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 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 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
 

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