Comparison of nonimmigrant classifications
Nonimmigrant options by appointment
Comparison of nonimmigrant classifications [top]
| J-1 | H-1B | E-3 | O-1 | TN | |
| Purpose | Participation in cultural or educational exchange activities - intention cannot be regular employment |
Temporary employment in a specialty occupation | Temporary employment of an Australian citizen in a specialty occupation | Temporary employment of individual w/extraordinary ability or achievement |
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 | 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 request up to 2 years at entry or on petition | Indefinite; can initially request up to 3 years & extend further | Indefinite; can request up to 3 years at entry or on petition, but stay must remain temporary |
| Annual quota | None | 65,000, but universities are exempt | 10,500 | None | None |
| Advantages | Relatively easy process; J-2s can get work authorization | Dual intent; premium processing available for petitions |
Dual intent; no limit on stay; possible even if subject to 212(e); E-3D spouse can get work authorization |
Labor condition app not required; no limit on stay; possible even if subject to 212(e); dual intent; premium processing available for petitions |
Relatively easy process; no limit on stay; possible even if subject to 212(e); premium processing available for petitions |
| 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 rules; H-4 spouse can't work; UH pays for return travel if it terminates employment early; may be ineligible if subject to 212(e) | UH can incur liability under DOL rules; no premium processing for petitions | 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 & TN must keep residence abroad |
| Dual intent? | No | Yes | Yes | Yes | No |
| Fees | SEVIS fee: $180; I-539 (if COS): $290; visa fees |
See USCIS Fees | See USCIS Fees | See USCIS Fees | See USCIS Fees |
| Processing times & offices |
US entry: FSIS issues DS-2019 & US consulate issues visa (3 mos) Change of status (COS): FSIS issues DS-2019 & USCIS approves I-539 (3-4 mos) |
FSIS completes H-1B petition (3 wks-1.5 mos); USCIS approves petition (2-4 mos regular processing or 15 days premium processing) |
US entry: FSIS obtains LCA (2 weeks) from Dept of Labor & CBP admits at port of entry COS/extension/change employer: FSIS completes E-3 petition (3 wks-1.5 mos); USCIS approves petition (2-4 mos) |
FSIS completes H-1B petition (3 wks-1.5 mos); USCIS approves petition (2-4 mos regular processing or 15 days premium processing) |
US entry: CBP admits at port of entry COS/extension/change employer: FSIS completes TN petition (3 wks-1.5 mos); USCIS approves petition (2-4 mos) |
| Additional employment allowed? | Research scholar & professor categories ONLY: Occasional lecture or short-term consultation as independent contractor with FSIS approval |
No, unless concurrent employment is authorized by USCIS approval of H-1B petition filed by other employer | No, unless concurrent employment is authorized by USCIS approval of E-3 petition filed by other employer | No, unless concurrent employment is authorized by USCIS approval of O-1 petition filed by other employer | No, unless concurrent employment is authorized by USCIS approval of TN petition filed by 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 |
J-1 short-term scholar J-1 research scholar J-1 professor* |
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 | |||
* 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 |
J-1 research scholar J-1 short-term scholar |
|
* J-1 professor category: Teaching must be the primary activity.
| APT POSITIONS REQUIRING A BACHELOR'S DEGREE OR HIGHER |
