J-1 Visa Charged to NSF Project

[surb...@umn.edu]

I am unclear from the Direct Costs Allowability Grid and other information I have found (2 CFR § 200.463) whether the cost of returning home to renew a J-1 visa is an allowable expense to a federal project.  While home, the researcher collaborated with two colleagues.  One colleague who the research worked with while home was named in the proposal. 

Is this 100% allowable or should the cost of travel be pro-rated between J-1 visa activity and collaboration?

[asal...@umn.edu]

To answer the question we will need a little more information. In general, J1 Visas are an allowable expense so long as they directly benefit the grant. If the traveler is mixing in personal or other business with the grant, you would allocate costs accordingly.

I would want to do know:

Primary purpose of the trip?
Benefit to the grant?
Could the collaboration have taken place via other forms of communication? IE: Was the collaboration a bi-product of a return trip home?

I would lean towards not reimbursing the Visa expense unless they could justify the primary purpose was grant related and necessary.

[surb...@umn.edu]

The employee needed to return to his home country to deal with a visa issue.  While there, he did make it into a work trip for the project.  Does that help?  I am 100% clear that federal projects will pay for a travel related visa, but thought work related visa costs were not to be charged to a project.  After reviewing our internal information and Uniform Guidance, I no longer feel 100% clear where the line between what is and is not allowed is drawn.

[Andrew Carlson]

What is the sponsoring agency that is expected to cover the visa/travel costs?

Was the collaborative activity specified in the proposal or budget justification?

[ca...@umn.edu]

Based off of Uniform Guidance specifically referencing allowable short-term visa costs within the context of employee recruitment, we would not advise the travel or direct visa costs on the grant unless the expense was previously budgeted or sent to the agency for review.

The visa and related travel costs could be allowable if the individual was being recruited to work for the grant and they worked on the project for more than 12 months. However, this is described as a renewal which would appear to be unallowable unless specifically permitted by the sponsoring agency.

The travel costs could potentially be put on the sponsored grant if they're placed within the context of an international collaboration, but a significant justification as to how the collaboration benefited the project is needed if the trip was not originally discussed in the budget justification or proposal. This trip is also more likely to be allowable on the grant if the sponsoring agency guidelines have fairly loose language surrounding travel expenditures, re-budgets, and generally spending outside of approved expense category allocations.

Short-term visa fees to attend international conferences and meetings should be allowable as direct charges on grants, but we are unable to find clear language about that within Uniform Guidance without removing the visa cost guidelines from the context of recruitment. University Policy is fairly clear about allowing short-term visa fees as long as the relevant parties can justify the direct benefit to the grant. It is assumed that the relocation aspect is not mentioned on the Direct Cost Allowability Grid as there are potential scenarios where it could be allowed based on the sponsor in question or whether the cost was anticipated and approved by the agency outside of a staff relocation.

[terryk]

I am not an expert on Visas, but I thought a J1 was required if you were going to work or study in the US, and that these were of limited duration.   Once the time clock was up, you had to return home for a limited time before you could renew your J1 and return to work/study.    So was this person working on the grant for a duration and got caught in this red-tape scenerio?    Is that what is happening here?