An Overview of Nonimmigrant Visa Options for Temporary Appointments
Guidelines for Hiring International Scholars: Faculty, Researchers, Staff and Students
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 nonimmigrant 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
Nonimmigrant Visa Classifications Used by International Scholars at Penn
B-1 Visa
- May be reimbursed for expenses and, if certain conditions are met, receive an honorarium
- Visa must be obtained from US Consulate abroad
- Letter of invitation may be helpful in obtaining visa
- May enter the US for short periods of time (generally less than six months)
- May apply to USCIS for extension of stay
B-2 Visa
- May be reimbursed for expenses and, if certain conditions are met, receive an honorarium
- Visa must be obtained from US Consulate abroad
- May enter the US for short periods of time (generally less than six months)
- May apply to USCIS for extension of stay
Visa Waiver-WB
- May be reimbursed for expenses and, if certain conditions are met, receive an honorarium
- May enter US for a maximum of 90 days without a visa; must have a nonrefundable round trip ticket
- Letter of invitation may be helpful in obtaining visa
- Available only to citizens of Andorra, Austria, Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, San Marino, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom
Visa Waiver-WT
- May be reimbursed for expenses and, if certain conditions are met, receive an honorarium
- May enter US for a maximum of 90 days without a visa; must have a nonrefundable round trip ticket. Available only to citizens of Andorra, Austria, Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, San Marino, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom
J-1 Visa
- 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 an DS-2019 form (Certificate of Eligibility) by ISSS or outside sponsoring organization, e.g. Council for International Exchange of Scholars (CIES)
- Must obtain J-1 visa stamp at US consulate overseas or have a USCIS-approved change of status to J-1
- J-1 "research scholar" and "professor" category is limited to three 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 US 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 for expenses
- May be given honorarium, stipend or salary, but only by the J-1 sponsor. Special permission must be obtained to accept payment for other incidental employment
- 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 Worker Status
- Must be an employee of the University of Pennsylvania (The H-1B is employer-specific.)
- Must petition USCIS for approval
- 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
- May receive reimbursements, honoraria, stipends, salary from Penn
- 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.
- Must be an employee of the University of Pennsylvania
- Application requires extensive demonstration and documentation of need and ability
- Granted for an initial period of up to three years; indefinite annual extensions
Scholars in F-1 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
- Total period allowable is 12 months; nonrenewable
- Must be approved by USCIS, except in the case of curricular practical training which is authorized by the college or university.
Scholars in J-1 Student Academic Training Status
- J-1 academic training authorized by J-1 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.
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 requested in increments of up to three years, with unlimited extensions.
- Applies to only certain professions, most teaching and research positions (Cannot be used for physicians with clinical responsibilities)
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