Recent legislation exempts the NIH from the cap on the number of H-1B visas. In the light of this change, we have revised the guidelines for circumstances under which H-1B visas may be used at NIH in addition to their use in support of Senior Investigators, Investigators, Staff Scientists and Staff Clinicians.

H-1B visas may be used for outstanding scientists who are providing a service to NIH as an NIH employee (Research or Clinical Fellow) on an FTE and who are not trainees, specifically:

1. To extend the stay of a scientist on a J-1 visa beyond 3 years. This would be an alternative to seeking an extension of the J-1 visa for a fourth and fifth year from the Department of State (DoS), if extension beyond 5 years is anticipated. The 5-year/8-year rule still applies to such individuals.

2. When an extension of the J-1 visa by the DoS beyond three years is not tenable and a Research Fellow appointment can be justified.

3. At any time, when justified by the needs of the NIH scientific program, either as an initial appointment or upon renewal.

It is important to note that:

• a waiver of any existing 2-year home country residency requirement for J-1 visa holders is necessary before an H-1B visa may be obtained;
  
  
• requests must be submitted 12 months prior to the expiration of the current visa to process the H-1B visa and the waiver, if needed;
  
  
• H-4 dependent spouses of H-1B visa holders cannot work, unlike J-2 dependent spouses of individuals on J-1 visas;
  
  
• exceptions may be made by the Deputy Director for Intramural Research.