Nonimmigrant Category
|
TN - NAFTA Treaty with Canada and Mexico
|
E-3 - AUSFTA - [Australian] Free Trade Agreement
|
O-1
|
Eligibility
|
|
- Citizen 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)
|
Length of 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 Time for Processing
|
- 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 Prermium Processing Fee to DHS (optional for 15-day USCIS expedited processing)
|
- $750 ISSO Scholar Fee
- $460 Application Fee to DHS
- $1,410 Prermium Processing Fee to DHS (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
|
Departmental Requirements
|
- Report to ISSO when employment ends
- STEM OPT requires training plan
- STEM OPT requires monitoring of progress and reporting of changes to training plan
- STEM OPT requires self-evaluations which employer approves
|
- Report to ISSO when employment ends or before change in position
- Offer paid return transportation to home country of employee if employer terminates job prior to end of approved H-1B status
- Track and document work hours for employment less than 40 hours per week
- Meet DOL prevailing wage requirement
- Apply for H-1B in Cystart
|
- Report to ISSO when employment ends
- Monitor J program activity, safety and well-being of the J-1 postdoc
- Offer or make available cross-cultural activities and experiences
- Apply for DS-2019 in Cystart
|
Notes
|
- Position must be related to degree
- No more than 90 days of unemployment during 12-month OPT
- Must work at least 20 hours per week
|
- USCIS processing times can vary widely
- $1,210 cost for each extension
- Employer/job specific
|
- May be paid or self-funded
- If subject to 212(e), cannot become H-1B
- 24-month bar to repeat participation
- $100 cost for each extension
|
Dependents (child under age 21, spouse)
|
- Not eligible for work
- May study part time
- May study full time if avocational only
|
- Not eligible to work
- May study part time or full time
|
- May apply for work authorization from USCIS
- May study part time or full time
|
