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Standard Operating Procedure Table of Contents
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Purpose
To allow PIs and other personnel who are not U.S. citizens to work on
NIH-supported research projects.
Procedure
Investigators need not be U.S. citizens
to apply for a research project grant, e.g., an R01, small
grant (R03),
or exploratory/developmental
grant (R21). Other grant types do have a citizenship requirement
(e.g., for trainees appointed to training
grants, people who own a small
business), which will be stated in the funding
opportunity announcement.
Foreign nationals who seek to work on NIH-funded grants or contracts
need to address visa considerations and requirements of the USA Patriot
Act.
The institutional business official is responsible for ensuring that investigators and personnel have appropriate visas.
Foreign Investigators -- Visa Issues -- Grants
- If you are working at a U.S. institution that
is receiving the award, you have to remain there long enough to finish
your project.
- If you
do not have a permanent visa, state in
your application that your visa will allow you to remain in the U.S.
long
enough for you
to finish your project.
- If your visa doesn't cover the life of the grant and
you cannot assure us that you will be getting one that does, your institution
-- the grantee -- will have to nominate a replacement PI, or we
may not be able to issue an award.
- If NIAID issues a grant award and later finds out that your visa
does not allow for a long enough stay, NIAID can take action which may include termination of the grant.
- Visa and associated costs are considered consular fees and are not
allowable unless part of a recruitment package.
Patriot
Act
- The Patriot Act applies to anyone on an NIH-funded research project. Violations can be punished with
a $10,000 fine, 10 years imprisonment, or both.
- The Act states that people defined as "restricted" cannot
work with pathogens or toxins that are potential bioterrorism agents.
To see lists of relevant pathogens, go to HHS
and USDA Select Agents and Toxins.
- NIAID does not require assurances from
PIs; your institution is responsible for enforcing the law. If the
Patriot Act affects you, call your institutional
business office for advice.
Patriot Act Definition of Restricted Persons
- Aliens, other than a U.S. permanent resident, who are nationals
of State Sponsors of Terrorism.
- Persons who admit using or are convicted users of a controlled
substance.
- People under indictment or convicted of a crime punishable by
imprisonment for more than one year.
- Veterans dishonorably discharged from the U.S. armed services.
- Fugitives from justice.
- Aliens illegally in the U.S.
- Persons adjudicated as mentally defective or committed to a mental
institution.
NIAID staff, see GMP
Assignments by Geographic Region and Program Code for the appropriate
grants management specialist.
Grantees with questions should contact the appropriate program officer or grants management specialist, listed on their Notice of Grant Award. For more information, see Contact Staff for Help.
Contractors with questions should ask the primary contact listed
in the RFP. See the NIAID RFP list or
see the Office of Acquisitions staff listing.
If you have knowledge to share or want more information on this topic, email deaweb@niaid.nih.gov with the title of this page or its URL and your question or comment. Thanks for helping us clarify and expand our knowledge base.
Links
Foreign and International Grants and Components SOP
Training and Career Awards
Deviations and Waivers to Grant Policies SOP
NIH
Grants Policy Statement, Terms and Conditions of NIH Grant Awards (scroll
down to Eligibility) |