The United States is considered by many to be the graduate school for the world. This is particularly true in the chemical sciences. In 1996, Chemical and Engineering News (C&EN) reported that about 900, or 42%, of the doctoral degrees awarded in 1995 were conferred on foreign students. In 1999, the National Science Foundation reported that about 5,600, or 35%, of the full-time chemistry graduate students in U.S. schools were non-U.S. citizens.

In the C&EN article, David K. Lavallee, head of the 1995 American Chemical Society's Presidential Task Force on the Study of Doctoral Education in Chemistry, stated that nearly 60% of the foreign students who earn Ph.D.s remain in the U.S. for at least five years. At the time Lavallee estimated that 500 foreign students would remain in the U.S. for five years or longer, with most staying to pursue postdoctoral studies.

Some people worry that the U.S. is educating hundreds of foreign Ph.D. chemists a year who may compete with American citizens for jobs. However, immigration law makes it extremely difficult for American companies to hire people who are not citizens or permanent residents, i.e., have an Immigrant Visa or Green Card. On one hand the law permits people from other countries to come to the U.S. while on the other hand it is intended to exclude them. So the foreign-born chemists who want to work and even settle in the U.S. must learn to navigate the complex immigration laws and how the U.S. Immigration and Naturalization Service (INS) goes about interpreting and enforcing them.

Take the example of many technically trained people from India, China, and Philippines who have temporary work visas (H1-B) that permit them to work for up to six years in the U.S. Since 1999 an estimated 40,000 such workers have found computer-related jobs in high tech companies of Silicon Valley and elsewhere.

Unfortunately thousands of them lost their jobs when the economic downturn forces their employers to downsize their workforces. This unexpected loss of jobs often requires the H-1B visa holder to return home unless he or she can find another employer to sponsor them. Furthermore, they are not permitted to take part-time work to help pay their living expenses while searching for a sponsor. The INS recognizes the unusual and difficult circumstances that these workers and their families are facing and is attempting to find ways within the existing law to help ease their plight. (See Related Reading at the end of the article.)

Such examples as this point out the need for a foreign-born chemist who wants to work in the U.S. to learn as much as possible about immigration law, especially as it relates to visas and how the INS processes them. In the latter case professional legal advice can be helpful.

Visas
Julie Manyik, a Personnel Management Specialist with the National Institute of Environmental Health Science (NIEHS) in Research Triangle Park, NC, recommends that foreign nationals should first educate themselves about visas and related topics on the U.S. State Department's Web site. She considers this as the best source for current general information on visas and related topics. Visas that would be of particular interest to foreign-born chemists are:

Exchange Visitors (J-1). Foreign nationals on J-1 visas enter the United States for cultural, educational, teaching, training, research or other international exchange programs recognized by U.S. Information Agency. This type of visa is popular for those wishing to take postdoctoral positions.

A cautionary tale for J-1 visa holders regarding U.S. income tax laws: Dr. Ian Gilmour, a Scot who is now a researcher with the U.S. Environmental Protection Agency in Research Triangle Park, discovered that a tax treaty between the U.S. and United Kingdom required him to pay income taxes in the third year of his J-1 as well as for the previous two years. The United States and certain other nations have entered into treaties affecting the mutual application of each nation's tax laws. Publication 901: U.S. Tax Treaties, published by the Internal Revenue Service, will tell you whether a tax treaty between the United States and a particular country offers a reduced rate of, or possibly a complete exemption from, U.S. income tax for residents of that particular country.

Extraordinary Ability (O-1). A person who qualifies for this visa is one of the few at the top of their field of science, business or education. Dr. Jean-Paul Klein, a European who came to NIEHS on a J-1 visa, advises foreign nationals that unexpected and frustrating delays can occur in changing their visa status. Dr. Klein decided to enhance his resume with industrial research experience by joining a U.S. pharmaceutical company as a postdoc. Unfortunately, he says that despite the company's efforts to expedite the change from a J-1 to an O-1 visa, the process took four months rather than the expected four weeks, during which time he received no pay nor did he have health insurance coverage.

Workers in Specialty Occupations (H-1B). This visa permits workers with specialty occupations such as scientists to enter the U.S. for a period of three years with the possibility of another three-year extension. After six years the visa holder must leave the U.S. for at least one year before returning to accept employment. Furthermore, a firm offer of employment is required to obtain an H-1B visa. However, as was noted earlier, if the visa-holder loses his or her job without finding another sponsor they could be required to leave the country regardless of the time remaining on their visa.

Ordinarily H-1B visas are issued rather quickly. However, in Dr. Klein's case, it took the INS 45 days to complete the change from an O-1 to an H-1B visa.

Immigrant Visa (permanent residence, Green Card). With this visa foreign nationals may live and work indefinitely anywhere in the U.S. They remain a citizen of another country but are bound by all tax regulations and cannot vote in U.S. elections.

There are five categories for granting permanent residence to foreign nationals based on employment skills. If you want to become an immigrant based on the fact that you have a permanent employment opportunity in the U.S., you must go through a multi-step process. You can read more about the process at the INS Web site.

The process of getting a green card may take several years to complete. For instance, Dr. Heather Cross, an Assistant Research Professor in the Department of Pathology at Duke University Medical School, came to the U.S. on a J-1 visa in 1996 and in 1999 she converted it to an H-1B visa. This, she says, was "just in time for the three year J-1 academic limit." She then immediately applied for a green card. From 1999 to 2001 she says, "The INS lost my application twice and I am still waiting." Furthermore, she advises citizens of other countries to, "never expect anything to happen fast or be able to speak to anyone from the INS on the phone."

NAFTA Work Visas. Chemists are listed among the 60 or more North American Free Trade Agreement (NAFTA) professions. Professionals from NAFTA countries receive a TN visa. TN visas are temporary work visas that can be issued at a port of entry to the U.S., are valid for one year, and are renewable indefinitely. A minimum of a bachelor's degree is required to qualify for a TN visa. TN visas do not require approval from the Department of Labor and are not governed by the prevailing wage requirement for other foreign workers. There is no form filing or delays; all documentation is checked, approved, and issued at the border.

Legal Assistance
Given the complexity of the immigration laws, it is unlikely that an individual can master what is needed alone to successfully interact with the INS, so seeking legal assistance is necessary. Here are some tips about finding a suitable attorney and what will their services cost.

Finding an Attorney. One of the best ways to find a suitable lawyer, preferably one who is a certified specialist in immigration law, is to ask other foreign nationals for recommendations. Ideally the attorney will have experience with cases similar to yours. The American Immigration Lawyers Association (AILA) of Washington, D.C. offers a referral service to identify immigration lawyers in a given region of the country and can be reached at 800-954-0254 or by e-mail at .

Most attorneys charge little or nothing for the initial visit. During this meeting you should determine if you want to retain the lawyer. You should also bring along the following: foreign passport, arrival and departure documents, information concerning present employment or prospective employment, a resume, and documentation to substantiate qualification for seeking employment-based residency.

It is important that you have a high level of confidence in the lawyer. Therefore it is prudent to visit three or four lawyers to get their opinion before choosing one.

During these visits ask candid questions about the services offered and related costs. For instance, there may be charges for telephone calls and appearances the attorney makes at the INS on your behalf that are not obvious.

Based on current general information, the average cost of an attorney's fees can range from $3000 to $5000 depending on the specifics of the case for the visa being sought.

Thus, for foreign-born chemists who want to work in the U.S., the visa process can be very expensive and time consuming to complete. However, if you learn the basic information about obtaining visas and can get sound legal advice, you have a much better chance of reaching your goal.

George J. O'Neill is the former Director of Asia-Pacific Research Office in Osaka, Japan for Eastman Chemical Company. He now volunteers as a Career Consultant and workshop presenter for the American Chemical Society.

RELATED READING
Employment Guide for Foreign-Born Chemists in the United States, published by the ACS Department of Career Services, provides information on immigration requirements; job searching; evaluating foreign credentials, skills, and experience; culture of the workplace; and how to adapt to a new domicile.

Last fall, under pressure from the high tech sector, Congress increased the number of highly skilled workers allowed to enter the US under H1-B visas from 115,000 to 195,000 per year. Now that the tech sector is slowing down, these H1-B workers must find another sponsor or return home.