International Scholar Request Process

The J-1 Exchange Visitor Program promotes mutual understanding between the people of the US and the people of other countries by means of cultural and educational exchange. Departments interested in hosting a new J-1 exchange visitor should follow the request process below at least three months before a scholar's anticipated start date. This process should also be followed if a department is requesting an extension to a current scholar's J-1 program or wanting to revise a scholar's DS-2019.

J-1 Scholar Request Process

1. Select the right J-1 Category
   • Contact the department's assigned ISSS advisor for help.
      

2. Pre-Start the J-1 Scholar in PeopleSoft

   • The EMPLID is required for J-1 scholar form completion.
   • Use one of the following appointment titles and job codes.
     • These are the only titles and codes appropriate for J-1 scholars – whether paid or unpaid.
     • ISSS provides instructions on pre-starting "NOC – Volunteer – No Pay" scholars in Peoplesoft.
   • For specific appointment descriptions, please contact the appropriate Dean's office as they may vary by school.
      

   Job code	Appointment title
   9903	Post Doctoral Fellow
   9273	Visiting Assistant Professor
   9272	Visiting Associate Professor
   9278	Visiting Fellow
   9277	Visiting Instructor
   9279	Visiting Lecturer
   9271	Visiting Professor
   9318	Visiting Scholar
   9317	Visiting Scientist

    

3. Verify the Scholar's English Language Proficiency
    
   • As part of the J-1 request form, the department administrator is required to upload documentation showing the scholar's English fluency.
   • The US Department of State gives three options:
     • Signed documentation from a non-Emory academic institution or English language school (Download an evaluation template letter);
     • A documented interview by Emory’s hosting department with the J-1 exchange visitor, either in person or by video conference
       (Download an interview evaluation template); or
     • A recognized English language test
       • Test options: TOEFL, IELTS or Pearson.
       • Acceptable minimum scores:

4. Gather the Required Documentation
   
   The following documents (JPG or PDF) must be uploaded to the J-1 Scholar Request form in ISSS Link.
   Translations: Any documents in a foreign language must come with an English translation and a certificate of accuracy (PDF).
    
   • Supervisor's Invitation Letter to the Scholar
     • ISSS recommends departments use ISSS' J-1 Scholar Invitation Letter template
     • The letter must be printed on department letterhead and include the following:
       • The prospective J-1 scholar's name
       • Dates of the visit (start and end date)
       • Objective of the visit (note: clinical or patient care/contact is not appropriate)
       • Site/location at Emory University (note: must be on Emory's Atlanta campus)
         • Other Sites of Activity: All J-1 scholars should conduct their activities at Emory. In very rare circumstances, a J-1 activity might occur at a non-Emory site. This is only permitted if ISSS approves the non-Emory site in advance and issues an updated DS-2019. J-1s cannot be at a site that has not been reported in SEVIS to comply with federal regulations.
       • Funding arrangement details (if not funded by Emory, clearly state so and indicate source(s) of funding)
       • If applicable, any fees assessed by the department/school
       • If applicable, any benefits or provisions provided by the department
          
   • Proof of Financial Support in US Dollars
     • The J-1 Exchange Program requires that program sponsors establish minimum funding requirements for hosting J-1 scholars and J-2 dependents. Before issuing a DS-2019, ISSS is required to collect funding documentation that meets or exceeds the minimum requirements. Visit ISSS' J-1 Scholar Minimum Funding Requirements page for more information and current minimums.  
     • Although this J-1 scholar may be funded by a non-Emory entity, they cannot perform services for a non-Emory entity (including overseas entities) while in the US in J-1 status.
     • Acceptable documents:
       • If the scholar is fully funded by Emory, submit a letter of offer from Emory stating the annual salary and the period of offer.
       • If the scholar is fully or partially funded by an organization other than Emory, submit a funding letter in English from the organization stating the annual funding amount and the period of funding.
       • If the scholar is fully or partially funding themselves, submit a recent letter in English from their bank stating the funding amount that is available in their checking or savings account.
       • If the scholar is fully or partially funded by a family member or a private sponsor submit the following:
         • A recent letter in English from the funding sponsor's bank stating the funding amount that is available in their checking or savings account.
         • A financial sponsorship letter from the financial sponsor. ISSS recommends using our Financial Sponsorship Letter template.
            
   • Proof of English Language Proficiency
     • See above for list of acceptable documents.
        
   • Dean's Clearance Memo (Rollins School of Public Health and School of Medicine Only)
     • These schools require written approval from the school's dean to host a J-1 scholar.
     • ISSS recommends using the appropriate template below.
       • RSPH Dean's Clearance Memo
       • SOM Dean's Clearance Memo
          
5. Initiate the J-1 Scholar Request Form
    
   • Log into ISSS Link, navigate to the Departmental Services tab, and under Tasks, click on J-1 Scholar Request.
   • The J-1 Scholar Request consists of three separate forms (the first two forms may be completed concurrently):
     • J-1 Supervisor Confirmation
       • Initiated by the department administrator and completed by the supervisor.
       • If, in the completion of this form, the supervisor determines the scholar will have incidental patient contact, the supervisor will need to complete the Incidental Patient Contact Letter. This letter needs to be signed by both the supervisor and the dean/dean’s designee.
       • Once it is signed by both parties, the letter is given to the department administrator to upload in the second form (the Department Request for J-1 Scholar form).
     • Department Request for J-1 Scholar
       • Completed by the department administrator only.
     • J-1 Scholar Information
       • Only becomes available once the J-1 Supervisor Confirmation form and Department Request for J-1 Scholar forms are completed.
       • Initiated by the department administrator and completed by the J-1 scholar. 
          
6. Wait for ISSS to Process the Request and Issue the DS-2019
    
   • Once the three forms are completed and all documentation is uploaded, processing takes up to 10 business days.
   • The department's assigned ISSS advisor will notify the department administrator by email when the DS-2019 and pre-arrival packet are ready.

H-1B status is used for people who will perform services in a specialty occupation on a temporary basis. At Emory, it can be used to bring faculty, researchers or other highly specialized professionals to the US. Departments interested in hiring a new H-1B temporary worker should follow the request process below at least eight months before the prospective employee's anticipated start date. This process should also be followed if a department is requesting an extension or an amendment to a current employee's H-1B.

Resource: View the H-1B Toolkit for video presentations on how to complete the following steps. The H-1B Toolkit Training includes the following videos: H-1B Request Overview, Preparing an H-1B Sponsorship Letter and H-1B Actual Wage Worksheet.

H-1B Request Process

1. Pre-Start the H-1B Employee in PeopleSoft
    
   • The EMPLID is required for H-1B request form completion.
      
2. Gather and Complete the Required Documentation. 
   
   The following documents (JPG or PDF) must be uploaded to the H-1B Request form in ISSS Link.
    
   • H-1B Sponsorship Letter
     • Download a blank H-1B Sponsorship Letter form and complete it.
     • For assistance, download ISSS' Sample Letter.
   • Deemed Export Control Confirmation Email (if applicable)
     • The Office of Research Administration (ORA) requires all departments to complete a Deemed Export Control review process through OnBase whenever a foreign national is first starting employment at Emory or when an existing foreign national employee is transitioning to a new position.
     • Departments can find additional instructions regarding the review process on Research Compliance and Regulatory Affairs’ Visiting Scholars and Visiting Students page.
     • Once this process is completed, the department administrator will receive either:
       • an email confirmation (if no license is required); or
       • additional instructions (if a license or Technology Control Plan (TCP) is needed.)
     • The department administrator will upload the confirmation email from ORA when completing the H-1B Position and Wage Information form.
   • H-1B Actual Wage Worksheet  
     • Download a blank H-1B Actual Wage Worksheet form and complete it.
     • For assistance, download ISSS' Sample Worksheet.
   • Non-Emory Work Site Letter (if applicable)
     • Required if the employee will work at a non-Emory worksite(s) or at a site not owned/leased and operated by Emory.
     • ISSS recommends departments use ISSS' Non-Emory Work Site Letter template.
        
3. Direct the H-1B Employee to Gather Required Documentation 
    
   • Provide the H-1B with ISSS' Checklist for Scholars Being Sponsored for H-1B/E-3 Status and ask them to gather these documents as quickly as possible.
   • The employee will need to save copies of these documents as a JPG or PDF and upload them to ISSS Link when completing the H-1B Scholar Information form.
   • Translations: Any documents in a foreign language must come with an English translation and a certificate of accuracy (PDF).
      
4. Initiate the H-1B Request Form
    
   • Log into ISSS Link, navigate to the Departmental Services tab, and under Tasks, click on H-1B Requests.
   • The H-1B Request consists of three separate forms (the first two forms may be completed concurrently):
     • H-1B Sponsorship Confirmation Form
       • Initiated by the department administrator and completed by the supervisor.
     • H-1B Position and Wage Information
       • Completed by the department administrator only.
       • Be sure to select the appropriate request type (e.g., initial, extension, change in department or position, etc.)
         • If the employee is currently in the US, they should not travel outside the US while the H-1B petition is pending.
         • If "Initial H-1B - scholar is in the US in H-1B status with another employer" is selected as the request type, please note the following:
           • The H-1B must remain employed with their current employer until ISSS has the receipt notice from USCIS in hand.
           • The receipt notice is sufficient for the H-1B employee to begin working at Emory.
     • H-1B Scholar Information Form
       • Only becomes available once the H-1B Sponsorship Confirmation Form and H-1B Position and Wage Information forms are completed.
       • Initiated by the department administrator and completed by the H-1B employee. 
          
5. Provide ISSS with Filing Fee Checks
    
   • ISSS is located in Suite 130 of the North Decatur Building.
     • For directions and parking information, see ISSS' Contact Information page.
   • Separate checks should be made out to "The Department of Homeland Security" for these fees:
     • Form I-129 Fee
     • H-1B Fraud Prevention and Detection Fee
       • Contact the department's assigned ISSS advisor to see if this $500 fee is applicable.
     • Premium Processing Fee (optional)
     • Form I-539 Fee
       • For any dependents already in the US.
       • Only required if the department agrees to pay this fee on behalf of the H-1B employee.
   • Important Notes:
     • The hosting department is required to pay the I-129 Fee and Fraud Prevention and Detection Fee.
     • Optional Premium Processing Fee
       • The hosting department pays the premium processing fee when petition needs to be expedited by USCIS for employment-related reasons.
       • The H-1B employee can pay the fee if premium processing is needed for personal reasons (for example, ease of holiday travel or a family wedding). In this case, the H-1B employee should provide a letter explaining the reason for expedited processing, and the hiring department should bring this letter to ISSS’s office along with the checks. ISSS will need to review and approve requests made by the H-1B employee for personal reasons.
          
6. Follow ISSS Instructions for Completing the US Department of Labor Process
    
   • Once the H-1B Scholar Information Form is completed by the employee, the department's ISSS advisor will follow up with instructions regarding the US Department of Labor's Labor Condition Application (LCA) process.
   • ISSS will notify the department administrator once the LCA has been certified by the US Department of Labor.
   • At this point, the ISSS advisor will prepare the final H-1B petition for filing with USCIS.
      
7. Wait for Further Communications from ISSS Regarding Petition Status
    
   • ISSS will notify the department when an approval notice from USCIS is received.
   • If premium processing is not requested, this can take six months.

O-1 status is for someone who has achieved and sustained national or international acclaim for extraordinary ability in the sciences, arts, education, business, athletics, motion picture or television industries. J-1s/J-2s subject to the two-year home country physical presence requirement are eligible for O-1 classification. To obtain O-1 status, however, they must apply for the O visa abroad and be admitted to the US in O-1 status. After obtaining the initial O-1 status, it can be extended within the U.S.

ISSS recommends departments review the criteria for O-1 status before beginning the request process as very few people qualify. There are fees associated with the O-1 filing (Visit ISSS’ Law Firm Service Types and Legal Fees page for fee schedule). 

Departments interested in hiring a new O-1 temporary worker should follow the request process as early as possible but no later than six months before the prospective employee's anticipated start date. This process should also be followed if a department is requesting an extension or an amendment to a current employee's O-1.

O-1 Request Process

1. Complete an O-1 Request Form 
    
   • Complete the Request for O-1 Person of Extraordinary Ability form and email it to isss@emory.edu.
      
2. Wait for ISSS Communications Regarding Filing the O-1 Petition
    
   • Upon receiving a completed O-1 request form, ISSS will contact the assigned law firm for processing.
   • The law firm will work with the department and the employee to gather documentation and file the O-1 petition.
   • Any documents in a foreign language must come with an English translation and a certificate of accuracy (PDF).
   • The hosting department is required to pay the legal fee and government filing fee.
   • Retaining one's own immigration attorney to process an O-1 application is not allowed as O-1 is an employer-driven process, and the foreign national employee is a beneficiary of an Emory's O-1 petition. All immigration applications representing Emory must be reviewed and signed by ISSS.  

TN status allows qualified Canadian and Mexican citizens to work in the United States in certain professions on a temporary basis. The status was originally created by the North America Free Trade Agreement (NAFTA), which was replaced by the United States-Mexico-Canada Agreement (USMCA).  Departments interested in hiring a new TN Professional should follow the request process below at least three months before a prospective employee's anticipated start date. This process should also be followed if a department is requesting an extension or an amendment to a current employee's TN.

TN Request Process

1. Pre-Start the TN Professional in PeopleSoft
    
   • The EMPLID is required for TN request form completion.
      
2. Review the TN Eligibility Requirements and Determine the Applicable TN-Designated Occupation Title
    
   • The TN process is unique. ISSS recommends departments do the following prior to starting a new TN request:
     • Review the TN eligibility requirements.
     • Ensure that the TN professional meets the qualifications for a position on the USMCA list of TN occupations.
   • When completing the TN Position and Wage Information form in ISSS Link, the department administrator will select the applicable TN-Designated Occupation Title from the list of TN occupations.
      
3. Determine TN Request Type
    
   • There are two ways an individual can obtain/extend/amend their TN status after the TN Request form has been approved by ISSS:
     • Option 1: TN Processing from Outside the US (Travel Abroad)
     • Option 2: TN Processing from within the US (Filing an application with USCIS)
        
   • ISSS processing of the TN Request form differs depending on how the employee's TN status will be obtained/extended/amended. Thus, when completing the TN Position and Wage Information form, the department administrator will select one of the following request types:
     • Initial TN (travel for TN status)
     • Initial TN (USCIS application)
     • Extension w/out Changes (travel for TN status)
     • Extension w/out Changes (USCIS application)
     • Change in Emory Dept./Position (travel for TN status)
     • Change in Emory Dept./Position (USCIS application)
        
   • Visit our TN NAFTA Professionals page for more details. Departments can contact their assigned ISSS advisor if the department and/or TN professional are unsure how the TN will obtain/extend/amend their TN status.
      

4. Gather the Required Documentation

   The following documents (JPG or PDF) must be uploaded to the TN Request form in ISSS Link.

   • Non-Emory Work Site Letter (if applicable)
     • Required if the TN professional will work at a non-Emory worksite(s) or at a site not owned/leased and operated by Emory.
     • ISSS recommends departments use ISSS' Non-Emory Work Site Letter template.
   • Itinerary Letter (if applicable)
     • Required if the TN professional will work at more than one Emory location.
     • ISSS recommends department's uses our Itinerary Letter template.
        
5. Initiate the TN Request Form
    
   • Log into ISSS Link, navigate to the Departmental Services tab, and under Tasks, click on TN Requests.
   • The TN Request consists of three separate forms (the first two forms may be completed concurrently):
     • TN Sponsorship Confirmation Form
       • Initiated by the department administrator and completed by the supervisor.
     • TN Position and Wage Information
       • Completed by the department administrator only.
     • TN Scholar Information Form
       • Only becomes available once the TN Sponsorship Confirmation Form and TN Position and Wage Information forms are completed.
       • Initiated by the department administrator and completed by the TN professional. 
          
6. Provide ISSS with Filing Fee Checks (if applicable)
    
   • The department does not need to pay these filing fees in the following situations:
     • The new employee is currently abroad and entering the US to obtain TN status.
     • The employee is in the US, a change of status, amendment or extension is being requested, and the TN is traveling back to Canada or Mexico to enter the US in TN status.
   • A fee(s) is/are required if a petition will be filed with USCIS.
     • ISSS is located in Suite 130 of the North Decatur Building.
     • For directions and parking information, see ISSS' Contact Information page.
     • Separate checks should be made out to "The Department of Homeland Security" for these fees:
       • Form I-129 Fee
       • Premium Processing Fee (optional)
       • Form I-539 Fee
         • For any dependents already in the US.
         • Only required if the department agrees to pay this fee on behalf of the TN employee.
            
7. Wait for ISSS to Process the Request
    
   • Once the three forms are completed and all documentation is uploaded, processing takes up to 10 business days.
   • The department's assigned ISSS advisor will notify the department administrator by email when the TN Employment Letter is ready.
   • If a USCIS I-129 filing is required, the ISSS advisor will provide updates via email. 

E-3 status is used for Australian nationals who will perform services in specialty occupations on a temporary basis. At Emory, it can be used to bring faculty, researchers or other highly specialized professionals to the US. The employer may request a period of two years at a time.

Departments interested in hiring a new E-3 temporary worker should follow the request process below about eight months before a prospective employee's anticipated start date. This process should also be followed if a department is requesting an extension or an amendment to a current employee's E-3. Note: that there are separate rules for E-3s who are already in the US. 

E-3 Request Process

1. Pre-Start the E-3 Employee in PeopleSoft
    
   • The EMPLID is required for E-3 request form completion. 

2. Gather and Complete the Required Documentation

   The following documents (JPG or PDF) must be uploaded to the E-3 Request form in ISSS Link.

   • E-3 Sponsorship Letter
     • Download a blank E-3 Sponsorship Letter form and complete it.
     • For assistance, download ISSS' Sample Letter.
   • E-3 Actual Wage Worksheet  
     • Download a blank E-3 Actual Wage Worksheet form and complete it.
     • For assistance, download ISSS' Sample Worksheet.
        
3. Direct the E-3 Employee to Gather Required Documentation 
    
   • Provide the E-3 with ISSS' Checklist for Scholars Being Sponsored for H-1B/E-3 Status and ask them to gather these documents as quickly as possible.
   • The E-3 employee will need to save copies of these documents as jpg or pdf and upload them to ISSS Link when completing the E-3 Scholar Information form.
   • Translations: Any documents in a foreign language must come with an English translation and a certificate of accuracy (PDF).
      
4. Initiate the E-3 Request Form
    
   • Log into ISSS Link, navigate to the Departmental Services tab, and under Tasks, click on E-3 Requests.
   • The E-3 Request consists of three separate forms (the first two forms may be completed concurrently):
     • E-3 Sponsorship Confirmation Form
       • Initiated by the department administrator and completed by the supervisor.
     • E-3 Position and Wage Information
       • Completed by the department administrator only.
       • The form replaces the previous paper LCA packet.
     • E-3 Scholar Information Form
       • Only becomes available once the E-3 Sponsorship Confirmation Form and E-3 Position and Wage Information forms are completed.
       • Initiated by the department administrator and completed by the E-3 employee.
          
5. Provide ISSS with Filing Fee Checks (if applicable)
    
   • When Fees Are Not Required:
     • No fee is required for an initial (new) E-3 request for an Australian national who will apply for E-3 status from abroad.
     • In this case, no petition is filed with USCIS.
   • When Fees Are Required:
     • If the E-3 request is for a current employee needing a change of status, an extension, or an amendment, and it has been decided that an I-129 petition will need to be filed with USCIS.
     • ISSS is located in Suite 130 of the North Decatur Building.
     • For directions and parking information, see ISSS' Contact Information page.
     • Separate checks should be made payable to "The US Department of Homeland Security" for these fees:
       • Form I-129 Fee
       • Form I-539 Fee
         • For any dependents already in the US.
         • Only required if the department agrees to pay this fee on behalf of the E-3 employee.
       • Premium Processing Fee (optional)
          
6. Follow ISSS Instructions for Completing the US Department of Labor Process
    
   • Once the E-3 Scholar Information Form is completed by the E-3 employee, the department's ISSS advisor will follow up with instructions regarding the US Department of Labor’s Labor Condition Application (LCA) process.
   • ISSS will notify the department administrator once the LCA has been certified by the US Department of Labor.
   • At this point, the ISSS advisor will instruct the department to either send the offer to the E-3 employee (new from Australia) or inform the department when the E-3 petition has been submitted to USCIS (current E-3s for extension or amendment).
      
7. Wait for Further Communications from ISSS Regarding Petition Status (if applicable)
    
   • ISSS will notify the department when an approval notice from USCIS is received.
   • If premium processing is not requested, this can take six months.