1. Making Sense of the Different Employment Visa-types
Charter Morris
International Programs Advisor
University of Mississippi
February,

2. Two Main Categories of Visas
Institution Sponsored
Self-Petitioned

3. Institution Sponsored
J-1 (Scholar/Professor; Short-term; and Specialist)
H-1B
TN – Trade NAFTA
O-1
Permanent Residency

4. J-1 Scholar/Professor; Short-term; and Specialist

5. J-1 There are many J-1 Exchange Visitor Categories
The three main Categories of institution sponsorship are:
J-1 Research Scholar/Professor
J-1 Short-Term Scholar
J-1 Specialist
Each category has special regulations and limitations

6. J-1 Basic Requirements
Intent to pursue appropriate activity (such as research or teaching)
Intent to return to home country (as determined by consular officer)
Sufficient funding for program
Appropriate background for program activity (i.e. the J-1 Visitor meets appropriate degree requirements)
Adequate English proficiency (as determined by the host department or by the institution; suggested tests include the TOEFL or IELTS exams or at least a review of written and oral skills)

7. J-1 Research Scholar/Professor
Cannot be a candidate for tenure
Limited to 5-years of maximum stay
Requires a minimum stay of 3 weeks
Department pays no immigration filing fees
University can sponsor Scholar/Professors who are self-funded or funded by outside agencies, funding can also be split between department and outside agency
Perfect for temporary instructor positions or for research positions and for visiting professors on sabbatical

8. J-1 Scholar/ Professor 12-month bar
12-month bar- The 12-month bar prevents someone from becoming a J-1 Professor/ Research Scholar for 12 months following any previous J participation (including J-2 dependent status)
No 12-month bar if the person is transferring from another J-1 sponsor, or if the person's presence in the US on a J program was less than six months, or if the person's presence was as a J-1 Short-Term Scholar.

9. J-1 Scholar/ Professor 24-month bar
24-month bar- The 24-month bar for repeat Professor/Research Scholar requires that there be a period of at least 24 months between each stay as a J-1 Professor or J-1 Research Scholar.
The 24-month bar is not the same as the 212(e) Rule (2-year home residency requirement).

10. J-1 Short-Term Scholar
Cannot hold a permanent position or be a candidate for tenure
Limited to 6-months of maximum stay
Department pays no immigration filing fees
University can sponsor Scholar/Professors who are self-funded or funded by outside agencies, funding can also be split between department and outside agency
Perfect for very short research projects or for visiting lecturers

11. Benefit of Short-Term Scholar
There is no 12-month or 24-month bar for Short-Term Scholars to return as J-1 Research Scholars/Professor
No minimum stay requirement

12. J-1 Specialist
Cannot hold a permanent position or be a candidate for tenure
Limited to 12-months of maximum stay
Department pays no immigration filing fees
Perfect for specialty occupations such as Coach or Athletic Trainer

13. J-1 Specialist Limitations
Specialists are subject to the 12-month bar from beginning a J-1 Research Scholar/Professor program.
Specialists are not subject to the 24-month bar.

14. How to sponsor a J-1
Institution must have SEVIS Authorization for J-1 Scholars/Professors, Short-Term Scholars, and/or Specialists
RO/ARO will issue a DS-2019 to the incoming scholar
Good to have a standard welcome letter and packet of information
Incoming J-1 will pay SEVIS Fee and apply for J-1 Visa (changing status in the U.S. is possible)

15. DS-2019

16. J-1 Visa Stamp

17. H-1B Worker

18. H-1B Overview
Can hold a permanent position and be a candidate for tenure
Perfect for any permanent position or tenure-track position
Limited to 6-years of maximum stay
Job must require at least a bachelor’s degree

19. H-1B Overview Continued
Has a minimum salary requirement (based on both the actual wages paid by the institution and the prevailing wage determined by the Department of Labor)
Requires approval from US Citizenship and Immigration Services which can take several months unless Premium Processing is used

20. H-1B Filing Fees and Obligations
Institution should pay filing fees: $190 I-129 Fee, $500 New Application Anti-Fraud Fee, and an optional $1000 Premium Processing Fee
Department agrees to employ the international employee for the entire period requested on the H-1B application; early termination requires the department to pay the return flight costs for the employee

21. Filing and H-1B
Main documents to file are the I-129 and an approved Labor Condition Application (ETA 9035)
Must also submit all supporting documents from the int’l employee
Department must maintain a public inspection file, which includes the LCA, prevailing wage, actual wage, and proof of the posting of LCAs (even if done through an attorney)

22. H-1B Receipt Notice

23. H-1B I-797 Approval Notice

24. H-1B Approval Notice (I-94 Card)

25. TN – Trade NAFTA

26. TN Visa Cannot hold a permanent position or be a candidate for tenure
No maximum for TN, but limited to 1-year increments of employment approval
Only available to citizens of Canada and Mexico in certain areas of employment (Appendix 1603.D.1)
Perfect for temporary and non-tenure instructor positions or for research positions

27. TN Applications
Most TN’s can be processed outside of the U.S. with a detailed letter of employment and proof that the job falls into the one of the areas of employment (Appendix 1603.D.1)
For changes or extensions for TN within the U.S., institution pays filing fees for TN applicants within the United States: $190 I-129 Fee and an optional $1000 Premium Processing Fee

28. TN I-94

29. TN I-94 Back

30. O-1 Aliens of Extraordinary Ability

31. O-1 Can hold a permanent position and be a candidate for tenure
Limited to 3-years of initial stay, with 1-year extensions possible
Department pays filing fees: $190 I-129 Fee and an optional $1000 Premium Processing Fee
Department agrees to employ the international employee for the entire period requested on the O-1 application; early termination requires the department to pay the return flight costs for the employee
Requires a lot of paperwork and documentation from the department and applicant

32. Why Pursue O-1 H-1B is often much easier to file and to renew
Primary use is for those who are ineligible for H-1B-status because of a 212(e) two year home residency requirement which cannot be waived or for those who have used the full six years of H-1B eligibility

33. What is involved in filing O-1
Uses the I-129 (like the H-1B), but does not require the prevailing wage and LCA form
Documentation is much like the Permanent Residency – EB1 Outstanding Researcher/Professor Category
According to 8 C.F.R. § (o)(5)(i), the institution must consult with an appropriate U.S. peer group and obtain a written advisory opinion regarding the nature of the work to be done and the O-1 applicant’s qualifications for the position.

34. O-1 Approval Notice

35. O-1 Approval for Consular Processing

36. Permanent Residency: The Green Card

37. PR Basics
Int’l employee must hold a permanent position or be a candidate for tenure
Requires a lot of paperwork and documentation from the department and applicant
Perfect for any permanent position or tenure-track position; also perfect transition for H-1B employees who are nearing the end of their H-1B eligibility

38. Which PR Petitions Are Sponsored
In most cases, Universities only sponsor PR Petitions that are based on employment
EB-1 Outstanding Researcher/Professor
EB-2 Advanced Degree Holders
EB-2 Exceptional Ability in the Science, Arts, or Business
EB-3 Professional or Skilled Worker

39. What it takes to file a PR
For labor-based petitions such as the EB-2 and EB-3 categories, Institution must file through PERM with the Department of Labor (even if filing through and attorney)
For the EB-1 Outstanding Researcher/ Professor category, PERM is not necessary

40. Filing PR – The I-140
After labor approval with PERM for EB-2 or EB-3 categories or when int’l employee has submitted all evidence for an EB-1 Outstanding Researcher/ Professor case, institution can file an I-140 Petition for Alien Worker
I-140 filing fee is $195

41. Other steps for PR
For those employees who are getting their PR in the U.S., they must file the I-485 Application to Register Permanent Residence or Adjust Status and supporting documents
UM does not process the I-485 or other forms for employees nor pay for the filing fees, though we will submit the forms (such as with concurrent filing)

42. I-140 Approval Notice

43. I-485 Approval Notice

44. Permanent Resident Card (Green Card)

45. Self-Petitioned Categories

46. Self-Petitioned Employment
B-1/B-2 or Visa Waiver
F-1 OPT
F-1 CPT
J-1 Student Academic Training
EAD Employment Authorization Cards
Permanent Residency (non labor-based)

47. Visitor’s Visa: B-1/B-2 or Visa Waiver

48. Visitor’s Visa: B-1/B-2 or Visa Waiver
Cannot hold any kind of position of employment
Institution pays no immigration filing fees
Stay is limited
Can receive honorarium and reimbursement for travel expenses in limited circumstances
Perfect for a guest lecturer or contractor coming to a school for less than 9 total days

49. B-1/B-2 Visa Stamp

50. B-1 I-94 Card

51. B-1/B-2 Visa Card

52. Visa Waiver – WB/WT

53. F-1 Optional Practical Training

54. F-1 OPT Can hold a permanent position and be a candidate for tenure
Limited to 1-year of authorization, work must be in a field related to the student’s major
Primarily used by recent college graduates
F-1 student must have the employment authorization card before beginning work
Perfect as a transition work authorization, F-1 OPT holders can change status to J-1, O-1, or H-1B

55. Filing for OPT Benefits
F-1 student must file for the OPT with his/her College or University
F-1 student files an I-765 along with an I-20 requesting OPT authorization
Institution pays no immigration filing fees

56. OPT Card

57. F-1 I-20 with OPT Authorization

58. F-1 Visa Stamp

59. F-1 I-94

60. F-1 Curricular Practical Training

61. F-1 Curricular Practical Training
Should NOT hold a permanent position or be a candidate for tenure
No maximum for CPT, but limited to 1-year of authorization at a time
CPT must be done during degree program
Work must be in a field related to the student’s major
Primarily used by students to fulfill practicum or internship requirements
Perfect for internships and short-term research

62. Curricular Practical Training Authorization
F-1 student must file for CPT Authorization with his/her College or University
F-1 student must have the CPT Authorization on his/her I-20 before beginning work
Institution pays no immigration filing fees

63. Page 1 of I-20 with CPT Authorization

64. Page 3 of I-20 with CPT Authorization

65. J-1 Academic Training

66. J-1 Academic Training
Can hold a permanent position and be a candidate for tenure
Limited to 18-months of authorization (36-months for a postdoctoral researcher), work must be in a field related to the student’s major
Primarily used by recent college graduates, can also be used by students to fulfill practicum or internship requirements
Perfect as a transition work authorization, some J-1 Academic Training holders can change status to O-1 or H-1B

67. Filing for Academic Training
J-1 student must file for the Academic Training with his/her College or University
J-1 student must have Academic Training approval on institution that sponsored the DS-2019 before beginning work
Academic training does not show on the DS The RO/ARO has to approve the training in the form of a letter
Institution pays no immigration filing fees

68. EAD Employment Authorization Card

69. Employment Authorization Document
EAD Cards can be issued for many different reasons.
Common authorization areas are:
F-1 OPT
J-2 Employment Authorization
Pending PR Adjustment
Asylee
Refugee

70. EAD Validity
EAD Cards are only valid for work for the dates printed on a card.
Work must stop when the card ends.
Renewals and extensions of cards are only valid for work when the new card has been received (not with a receipt notice or notification)

71. EAD Card

72. Permanent Residency Not Based On Employment

73. PR Self-Petitioned
In PR cases that are not based on employment, the international employee can self-petition
Common areas for self-petitioned cases:
National Interest Waiver (EB-1)
Marriage
Relation to a U.S. Citizen or Permanent Resident
Diversity Visa Lottery

74. Important Web Resources
USCIS (contains info on all visa types and petitions) –
SEVIS -
J-1 Information -
F-1 Information -

75. Important Web Resources
Case Status Page -
Visa Bulletin (for PR) -
Foreign Labor Certification (For LCA’s, PERM, Etc.) -

76. Important Web Resources
Online Wage Library (for determining prevailing wages) -
Visa Policy -

77. Any questions?