NON-IMMIGRANT VISA CATEGORIES MOST COMMONLY USED AT UT-AUSTIN

 

TYPE OF VISA (IMMIGRATION STATUS)

POSIBLE INCOME FROM US SOURCES`

PROBABLE TAX STATUS**

 

ELIGIBILITY CRITERIA

MAXIMUM LENGTH STAY IN  US

ADVANTAGES

DISADVANTAGES

SUPPORTING DOCUMENTATION NEEDED

GOVıT FORMS

 

B-1/B-2 VISITOR FOR BUSINESS/

PLEASURE*

Honorarium  and/or reimbursement for travel and subsistence, possible, but no salary*

Nonresident Alien

Proof of academic or business purpose for visit to United States

6 months -renewable to 12 months

Quick and relatively easy to obtain and use many times; no government form or petition required

Limited stay in US; may not be paid a salary. Cannot stay for more than 9 days at any one university if being paid.

Invitation letter with dates and purpose of visit; proof of adequate funds; evidence of return ticket

NONE

WB (WAIVER OF BUSINESS)*

or

WT (WAIVER OF TOURIST)*

Honorarium  and/or reimbursement for travel and subsistence, possible, but no salary*

Nonresident Alien

WB:  See B-1

WT:  See B-2

Only applicable if from designated visa waiver country

90 days

No need to visit US Consulate

WB:  see B-1

WT:  see B-2

No extensions or change of immigration status possible

WB:  see B-1

WT:  see B-2

 

NONE

 

F-1 STUDENT

Employment on campus permitted: off campus allowed only in case of unexpected need after 1 year in the US. 12 months practical training permitted.

Nonresident Alien for five years

Admission to academic course of study; evidence of adequate financial support for length of program; indication of adequate English proficiency.

As long as academic progress continues

Easy to move to other status when applicable; not subject to home country residence requirement

Off-campus work severely limited except for post-degree practical training (12 mo.); spouse unable to work

Proof of academic admission; evidence of financial support for length of program

I-20 AB

 

J-1 EXCHANGE VISITOR

(STUDENTS)

 

Unlimited income for on or off campus work with sponsorıs approval;  up to 18 months post-degree academic training permitted (Postdoctoral work may qualify for up to 36 months).

Nonresident Alien for five years

Invitation to academic program with sponsorship; evidence of adequate financial support for length of program

As long as academic progress continues

Relatively quick and easy to obtain; easier to get off campus work permit than as an F-1; spouse may work

May be subject to 2 year home residence requirement ; cannot change program objective; cannot be self-funded

Proof of academic admission; DS-2019 from program sponsor with details of academic objectives and financial support

DS-2019

 

J-1 EXCHANGE VISITOR (PROFESSORS AND RESEARCHERS)

Unlimited income for work on campus in pursuit of academic objective; off campus work permit difficult to obtain, especially in industry

Nonresident Alien for two years

Invitation to teach, lecture or conduct research; indication of adequate financial support for length of program

Up to 3 years

Relatively easy and quick to obtain;  may be self-funded; spouse may work

May be subject to 2 year home residence requirement ; cannot change program objective; limitation of stay

DS-2019 from program sponsor with details of academic objectives and financial support

DS-2019

 

H-1B TEMPORARY WORKER

Unlimited income from UT; no other income without petition from new employer

Resident Alien if present  in the U.S. over 183 days

Possession of professional degree and skills; indication that position to be filled requires professional skills and is temporary

First period up to 3 years, renewable to total of 6 years***

May have long term intent to immigrate; not subject to home country residence requirement

Lots of supporting documentation needed; must pay a prevailing wage.

Certified copy of highest degree; employer letter,  LCA and moreŠ.

I-129

 

O-1

Unlimited income from UT, no other income without petition for new employer

Resident Alien if present in the U.S. over 183 days

Possession of professional degree and skills; demonstration of outstanding ability; indication that position to be filled is an event that is temporary in nature

First period up to 3 years, renewable annually

Not restricted by being subject to 212(e); no prevailing wage requirement

Lots of supporting documentation needed to demonstrate that the beneficiary is outstanding

Letter of consultation from peer group; letter of recommendation; same degree requirements as above, and moreŠ

I-129

 

TN

Unlimited income from UT; no other income without approval for new employer

Resident Alien if present in the U.S. over 183 days

Possession of qualifying professional degree or licensure; indication that position to be filled is temporary in nature

One year; renewable annually

No prevailing wage requirement; Canadian TN is quick and easy to obtain through border entry

Limited to Canadian and Mexican citizens (Mexican TN process similar to H-1B)

Proof of qualifying citizenship; original degree diploma; letter of support from  hiring department; other proof for Mexican TN

I-129 (Mexican TN or renewal of TN status)

 

*A visitor status  holder is limited to 5 payments in a 6 month time period, no stay  longer than 9 days at any college or university. **May receive tax exemption through treaty  ** *Extended periods possible under

conditions of AC21.  NAFSA: Association of International Educators initially produced this chart.  It has been modified from the original.  4 Feb 2003