NewPostDoc

Hi there,

I got offered a physics post-doc offer a month ago (woo) which I accepted for starting in January. I was advised to go on the J1 visa scheme due to tax breaks in the first two years.

However, I am absolutely not sure how to apply for this visa. I got the impression - I believe now incorrect - that I would receive forms from the University that accepted me which I would need to start with before applying. However, it's been about a month since I let them know I was taking the position and haven't yet heard back. I'm beginning to believe I should already have started the process here at the Embassy, and am feeling a little foolish for not having been more pro-active.

Apologies for the novice question, but does anyone know how I go about this? Where should I start with this? Also, I was told I needed to have had my doctoral viva before I could actually receive the visa - is this usual?

mikec81

Its been a while since we went through this (my wife was a post doc...), although I remember that the university provided us with DS-2019 forms that we had to take to the embassy when we applied for our visas. Since the visa is sponsored by the university (i.e. they are paying your wages while employed by them), the DS-2019 is required to evidence that. I am not sure whether you can schedule your interview before you have the DS-2019, but I'm sure that we needed it at the interview.

There is a bunch of other paperwork to fill out to, but I think that is all listed here - http://london.usembassy.gov/exchange.html

Hope that helps...

MoshiMoshi

Hello there,

Congrats on the post-doc!

My husband is also doing a post-doc on the J1 visa. Your assumption that the uni should be kicking off the process is correct, as far as I know. They should issue you a DS-2019. Your role in the visa paperwork starts when you've got that.

I'd contact whoever issued you the job offer, and ask what's happening. If they want you to start in January, then you need the DS-2019 sooner rather than later; the urgency depends on what the appointment wait-time is at your nearest Consulate.

At any rate, if your uni has plenty of post-docs, chances are they've done a million J1s and will have some info ready to give you about the process and timelines. (Don't waste your money calling the Consulate for advice!)

Obviously, every situation is different, but our J1/2 timeline was:

- unofficial job offer in late December, for position starting September
- official job offer in January
- DS-2019 issued late May
- interview at the consulate in late July
- passport returned with visa by mid August
- we moved to the US early September.

retzie

Congratulations! Mathematician here

There are several downsides to a J-1 which I personally think off-set any tax incentive. Not to mention, if you stay beyond two years, you will have to pay back any tax you dodged. I would at least ask if they will sponsor an H-1B (if nothing else, to know you asked).

Downsides as experienced by my friends (I was a smartypants and postdoc-ed on an E-3):

• Home residency requirement. Yes, you can almost certainly get a waiver, but make sure you actually do! A friend recently had to be extricated from the authorities by the very high ups!
  
• To attend a conference in the US where you will receive any support/reimbursement, you need a 'letter of authorization from sponsor'. Again doable, but very, very annoying. (I have been on the conference admin end of this and it is unnecessarily painful for everyone.) This is a feature of the 'leash' the university will effectively have on you for the duration.
  
• Some schools will not let you apply for grants on a J-1. This is big. True, it is the school's own policy, not law, but one person I know is convinced that it (almost fatally) harmed his career progression. At least check on this.
  

I know plenty of people who have come over during the death throes of their PhD, so if it is a requirement, it is not an immigration one.

MoshiMoshi

Totally true, but if you think you'll be staying beyond two years you can opt out of the tax-dodging, and so avoid any lump-sum repayment nastiness in the end. Depends on your plans.

NewPostDoc

Thanks for the advice all! I'm glad my initial assumption that the University would be starting this process is right, and I will get on to the University about it. I guess, it's only been a month since I accepted, so it seems the DS-2019 can take longer than this. But still, I will contact them. London is the nearest to me, which was listed as a 3 day wait time.

I had thought about J1 vs. H1B - the downside of the H1B in the long run (as I understand) is the six year time limit. If I ended up staying for years and years, it will set a sooner cap on when I have to have a permanent job. Re: waiver I thought only a sub-group of J1 people needed a waiver. I thought the waiver was only for those with national funding, medical or home country skills lists, none of which apply to me. Happy to be corrected on this, though.

hobbes79

I just paid taxes when on a J-1 (mainly through ignorance)

But I stayed, so worked out fine. Ignorance is bliss?

caleyjag

Congrats on the postdoc! I did one 2007-2009 and loved every second of it.

In my case, the university sent me the DS2019. Most decent-sized universities in the US will have an internatiol office and should have no trouble getting that form organized.


Now, the UK tax treaty is a much more interesting situation. You do not have to pay federal income tax for two years (from your starting date). If you remain in the US as an academic for 1 day longer than 2 years, you are liable for all that tax with interest and fines.

In my case, I took the treaty, and blew all the cash on booze and skiing. Without savings, when the two years ran out, this turned into a bit of a timebomb. Not only do you have the financial adjustment of paying back the debt, you also have to switch to the now unfamiliar situation of paying full taxes! On a standard NIH postdoc salary this can make life financially challenging.

The IRS may offer you a payment plan to pay back the debt but it is not very competitive. Unfortunately after only two years it is unlikely you will have the credit history and favourable credit rating in the US required to get a good deal on a bank loan to pay off the debt in a lump sum.

In my case I had no choice but to head back to the UK after my two years were up and look for a more lucrative career elsewhere. This resulted in a somewhat traumatic removal from Seattle which remains my favourite city in the world.

So the moral is, if you do decide to take the tax treaty, make sure you plan your spending and saving so that you retain the option of staying longer. Easier said than done!

A British friend decided to stay over the limit and is currently being audited by the IRS. They do come after you if you don't get out before the 2 year limit!
Unfortunatley he didn't save much money and is now in a bit of a pickle.


On a seperate note, (and this advice is as of 2009, it may have changed) if you have not lived in the US for the past six years, you don't have to pay social security for two calendar years. This is a much more simple arrangement and has no hidden traps to worry about. So make sure you check your first paychecks carefully to make sure you aren't paying contributions you don't need to.

retzie

If you think there is a chance of staying in the US longterm, I would say J-1 without taking the tax breaks is probably your best option (unless you happen to be an Oz citizen, in which case E-3 is the have-your-cake-and-eat-it-too option). Be forewarned of the annoyances that come with J-1 status, though.

Regarding the HRR: it is my understanding that it applies to every J-1 by default. Many people are easily able to obtain a waiver, but simply not being on the 'target list' is not enough to excuse you from the HRR; a waiver is needed. Someone please correct me if I am mistaken on this.

caleyjag

On my old J1 stamp, under 'Annotation' it says "BEARER IS NOT SUBJECT TO SECION 212(E). TWO YEAR RULE DOES NOT APPLY".

Does this apply to all British people?

MoshiMoshi

It says that on mine, too. I'm British.

retzie

Hm, perhaps the people I know were on government money. The perils of operating on second-hand information! I will be quiet now

NewPostDoc, I would double check with your university visa contact just to be sure.

ian-mstm

Your understanding is incorrect.

Ian

ian-mstm

No.

Ian

caleyjag

Interesting. In that case, who does it apply to? I never asked them to put that note on my J1 stamp. It was done automatically.

That turned out to be quite lucky - I wouldn't have been able to take up my current job if it wasn't for the exemption from the HRR.