Overview of Non-Immigrant Visa Options

An Overview of Non-Immigrant 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 non-immigrant classifications mentioned below. The determining factors in determining 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

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

• 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
• 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-2 status

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

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 Deparmtent 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

• J-1 academic training authorized by J-1 Program Sponsor in the form of a letter
• Work must be related to student's field of study
• Maximum period allowable is 18 months (postdoctoral academic training may be authorized for up to 36 months)
• May be authorized for summer employment, upon completion of studies, and occasionally during a course of study