Flyingoverseas 版 (精华区)
发信人: YChen (bill), 信区: Flyingoverseas
标 题: J vs. H visas
发信站: 哈工大紫丁香 (2003年03月01日08:46:09 星期六), 站内信件
Exchange Visitor Visas
Most nonimmigrant visa classifications, including the J-1 Exchange Visitor cla
ssification, require visa applicants to show that their overall circumstances
are sufficiently favorable to compel them to return to their home countries fo
llowing their proposed research programs in the U.S. While our office issues m
any J-1 visas to older, well established Chinese academics, bright, young, but
poorly-paid researchers are often unable to show that they will go back to th
eir institutions in China following their proposed programs in the U.S. This i
s often an impossible criterion for bright, young, but poorly-paid Chinese res
earchers to fulfill. Prestigious Chinese universities and research institution
s are often only able to offer dormitory housing and nominal salaries to their
new faculty members and research staff. Even faculty members who are married
and have a child must often live in one room, share a bathroom with other fami
lies and tolerate a lack of kitchens, heat, and hot water. Often, the academic
and political climate in Chinese institutions is also far from ideal.
Although the Chinese government has announced efforts to improve living condit
ions and raise salaries, young faculty and researchers usually earn less than
US$5,000 per year. These talented and highly skilled individuals are acutely a
ware that physical living conditions, remuneration levels, and the overall aca
demic environment are far superior in the United States. It is common for youn
g Chinese scholars to search scientific publications in libraries and on the i
nternet in order to locate an American professor who will invite them to join
a laboratory in the U.S.
Our experience shows that these types of applicants do not intend to return to
China. Instead, they are motivated primarily by the desire to use their talen
ts and skills to establish a better life for themselves and their family membe
rs in the United States. Section 212(e) of the Immigration and Nationality Act
nominally calls for Chinese J-1 nonimmigrants to return to China, but there a
re a number of loopholes in the law which render it ineffective for guaranteei
ng that scholars will go home at the conclusion of their programs. Under these
circumstances, we are required by federal law to deny many J-1 visa requests
from prospective exchange visitors in China.
For those cases where the host institution is willing to remunerate foreign sc
ientists and researchers at U.S. pay levels, the H-1b classification of nonimm
igrant visa can sometimes be used. Unlike the J-1 classification, H-1b visas d
o not require applicants to show that they intend to go back to their home cou
ntries. There have been several examples recently of Chinese scholars who fail
ed to qualify for J-1 visas under Section 214(b), but who were subsequently ab
le to receive H-1b visas pursuant to petitions filed by U.S. institutions with
the Immigration and Naturalization Service.
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