Employment Statuses for Foreign Nationals in the U.S.

Introduction

This guide provides a basic overview of the most common immigration categories for employing non-students at the University of Chicago. It does not provide application instructions or details on which category may be best for a particular appointment or individual. Since each situation may involve unique factors, it is always appropriate to check with the Office of International Affairs (OIA). Please also note that immigration regulations can change.

It is also important to note that there are two ways for an individual to obtain an immigration status:

  1. By presenting appropriate documents to a United States Customs and Border Protection (USCBP) officer at a U.S. Port of Entry and being granted admission in a particular status. Except for Canadians, this may involve applying for an entry visa at a U.S. consulate overseas prior to departure for the U.S.
  2. By being present in the U.S. and arranging an affiliation with the University of Chicago either by transferring or changing to a different status.

Please note that this guide does not include information on fees applicable to certain statuses, visa application fees or visa fees. For up-to-date fee information, please see the web site of the U.S. Citizenship and Immigration Services.

For more information on specific statuses or forms, please visit the OIA web site.

We hope you find this guide helpful. Please let us know if you have questions or suggestions regarding this material.

For information on a particular status, please select from this list:

To determine with whom best to consult regarding a particular status, please refer to the list of OIA Staff or call our office at (773) 702-7752 and ask to be referred.

F-1 Optional Practical Trainee

Description: Optional practical training is work authorization for an F-1 student. It can be full- or part-time during a vacation term, part-time while classes are in session, full- or part-time after completion of coursework while working on a thesis or dissertation, or full-time after completion of studies. It is endorsed by the F-1 student's school and authorized by USCIS.

Maximum Stay: 12 months per level of study, e.g. 12 months after Bachelor's Degree, another 12 months after Master's Degree, etc. The University of Chicago is not an E-Verify Employer and we are therefore not able to sponsor STEM* extensions for eligible employees. *STEM=Science, Technology, Engineering, Mathematics

Processing Time: Usually 3-4 months.

Eligibility: After nine months in lawful non-immigrant status.

Restrictions/Limitations: Employment must be related to the field of study and commensurate with the level of study.

Advantages:

  • Employer is not involved in the application process.
  • Authorization is not employer specific.

Disadvantages:

  • Time limit is strict.
  • USCIS approval takes time.

Dependents: Spouse and minor children are granted F-2 status which does not allow study or employment.

J-1 Visiting Professor or Researcher

Description: The visiting J-1 Professor category is for individuals coming primarily to teach, lecture, observe, or consult, while the Research Scholar category is for individuals coming primarily to conduct research, or observe or consult in conjunction with a research project.

Maximum stay: Five years; extensions are possible up to the five year maximum

Processing Time: Generally thirty days from time request received at OIA to start date, depending on consulate availability for visa appointment

Eligibility: Individual must have an appointment and sufficient financial support

Restrictions/Limitations:

  • Two year home-residency requirement may apply
  • Cannot be used for a tenure-track position
  • Visitors currently in the U.S. needing to change staus o J-1 need to leave the country and apply for J-1 status at a U.S. consulate abroad before beginning/continuing appointment
  • Anyone who is physically present in the United States for 6 months or more as a J-1 Student, Specialist or Intern or a J-2 dependent must be out of J status for twelve months before being eligible to begin a new J-1 Professor or Research Scholar program in J-1 status at the University of Chicago (unless the visitor was in the Short-Term Scholar category or transfers to the University of Chicago)
  • Anyone who has held J-1 Research Scholar of J-1 Professor status is not eligible to start a new program in either of these two categories for two years after the completion of such a program

Advantages:

  • Process is short and easy
  • Allows for up to five years of activity at the University of Chicago
  • Allows payment of honoraria or employment (OIA's approval required for honoraria received from outside sources)

Dependents: Spouse and minor children are granted J-2 status which allows for full-time study and applications for employment authorization

NOTE: A J-1 Exchange Visitor who has received direct government funding (home or U.S.), whose field of study or expertise appears on a list of skills deemed important to the home country, or who is a medical resident, must spend two years in their home country to be eligible for H , K, L or permanent residency (green card) status. Such an individual is ineligible for H-1B, K and L-1 status or permanent residence until the requirement has been fulfilled or until a waiver has been obtained. Waivers can take considerable time to obtain. For more information about waivers, please see: https://travel.state.gov/content/visas/en/study-exchange/student/residency-waiver.html

J-1 Short-term Scholar

Description: The short-term scholar category is for an individual coming briefly to lecture, observe, consult, train, or demonstrate special skills.

Maximum Stay: 6 months with no extensions

Processing Time: Generally thirty days from time request received at OIA to start date, depending on consulate availability for visa appointments

Eligibility: Individual must have an appointment and sufficient financial support

Restrictions/Limitations:

  • Two year home-residency requirement may apply
  • Cannot be used for a tenure-track position
  • Visitors currently in the U.S. needing to change staus o J-1 need to leave the country and apply for J-1 status at a U.S. consulate abroad before beginning/continuing appointment

Advantages:

  • Process is short and easy
  • Can be used to bring scholars to the University who are temporarily ineligible for J-1 Research Scholar or Visiting Professor categories
  • Allows for up to six months of activity at the University of Chicago
  • Allows payment of honoraria or employment

Dependents: Spouse and minor children are granted J-2 status which allows for full-time study and applications for employment authorization.

NOTE: A J-1 Exchange Visitor who has received direct government funding (home or U.S.), whose field of study or expertise appears on a list of skills deemed important to the home country, or who is a medical resident, must spend two years in their home country to be eligible for H , K, L or permanent residency (green card) status. Such an individual is ineligible for H-1B, K and L-1 status or permanent residence until the requirement has been fulfilled or until a waiver has been obtained. Waivers can take considerable time to obtain. For more information about waivers, please see: https://travel.state.gov/content/visas/en/study-exchange/student/residency-waiver.html

J-1 Academic Trainee

Description: A J-1 student may be authorized by his/her J-1 program sponsor to accept employment which is related to the field of study.

Maximum Stay:

  • 18 months or the length of time spent studying in J-1 status, whichever is less.
  • After receipt of a Ph.D., 36 months or the length of time spent studying in J-1 status, whichever is less.

Processing Time: As required by the J-1 program sponsor, normally not more than a few days.

Eligibility: Must have a specific job offer.

Restrictions/ Limitations:

  • The authorization is employer specific.
  • Two year home-residency requirement may apply.

Advantages:

  • Processing time is usually short.
  • Employer must only provide confirmation of employment.

Disadvantages: Authorization is at the discretion of the J-1 sponsor.

Dependents: Spouse and minor children are granted J-2 status which allows for full-time study and applications for employment authorization.

NOTE: A J-1 Exchange Visitor who has received direct government funding (home or U.S.), whose field of study or expertise appears on a list of skills deemed important to the home country, or who is a medical resident, must spend two years in their home country to be eligible for H , K, L or permanent residency (green card) status. Such an individual is ineligible for H-1B, K and L-1 status or permanent residence until the requirement has been fulfilled or until a waiver has been obtained. Waivers can take considerable time to obtain. For more information about waivers, please see: https://travel.state.gov/content/visas/en/study-exchange/student/residency-waiver.html

J-2 Dependent

Description: A J-2 dependent (the spouse or minor child of a J-1 Exchange Visitor) may apply to the USCIS for work authorization.

Maximum Stay: One year increments or for the length of authorized stay of the J-1, whichever is shorter

Processing Time: Varies and can be as long as 3-4 months

Eligibility: All J-2s are eligible

Restrictions/ Limitations:

  • J-2 must show that the J-1 has sufficient resources to support basic living expenses and that the earnings of the J-2 will not support the J-1
  • Must be physically present in U.S. in J-2 status to apply

Advantages:

  • Application does not involve the employer
  • Valid for any type of employment

Disadvantages:

  • Two year home-residency requirement may apply (regardless of work authorization)*
  • Must reapply each year

*A Dependent of a J-1 Exchange Visitor who has received direct government funding (home or U.S.), whose field of study appears on a list of skills deemed important to the home country, or who is a medical resident, must spend two years in their home country to be eligible for H , K, L or permanent residency (green card) status. Such an individual is ineligible for H-1B, K and L-1 status or permanent residence until the requirement has been fulfilled or until a waiver has been obtained. Waivers can take considerable time to obtain. For more information about waivers, please see: https://travel.state.gov/content/visas/en/study-exchange/student/residency-waiver.html

H-1B Specialty Worker

Description: H-1B is a temporary status available for certain nonimmigrant employees. The petition to USCIS must be filed by the employer on the employee's behalf.

Maximum Stay: Cumulative total of six years, including any prior time spent in H-1B or L status

Processing Time: 45-75 days for initial requests with premium processing, extensions and ports; 5-7 months initial requests with regular processing

Eligibility: H-1B Specialty Worker status is available for nonimmigrants who qualify in a specialty occupation by license, degree, or equivalent experience (generally at least a bachelor's degree is required), and who are not subject to the two-year home residency requirement (see J-1 Status).

Restrictions/Limitations:

  • If the individual has previously held J-1 status, he/she may be subject to the two-year home residency requirement (see J-1 Status)
  • Beneficiary may only work for an employer who petitioned for H-1B status on his/her behalf (but can have several employers simultaneously, as long as each has petitioned)
  • Beneficiary may not receive any compensation from anyone other than employer/sponsor, including honorariums
  • Salary must meet prevailing wage requirements
  • A new H-1B employee may enter the U.S. no earlier than 10 days prior to the employment start date, and must leave the U.S. no later than 10 days after the date employment ends

Advantages: Allows for "dual intent" to change from nonimmigrant to permanent resident status.

Disadvantages:

  • Extensive processing on part of department which can be time-consuming
  • Prevailing wage necessary

Dependents: Spouse and children of H-1B are generally granted H-4 status, which allows for full-time study but does not allow for employment

TN Worker (Canadian and Mexican citizens only)

Description: TN is a nonimmigrant status granted solely to Canadian and Mexican citizens who are NAFTA professionals and are offered temporary employment by a U.S. employer. The procedures for obtaining this status differ for Canadian and Mexican citizens.

Maximum Stay: Indefinite, but status must be renewed every three years.

Processing Time:

For Canadian Citizens: 2-3 weeks from request to start date if willing to travel or are currently outside the U.S.  4-7 months if employee is inside the U.S. and unable to travel to border to change status.

For Mexican Citizens: Generally 30-45 days from request to start, depending on visa appointment times.  4-7 months if employee is inside the U.S. and unable to travel to consulate to apply for visa.

Eligibility: TN status is available for professionals who hold at least a bachelor's degree and/or appropriate professional credentials, and whose occupations are found on the Listing of Professional Occupations (Appendix 1603.D.1 of NAFTA).

Restrictions/Limitations:

  • Beneficiary may only work for the U.S. employer who provided the initial offer of employment for gaining TN status

Advantages:

  • Much simpler application process
  • Canadians do not need to visit consulate, may apply at border
  • No filing fees for those changing status at border/consulate
  • TN status can be renewed indefinitely
  • No prevailing wage necessary

Disadvantages:

  • Mexican citizens must apply for visa at U.S. consulate abroad
  • Temporary-intent; not intended for employees with permanent residency intentions

Dependents: Spouse and children of TNs are granted TD status, which allows for full-time study but does not allow for employment

E-3 Worker (Australian citizens only)

Description: E-3 is a nonimmigrant status granted solely to Australian professionals who are offered temporary employment by a US employer. The procedures for obtaining this status are very similar to that for obtaining H-1B status. USCIS is still developing procedures for Change of Status to E-3 within the US, so beneficiaries have to depart and re-enter the US to obtain E-3 status.

Maximum Stay: Initial period of staty is 2 years. Up to 2 years per extension; no maximum number of extensions, with some exceptions.

Processing Time: Generally 4-605 days from request to start, depending on visa appointment times.  4-7 months if employee is inside the U.S. and unable to travel to consulate to apply for visa.

Eligibility: E-3 status is available professionals that are citizens of Australia who hold at least a bachelor's degree and/or appropriate professional credentials and have a legitimate offer of employment in the U.S. for a specialty occupation.

Restrictions/Limitations:

  • Beneficiary may only work for the U.S. employer who provided the initial offer of employment for gaining E-3 status

Advantages:

  • Relatively simple application process
  • E-3 status can be renewed indefinitely

Disadvantages:

  • Limited to two year (but renewable)
  • Prevailing wage and Labor Condition Application required

Dependents: Spouse of E-3s can obtain employment authorization once inthe U.S.