Comparison of nonimmigrant classifications
Nonimmigrant options by appointment
Comparison of nonimmigrant classifications [top]
| J-1 | H-1B | O-1 | TN | |
| Purpose | Participation in cultural or educational exchange | Temporary employment in a specialty occupation | Temporary employment of alien w/extraordinary ability | Temporary employment of professional under NAFTA |
|
Minimum eligibility criteria |
UH appt to teach/conduct research; proof of financial support for program |
Position must require at least a bachelor's degree & be in a specialty occupation | Proof of sustained extraordinary scholarly/athletic/artistic acclaim | Citizen of Canada or Mexico; position on list of occupations & person meets minimum ed/credential requirements |
| U.S. income? | Possible, but may not | Yes | ||
| Likely tax status | Resident alien if meets substantial presence test | Resident alien | ||
| Maximum period of stay | 6 months - 5 years, depending on J-1 category | 6 years; can extend further if labor cert app or I-140 filed | Indefinite; can initially request up to 3 years & extend further | Indefinite; can request 1 year at entry & extend annually but stay must remain temporary |
| Annual quota | None | 65,000, but higher ed employees are exempt | None | None |
| Advantages | Relatively easy process; J-2 spouse can obtain work authorization | Dual intent | Labor condition app not required; no limit on stay; possible even if subject to 212(e); dual intent | Relatively easy process; no limit on stay; possible even if subject to 212(e) |
| Disadvantages | 2-yr home country residence requirement (212(e)) attaches if funded by home govt, on skills list, or medical trainee; no dual intent | UH can incur liability under DOL rule; H-4 spouse can't work; UH pays for return travel if it terminates employment early; may be ineligible if subject to 212(e) | Extensive documentation; UH pays for return travel if it terminates employment early; O-3 spouse can't work | Must renew yearly; TD spouse can't work; no dual intent so can only use for temp positions & alien must keep residence abroad |
| Dual intent? | No | Yes | Yes | No |
| Fees | SEVIS fee: $180; I-539 (if COS): $300; visa application fees |
See USCIS Fees | See USCIS Fees | See USCIS Fees |
| Processing times & offices |
Entry from abroad: UH FSIS & US consulate; 3 mos Change of status (COS): FSIS & USCIS; 3-4 mos |
2-3 mos at USCIS | 2-3 mos at USCIS |
Entry from abroad: Processing done at port of entry by CBP COS or extension: 2-3 mos at USCIS |
| Additional employment allowed? | Occasional lecture or short-term consultation as independent contractor with FSIS authorization | No, unless concurrent employment is authorized by USCIS approval of I-129 filed by the other employer | No, unless concurrent employment is authorized by USCIS approval of I-129 filed by the other employer | No, unless concurrent employment is authorized by USCIS approval of I-129 filed by the other employer |
OTHER NONIMMIGRANT CLASSIFICATIONS
Other nonimmigrants can be employed in some UH positions, subject to certain conditions:
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F-1 student with Optional Practical Training (OPT): Must have USCIS-issued Employment Authorization Document (EAD); limits on duration exist; employment must be relevant to academic degree program. For more information, contact the appropriate international student services office.
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J-1 student with academic training: Must be authorized by Responsible Officer of the J-1 program sponsor; 18-month limit that can be extended to 36 months if completing postdoctoral research training.
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J-2 dependent: Must have EAD; duration limited by J-1's program.
Nonimmigrant options by appointment [top]
| SHORT-TERM VISITORS | |||
| No funding from UH | UH reimbursing expenses only | UH paying honorarium/stipend | |
| Visit is 6 months or less | B-1/WB B-2/WT J-1 short-term scholar J-1 research scholar J-1 professor* |
B-1/WB J-1 short-term scholar J-1 research scholar J-1 professor* J-1 specialist |
J-1 short-term scholar J-1 professor* J-1 research scholar J-1 specialist |
| Visit is 9 days or less | B-1/WB+ B-2/WT+ |
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* J-1 professor category: Teaching must be the primary activity.
+ 9-5-6 Exception: Visitors in B-1, B-2, WB or WT status may accept honoraria or reimbursements of incidental expenses for usual academic activities (e.g. attending a conference, giving a speech, lecturing, meeting with colleagues) if they are at UH for 9 days or less and accepted payment from no more than 5 educational/research institutions in the previous 6 months.
| FACULTY & RESEARCH POSITIONS | ||
| Visiting/temporary positions | Postdoc positions with stipends | Tenure-track positions |
| J-1 professor* J-1 research scholar H-1B TN O-1 |
J-1 research scholar J-1 short-term scholar |
H-1B O-1 |
* J-1 professor category: Teaching must be the primary activity.
| APT POSITIONS REQUIRING A BACHELOR'S DEGREE OR HIGHER |
