There are 2 options for extending TN status:

  1. Recommended method: have the TN employee return to Canada or Mexico and re-apply for admission to the US in TN status at the port of entry. They will be admitted to the US for up to 3 years. This is the fastest and least expensive option. The scholar will need to bring their passport, diplomas and transcripts, professional license or certification (if applicable), and an employment offer letter. Note that there is a $50 application fee for Canadians, and Mexican citizens will need to apply for a visa beforehand.
  2. Apply for an extension from within the US at least 3 months before their TN status expires. 

If the TN employee cannot return to their home country and will instead apply for an extension from within the US, the process is similar to the initial request process.

  1. Draft another employment offer letter to the prospective TN employee and email it to your department's ISSS advisor for approval. The letter should include:
    1. Job title and corresponding profession, as they appear on the NAFTA list of approved TN professions
    2. Detailed description of job duties
    3. Salary, including benefits and any potential bonuses
    4. Length of employment (no more than 3 years), with a statement that employment is temporary
    5. Hours (e.g. 40 hours/week)
    6. Background info establishing that Emory University is an existing institution, including when it was founded (1915), number of current employees, and projected yearly gross income. Look up current stats >>
    7. Email address for hosting department
  2. Gather the required documentation:
    1. Letter from department head to ISSS requesting the TN. The letter should include the TN's position title, salary, employment dates, description of duties and qualifications required for the position, and how the TN's credentials qualify them.
    2. If the position falls under the Medical/Allied Professional section of the TN professions list, copies of any license or certificate required by the State of Georgia
  3. Log in to ISSS Link and fill out TN Employee Information e-form (find it under Department Services). You will need to upload a copy of each document listed above (JPG or PDF), including the employment offer letter as approved by ISSS. 
  4. Once you submit the reqest, the scholar will need to upload some documentation to ISSS Link as well. You don't need to do anything for this step.
  5. Fill out the TN Information About the University Position e-form in ISSS Link. This is where you select "Extension" as the type of request.
  6. Fill out the TN Supervisor Signature e-form. ISSS Link will guide you through the process for the rest of the Compliance Procedure e-forms.
  7. Bring checks for the filing fees to ISSS's office in Suite 130 of the North Decatur Building. If the employee is traveling back to Canada or Mexico to enter the US in TN status, you don't need to pay these filing fees. Separate checks should be made out to the Department of Homeland Security for:
    1. Form I-129 fee
    2. Form I-539 fee for any dependents
    3. Premium processing fee (optional)
  8. ISSS will let you know when we receive an approval notice from USCIS, which can take 6 months.