NON-IMMIGRANT VISA CATEGORIES MOST COMMONLY USED AT UVA
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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 |
GOVT 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 sponsorπs
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 more |
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 more |
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