Memorial Sloan-Kettering Cancer Center's Immigration Services Department handles all work-related immigration issues and is available to help you obtain and maintain the most appropriate immigration status during your employment.
Memorials Sloan-ettering research rellows may contact Immigration Services at rivera4@mskcc.org.
Below is general information directed toward our research fellows.
Information Regarding J-1, H-1B, O-1 Status
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Exchange Visitors (J-1):
Memorial Sloan-Kettering is authorized by the United States government to sponsor foreign nationals to come to the United States as Cultural Exchange Visitors for temporary periods of stay (up to three years) to conduct research. The principal document indicating J-1 sponsorship is the Form IAP-66, which is issued by Memorial Sloan-Kettering's Immigration Services Department. Issuance of the IAP-66 is regulated by the US Department of State. IAP-66 forms are issued when academic appointments are approved by our Academic Administration Office.
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Two-Year Foreign Residency Requirement (212 [e]):
Some J-1 holders are subject to a two-year foreign residency requirement referred to as 212(e). Unless they obtain a waiver, these individuals must return to their country of nationality or last permanent residence for a period of two years following completion of the J-1 program before they are allowed to return to the US. Individuals may be subject to the two-year foreign residency requirement based upon receipt of funding from their government or the US government, or based upon the exchange visitor "skills list" for their country. To apply for a waiver visit the US Department of State Web site at www.travel.state.gov.
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Spousal Work Authorization (J-2):
Spouses and immediate family members of J-1 holders enter the United States on J-2 status. J-2 holders are entitled to apply for work permission through US Citizenship and Immigration Services. The form used to apply for this benefit is an I-765.
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Specialty Workers (H-1B):
This category is set aside for individuals who enter the United States to render services in "specialty occupations." Specialty occupations are those that require at least a bachelor's degree. The H-1B program is administered by US Citizenship and Immigration Services. You do not apply for H-1B status. H-1B is an employer-sponsored program so Memorial Sloan-Kettering's Immigration Services Department will apply on your behalf as petitioner. You will become the beneficiary of the petition.
The H-1B process can be lengthy. To apply for your H-1B, Memorial Sloan-Kettering's Immigration Services Department works with one state agency (the New York State Department of Labor) and two federal agencies (the US Department of Labor and the INS.) The time required to issue H-1B status largely depends on processing times at these three agencies. Typically, from the time you have submitted your completed questionnaire with all documents, it takes about 4 months before an answer is received from Immigration & Naturalization Service.
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Aliens of Extraordinary Ability (O-1):
Aliens having what the INS considers to be extraordinary ability in the sciences are eligible to apply for O-1 status. Typically, this status is used if H-1B status is unavailable due to J-1 waiver issues. You must be sponsored for this status by the Center, therefore you should contact Memorial Sloan-Kettering's Immigration Services Department for further information.
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Permanent Residency (Green Cards)
In most cases, applications for Permanent Residency in the United States require employer sponsorship. Memorial Sloan-Kettering's Immigration Services Department is the only Memorial Sloan-Kettering department authorized to initiate Memorial Sloan-Kettering's sponsorship for Permanent Residency. If you are interested in applying for permanent residency, your lab head must submit a letter to Memorial Sloan-Kettering's Immigration Services Department indicating his or her support for the sponsorship. Memorial Sloan-Kettering's Immigration Services Department will contact you for an interview to discuss available options when it has received the letter from your lab head. You are responsible for any cost associated with this application.
Taxation
Most individuals working in the United States are required to file income tax returns, and pay social security, federal, state, and other applicable taxes. Employers are required to withhold certain taxes from your pay. Each tax situation is unique and you are advised to consult a tax professional or the appropriate agency for information specific to your case. The Internal Revenue Service (IRS) administers and collects taxes on behalf of the United States government. Each state also has it's own tax agency. Depending on your academic appointment, your visa status, and your length of stay, you may be exempt from certain taxes.
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Tax Treaties
The United States has treaties governing the taxation of nonresident aliens in the United States. If the United States has a treaty with your country and you meet the criteria for exemption, you can either claim exemption from withholding by filing a Form 8233 or you can claim treaty benefits when you file your income tax return. Each treaty is different but the most common criteria for determining treaty benefits are: 1) primary purpose for your visit, 2) how long you have been in the United States regardless of prior status, and 3) how much you earn. Form 8233 must be completed annually (see instructions).
Online Resources
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General Information Regarding Immigration
If you need information on citizenship or family sponsored immigration, or you just want general information about immigration, please visit the US Citizenship and Immigration Services Web site at www.uscis.gov/portal/site/uscis.
