Overview Of Nonimmigrant Visa Options

An Overview of Nonimmigrant Visa Options for Temporary Appointments

An international scholar is normally defined as an alien who holds nonimmigrant status and is engaged temporarily in a scholarly activity, i.e. teaching, conducting research, observing, etc. Temporary appointments are most often covered by one of the several nonimmigrant classifications mentioned below.

The determining factors of which status is most appropriate and advantageous include:

whether the person is to receive compensation of any sort from the university
the length of stay
the future plans of both the individual and the hiring unit

Visa Options

J-1 Exchange Visitors

Available to visiting scholars, postdoctoral fellows, visiting and temporary faculty and research staff
Cannot be used for a tenure-track or tenured faculty position or for a "staff" position
Must be issued a Form DS-2019 (Certificate of Eligibility) by ISSSS or outside sponsoring organization, e.g. Council for the International Exchange of Scholars (CIES)
Must obtain J-1 visa stamp at U.S. consulate overseas or have an USCIS approved change of status to J-1
J-1 "research scholar" and "professor" category is limited to five years
J-1 "short-term scholar" is limited to a six month stay
May apply for a change of status. Note some exchange visitors are subject to the two year home country residence requirement and may not change to another visa status without first complying with the requirement or obtaining a waiver of the requirement
If scholar has held J status (including J student, researcher, professor, specialists or dependent) in the U.S. for more than six months during the preceding 12 months, they are not eligible for a J-1 research scholar or professor status
May be reimbursed with written permission from ISSS for certain expenses
Dependents of J-1 exchange visitors, those holding J-2 status, may work, but only with the prior permission of the USCIS

H-1B Temporary Workers

Must be an employee of Temple University (The H-1B is employer-specific)
An H-1B alien must be able to show that he or she possess the required U.S. bachelor's or higher degree (or its equivalent) in the specific specialty; position must require a minimum of a Bachelor's degree
Hiring Department must petition USCIS for approval through ISSS
Must be paid "prevailing wage," per a Department of Labor determination
Must obtain H-1B visa overseas or have an USCIS approved change of status to H-1B
H-1B status is initially granted for a maximum period of three years and can be extended to a total of six years (regardless of the number of employers)
May apply for a change of status
Dependents of H-1B temporary workers, those holding H-4 status, may not work

O-1 Status for Aliens of Extraordinary Ability or Achievement

For individuals recognized by their peers and colleagues as having "a level of expertise indicating that the person is one of the small percentage who have risen to the very top of his or her field." The individual must have made unique contributions to his or her field and play an integral or critical role in a program, project or department
Must demonstrate national and international prominence
Employer-specfic, so Approval Notice must list Temple University
Application requires extensive demonstration and documentation of need and ability
Granted for an initial period of up to three years; indefinite annual extensions

TN-1 Status

Available only to Canadian and Mexican citizens
Must be an employee of the University
May be obtained initially at Class 'A' border crossing or international airports
Must show letter of job offer and educational credentials to obtain status at the port of entry
May be applied in one year increments only, with unlimited extensions
Applies to only certain professions, most teaching and research positions (Cannot be used for physicians with clinical responsibilities)

E-3 Australian Specialty Occupation Workers

Allows aliens who are nationals of the Commonwealth of Australia to come to the United States to perform services in a "specialty occupation"
Must possess the required U.S. bachelor's or higher degree (or its equivalent) in the specific specialty; position must require a minimum of a Bachelor's degree
Employers must file an LCA (contact ISSS) (The same general rules for LCA processing that apply to H-1B nonimmigrants will also be used for E-3 LCA.)
If abroad, an Australian citizen must first obtain an E-3 visa. No I-129 petition is necessary; if already in the US, s/he can apply to change status to E-3 if otherwise eligible
E-3 Specialty Occupation Workers may be admitted initially for a period not to exceed the validity period of the accompanying E-3 labor attestation (i.e., for a maximum of two years), and extensions of stay may be granted indefinitely in increments not to exceed the validity period of the accompanying E-3 labor attestation (i.e., for increments of up to two years each).
Spouses of E-3 visa holders can also apply for an EAD to work in the United States

F-1 Students with Practical Training

F-1 practical training recommended by student's college or university for a position related to the student's field of student. Approval from USCIS in form of an Employment Authorization Document
May be authorized for summer employment, upon completion of study or occasionally during a course of study
Must be approved by USCIS, except in the case of curricular practical training which is authorized by the college or university.

J-1 Students With Academic Training

B-1 Visa

May receive an honorarium and be reimbursed for expenses for no more than 9 consecutive days
Visa must be obtained from U.S. Consulate abroad
Letter of invitation may be helpful in obtaining visa
May enter the U.S. for short periods of time (generally less than six months)
May apply to USCIS for extension of stay
Inviting Department should contact Human Resources for more information on paying a foreign national holding B-1 status

B-2 Visa

Visa Waiver-WB or WT

May receive an honorarium and be reimbursed for expenses for no more than 9 consecutive days
May enter U.S. for a maximum of 90 days without a visa; must have a non-refundable round trip ticket
Letter of invitation may be helpful in obtaining visa
Available only to citizens of certain countries
May not apply to USCIS for extension of stay
Inviting Department should contact Human Resources for more information on paying a foreign national holding WT/WB status

International Student
and Scholar Services

Overview Of Nonimmigrant Visa Options

Visa Options

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International Studentand Scholar Services

Visa Options

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International Student
and Scholar Services

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