University of Minnesota Medical School
Handbook
For Medical School Accountants
Visas & Green Cards for Faculty
Last Date Reviewed: 10/5/15

Background:

When a student, staff or faculty member is not a U.S. citizen, significant oversight and resources are required to ensure compliance with state and federal laws regarding residence and employment eligibility.

Types of Foreign Visitors:

  • Faculty
  • Staff
  • Students
  • Visiting Scholars

Permanent Residence Applications (Green Card):

Tenured and Tenure-Track Teaching Faculty:

International Student and Scholar Services (ISSS – handles Permanent Residency applications for tenured and tenure-track teaching faculty.

All Other Job Categories:

Persons in other full-time, permanent positions may qualify to apply for Permanent Residence (PR) either by self-petition or through the University of Minnesota (petition by employer). University departments who decide to pursue a PR petition (submitted by employer) must work with the University Office of General Counsel (OGC) and a private immigration attorney. OGC handles the eligibility of the position and the clearance of private attorneys in such cases.

Temporary Visitors on B1/B2 Visas:

  • These are usually observers, people who attend short conferences or give lectures
  • Pay their own expenses
  • Not given appointments
  • Can be paid honorariums for lectures and teaching short courses
  • Issued a letter of invitation and then go to embassy of their country to apply and pay for their visa

Exchange Visitors on J-1 Visas:

  • Can be research scholars or medical residents/fellows
  • Purpose of exchange visa is to gain skills or training in the U.S. that they can take back to their home country
  • University pays the cost for research scholars ($285) through ISSS
  • Medical Residents/Fellows in clinical training pay for themselves through Education Commission for Foreign Medical Graduates (ECFMG)

Employment Visas (H-1B or O-1):

  • Pertain to Staff/Faculty/Researchers/Medical Residents/Fellows
  • H-1B is a dual purpose visa meaning a person can have the intent to go home or later apply for permanent residence
  • O-1 visa is similar but for persons that are highly skilled or talented in their area of expertise and plan to become permanent residents
  • If employed by University, U typically pays for all costs
  • If dual employment (UMN & UMP), faculty can work with department head to negotiate how much each party will pay (some fees must be paid for by employer)

Students in School on F1 Visas:

  • Typically students finishing up their thesis and working to get experience in their field through Optional Practical Training (OPT)
  • There are no fees unless their OPT runs out and they need to apply for a different type of visa (H-1B, O-1 or J-1)

Fees:

  • Vary depending on ISSS or use of private attorney (Aronson & Associates, Dorsey & Whitney)
  • Usually use private attorney for faculty appointments, application for 0-1 visas or for expedited services
  • Understanding why a person is here and what they will be doing while they are here will help determine who pays the costs and what type of services are required

Visa Options for Employment Eligibility:

Employment Chart w/ links to ISSS site on each type: visit

Chart Updated August 2015