Important Note about Visas for Successful Academic Job Seekers
If you’ve landed a tenure-track job or are applying for one and you are on a visa, please note the following advice from a dean involved in the recruitment of junior faculty:
If you are on a J1, depending on your country of origin and/or your field, you may be subject to a 2-year home rule requirement. You need to double-check whether this applies in your case, by referring to the home rule website and speaking with hte Harvard International Office (HIO). Even if you have a stamp on your visa or DS-2019 form that says you are not subject to the 2-year home rule, this may in fact not be accurate, particularly if you received your visa at an overseas consulate rather than in your home country.
You may apply for a waiver to the home rule requirement, but keep in mind that the process takes a long time—at least 6-8 months, sometimes longer–and is not guaranteed. The waiver is something that you need to do yourself and is not managed by an international office. You should also be mindful of the timing of your application for the waiver in relation to the expiration of your J-1 maximum stay.
Once you’re on a tenure-track appointment, you will be on a H1b visa because a tenure-track appointment implies an intent to stay in the US and the H1b visa is a dual-intent visa (intent to stay here or return home). The H1b is also the path towards a green card.
Unlike in the case of a J1, your spouse, if you’re married, will not be authorized to work when you’re on the H1b. Work authorization for your spouse is possible when you’re on a H1b visa, but seeking it may not be worth your while. The process may take up to 2 years (despite what the USCIS website says about processing times), which is roughly the time it will take your spouse to obtain a green card, given current processing times. So your spouse will most likely have work authorization, based on your green card application and their spousal green card.
Do not leave these requirements to chance. Make sure that you’re on top of all the requirement information and confirmations and be sure to consult with the HIO.