Skip Navigation

OIS Nonimmigrant Classification Reference Guide

Nonimmigrant Classification Reference Guide

Type of VisaPossible Inocme From U.S. SourcesEligibility CriteiraMax Length of Stay in the U.S.AdvantagesDisadvantagesSupporting Documentation NeededOIS RolePreferred Notice to OISMinimum Notice to OIS
J-1 Professors and Research ScholarsUnlimited income from OU; allowed financial support from foreign and person sourcesInvitation to teach, lecture or conduct research; indication of adequate financial support for length of programUp to 5 calendar years on a use-or-lose basisRelatively easy and quick to obtain; may be self-funded; spouse may apply for work authorizationMay be suject to two-year home residency requirement; cannot change program objective; 2-year bar applies at end of program participationCertificate of Eligibility from program sponsor with details of program objectives and evidence of financial supportAdvise and process for issuance of DS-20196 mos.90 days
H-1B Nonimmigrant WorkerUnlimited income and university; no other income unless holds concurrent H-1B with another employerPossession of professional degree and skills; indication that position to be filled requires professional skills and is temporaryFirst period up to 3 years, renewable to total of 6 yearsAllowed to have dual intent to immigrate not subject to 2-year home residency requirementExtensive supporting documentation needed; must pay a prevailing wageHighest US degree or evidence of US equivalent; employer letter, certified Labor Condition Application and moreAdvise, prepare, and submit petition to USCIS6 mos.90 days
O-1 Nonimmigrant WorkerUnlimited income from university, no other income unless holds concurrent O-1 with other employerPossession of professional degree and skills; demonstration of extraordinary ability; indication that position to be filled is an event that is temporary in natureFirst period up to 3 years, renewable annually; no specified time limit; based on duration of valid eventNot restricted by being subject to 2-year home residency requirement; no prevailing wage requirementExtensive supporting documentation needed to demonstrate that the beneficiary is outstandingLetter of consultation from peer group; letter of recommendation; same degree requirements as above, and moreAdvise, prepare, and submit petition to USCIS for extension of stay6 mos.90 day
TN/NAFTA Nonimmigrant WorkerUnlimited income from university; no other income without approval for new employerPossession of qualifying professional degree or licensure; indication that position to be filled is temporary in natureOne year; renewable annuallyNo prevailing wage requirement; Canadian TN is quick and easy to obtain through border entryLimited to Canadian and Mexican citizens (Mexican TN process similar to H-1B); cannot adjust to permanent statusProof of qualifying citizenship; original degree diploma; letter of support from hiring department; other proof for Mexican TNAdvise, prepare, and submit petition for extension of stay6 mos.90 days
B-1/B-2 Visitor for Business/PleasureHonorarium and/or reimbursement for travel and subsistence, possible, but no salaryProof of academic or business purpose for visit to the U.S.No more than 1 year - renewable in excrements of 6 months (exceptions may apply)Quick and relatively easy to obtain and use many times; no government form or petition requiredLimited stay in the U.S.; may not be paid a salary; cannot stay for more than 9 days at any one university if being paidInvitation letter with dates and purpose of visit; proof of adequate funds; evidence of permanent residence in the home countryAdvise and counselN/AN/A
WB (Waiver of Business) or WT (Waiver of Tourist)Honorarium and/or reimbursement for travel & subsistence, possible, but no salaryWB: See B-1
WT: See B-2
Only applicable if from designated visa waiver country
90 daysNo need to visit US ConsulateWB: see B-1
WT: see B-2
No extensions or change of immigration status possible
WB: see B-1
WT: see B-2
Advise and counselN/AN/A
PERM for Labor Certification (Green Card)Minimum income requirement to be paid by university; no maximum limitDemonstration of no minimally qualified U.S. workers available for hire; proof of qualifying education and skillsN/AObtains permanent resident status; no more need to extend visa statusComplex and lengthy processRecruitment efforts; degree, certificates and/or license, etc.Advise, prepare, and submit to regulatory agencies*9 mos.*6 mos.
EB-1 Outstanding Professor or Researcher (Green Card)Income must be equitable for occupation; no maximum limit from universityEvidence of outstanding merit and proof of international recognition in the academic field; permanent job offerN/ABypasses the PERM process; obtains permanent resident status; no more need to extend visa statusDetail-oriented process; compiling evidence can be burdensomeOffer letter; awards, memberships, citations, publications, and more; minimum 3 years experienceAdvise, prepare, and submit petitions to USCIS*6 mos.*6 mos.

*Candidates for permanent resident sponsorship must have a minimum of 18-month validity remained as a nonimmigrant worker.