TN - NAFTA Treaty with Canada and Mexico | E-3 Australian Free Trade Agreement (AUSFTA) | O-1 | |
Eligibility | Citizens of Canada or Mexico Profession must be on NAFTA Treaty list Must possess minimum qualification for profession Stay must be temporary in nature | Citizens of Australia Position must be in a specialty occupation Minimum wage requirement as determined by U.S. Department of Labor Stay must be temporary in nature | Achieved and sustained national or international acclaim for extraordinary ability Employment in extraordinary ability area Stay must be temporary in nature Option even if J-1 subject to 212(e) |
Maximum stay | Admitted to U.S. for up to 3 years initially Extensions up to 3 years at a time No limit (but stay remains temporary) | Can request up to 24 months for initial E-3 No limit (but stay remains temporary) | Can request up to 36 months for initial O-1 Extensions for 12 months at a time No limit (but stay remains temporary) |
Estimated processing time | 1–2 weeks for Canadians as no visa needed 1 month for Mexicans for TN visa 4–6 months if in the U.S. | 1 month if currently abroad 4–6 months if in U.S. Additional 4–6 weeks for E-3 visa if abroad | 4–6 months for initial O-1 Additional 4–6 weeks for O-1 visa, if needed |
Costs to department | $0 for overseas visa option $1,210 for change of status within the U.S. $1,210 for extension within the U.S. | $0 for overseas visa option Fees if currently in U.S. in another status: $750 ISSO Scholar Fee $460 Application Fee to DHS $1,410 Premium Processing Fee to DHS (optional for 15-day USCIS expedited processing) | $750 ISSO Scholar Fee $460 Application Fee to DHS $1,410 Premium Processing Fee (optional for 15-day USCIS expedited processing) |
Departmental request | No request made Cystart Form: Add New Person (if not a former ISU student, scholar or employee) Cystart Form: Other Visiting Scholar/Employee Other Forms: Export Control Worksheet | Request made through Cystart Cystart Form: Add New Person (if not a former ISU student, scholar or employee) Cystart Form: H-1B Employee Application Other Forms: Export Control Worksheet | Request made through Cystart Cystart Form: Add New Person (if not a former ISU student, scholar or employee) Cystart Form: J-1 Application Other Forms: Export Control Worksheet |
Who is involved? | U.S. school from which student graduated USCIS | Hiring department ISSO DOL and USCIS U.S. Embassy if candidate is abroad | Hiring department ISSO U.S. Embassy if candidate is abroad |
Notes | Must prepare job offer letter $1,210 to extend if TN is not traveling | $1,210 for each extension | Individual must provide substantial evidence of extraordinary ability Extensions limited to one year at a time $1,210 for each extension Must apply for O-1 visa overseas if subject to 212(e) from a J program Must offer paid return transportation to home country of employee if employer terminates job prior to end of approved O-1 status |