I have a two somewhat elementary questions related to visas.  1) Can a person in the U.S. on a J1 or H1b visa charge time to a federal grant?  and 2) Is the answer to question #1 different depending on whether or not a visa holder was immediately grant-funded upon the beginning of the visa vs. a person who wasn't initially federal grant but was subsequently transferred to a federal grant?

The reason I ask is that I've recently heard about a so-called "two year home stay requirement" (rule 212(e)) which states something like:  if a visa holder is supported by funds from a government (either the home gov't or the U.S. gov't), then upon expiration of the visa the holder MUST immediately return to his/her home country for a minimum of two years.  Now I don't know if paying a visa holder's salary constitutes support from a gov't, but if it does, then PI's would have to think long and hard about using visa holders on federally-funded projects.

I would appreciate any input you may have on this topic.  I only ask about J1 and H1b because that is all our institution deals with currently.

Thanks!

Pat Kaufman
Director of Finance
Stowers Institute for Medical Research
Kansas City, MO
816-926-4027    xxxxxx@stowers-institute.org

-----Original Message-----
From: Borchers, Julia [mailto:xxxxxx@MARSHALL.EDU]
Sent: Saturday, September 14, 2002 2:27 PM
To: xxxxxx@HRINET.ORG
Subject: Re: [RESADM-L] visa question

I checked with our International Programs Director and he stated that a TN-1
visa....is a limited employer specific visa...therefore the individual could
not work for anyone other than the specific employer.

Julia G. Borchers
Grant & Contract Specialist
Marshall University Research Corporation
Phone: (304) 696-2468
Fax: (304) 697-3885

-----Original Message-----
From: Mike McCallister [mailto:xxxxxx@UALR.EDU]
Sent: Thursday, September 12, 2002 5:40 PM
To: xxxxxx@HRINET.ORG
Subject: [RESADM-L] visa question

We have a faculty person who is from Canada (and she's in Arkansas!).
She's on a TN-1 visa and says are prohibitions on how she can be paid
for work other than by the university, her prime employer.  Does
anyone have any experience with this issue?

Spanky

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 Instructions on how to use the RESADM-L Mailing List, including
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