Keys:

DHS = U.S. Department of Homeland Security: Overarching U.S. government agency under which USCIS falls

DOL = U.S. Department of Labor, determines prevailing wage, certifies labor certification applications

USCIS = U.S. Citizenship and Immigration Services: Adjudicates immigration applications such as H-1B and F-1 OPT

Nonimmigrant Category

F-1 Student (OPT)

H-1B Temporary Worker

[J-1] Exchange Visitor Professor or Research Scholar Category

Eligibility
  • Completing U.S. degree (12-month OPT)
  • Currently on OPT (24-month extension)
  • ISU position must be directly related to most current U.S. degree
  • Position must require at least a bachelor's degree in a specific field
  • Minimum wage requirement as determined by U.S. Department of Labor
  • Not eligible if J-1 subject to 212(e)
  • Requires sponsorship by employer
  • Sufficient English language proficiency
  • Not eligible if previous J-1 research scholar or J-1 professor within past 24 months
  • No tenure-track, no clinical patient care
  • No continuous Professional and Scientific position
  • No tenure-track faculty posiiton

Maximum Length of Stay
  • 12 months
  • Additional 24 months if STEM field degree
  • 72 months (but ISU limits postdocs to 5 years)
  • Can request up to 36 months at a time
  • 60 months (3 week minimum)

Estimated Time for Processing (USCIS processing times subject to change without notice)
  • 60-90 days
  • 3-5 months for initial H-1B
  • Additional 4-6 weeks if need H-1B visa
  • 10 working days for DS-2019
  • Additional 4-6 weeks if need J-1 visa
  • Additional 4-6 months for change of status within the U.S.

Costs to Department
  • $0
  • $750 ISSO Scholar Fee
  • $460 Application Fee to DHS
  • $500 Anti-Fraud Fee to DHS
  • $2,805 Premium Processing Fee to DHS (optional for 15-day USCIS expedited processing)
  • $100 ISSO Scholar Fee

Departmental Request
  • 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
  • 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
  • Cystart Form: Add New Person (if not a former ISU student, scholar or employee)
  • Cystart Form: J-1 Scholar Application
  • Other Forms: Export Control Worksheet

Who is Involved?
  • Future employee prepares and sends application to USCIS
  • School named on the I-20
  • USCIS
  • Hiring department
  • ISSO
  • DOL and USCIS
  • U.S. Embassy if currently abroad
  • Hiring department
  • ISSO
  • U.S. Embassy if currently abroad

Special Departmental Requirements
  • Must offer paid return transportation to home country of employee if employer terminates job prior to end of approved O-1 status

Notes
  • Must prepare employment offer letter
  • $1,210 to extend if TN is not traveling
  • $1,210 for each extension
  • Individual must provide substantial documentation/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

Dependents (child under age 21, spouse)
  • Not eligible for work
  • May study part time
  • Eligible to apply for work authorization from USCIS
  • May study part time or full time
  • Not eligible for work
  • May study part time or full time