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News:

FSIS website under construction
Starting September 20, 2013, we'll be making changes to the format of our website. We ask for your patience as this may be a lengthy process. Contact Signe at signen@hawaii.edu if you have problems with website functionality or navigation.

New I-94 procedure
From April 30, 2013, U.S. Customs and Border Protection (CBP) will begin implementing a paperless I-94 procedure at U.S. air and sea ports of entry.

EB immigrant visa availability
U.S. Department of State's monthly Visa Bulletin


Visa Options for UH Appointments


 

Visa options by type of UH appointment

Side-by-side comparison of nonimmigrant classifications

 


Visa options by type of UH 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+

* 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 & Researchers
Postdocs & other researchers paid by stipends Non-tenure track salaried positions with fixed end dates (non-renewable) Non-tenure track salaried positions without fixed end dates (renewable/indefinite)* Tenure-track positions*

J-1 research scholar

J-1 short-term scholar

J-1 professor (teaching must be main activity)

J-1 research scholar

H-1B

E-3

TN

O-1

H-1B

E-3

TN

O-1

H-1B

E-3

O-1

 


APTs*

H-1B

E-3

TN

 

*J-1 classification is intended strictly for temporary educational or cultural exchange activities and therefore is not an option for APT and most faculty (BU 7) positions. UH units must request qualifying visa types for faculty positions without a pre-determined fixed duration (i.e. tenure-track as well as non-tenure track positions that are renewable annually on an indefinite basis) and for all APT positions. The J-1 classification also cannot be used by departments as an initial screening mechanism to determine whether to hire an individual into an indefinite employment position at a later date.

 


Side-by-side 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 not required
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:

  • 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. Additioanlly, F-1s on OPT STEM extensions may only work for employers that are enrolled in E-Verify AND participate in STEM extension hiring. To be authorized to work for an employer while on a STEM extension, the F-1 must notify his/her school. For more information, contact the appropriate international student services office.
  • 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.
  • J-2 dependent: Must have EAD; duration limited by J-1's program.

 

 

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