Nonimmigrant Category
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TN - NAFTA Treaty with Canada and Mexico
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E-3 - AUSFTA - [Australian] Free Trade Agreement
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O-1
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Eligibility
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- Citizens of Canada or Mexico
- Profession on list in NAFTA Treaty
- Profession on list in NAFTA Treaty
- Must possess minimum qualification for profession
- Stay must be temporary in nature
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- 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
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- 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 visa subject to 212(e)
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Length of Stay
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- Admitted to U.S. for up to 3 years initially
- Extensions for up to 3 years at a time
- No limit (but stay remains temporary)
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- Can request up to 24 months for initial E-3
- No limit (but stay remains temporary)
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- Can request up to 36 months for initial O-1
- Extensions for up to 12 months at a time
- No limit (but stay remains temporary)
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Estimated Time for Processing
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- 1-2 weeks for Canadians as no visa needed
- 1 month for Mexicans for TN visa
- 4-6 months if change of status within U.S.
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- 1 month if currently abroad
- 4-6 months if change of status within U.S.
- Additional 4-6 weeks for E-3 visa if abroad
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- 4-6 months for initial O-1
- Additional 4-6 weeks for O-1 visa, if needed
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Costs to Department
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- $0
- $1,210 for change of status within the U.S.
- $1,210 for extension of current TN status within the U.S.
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Fees if currently in U.S. in another status:
- $750 ISSO Scholar Fee
- $460 Application Fee to DHS
- $2,805 Prermium Processing Fee to DHS (optional for 15-day USCIS expedited processing)
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- $750 ISSO Scholar Fee
- $460 Application Fee to DHS
- $2,805 Prermium Processing Fee to DHS (optional for 15-day USCIS expedited processing)
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Departmental Request
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- No request made unless future employee is in the U.S. and wants to request a change of nonimmigrant status
- 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
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- Paper Application
- 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
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- Request made through Cystart
- Cystart Form: Add New Person (if not a former ISU student, scholar or employee)
- Cystart Form: Exchange Visitor Scholar Application
- Other Forms: Export Control Worksheet
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Who is Involved?
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- Hiring department
- US Embassy for Mexicans abroad
- USCIS if currently in the U.S.
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- Hiring department
- ISSO
- DOL and USCIS
- U.S. Embassy if candidate is abroad
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- Hiring department
- Writers of supporting documentation
- ISSO
- U.S. Embassy if currently abroad
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Departmental Requirements
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- Must meet prevailing wage requirement
- $1,210 for change of status within the U.S.
- $1,210 for extension of current TN status within the U.S.
- Offer paid return transportation to home country of employee if employer terminates job prior to end of approved O-1 status (dept. choice)
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Notes
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- Must prepare employment offer letter
- $1,210 to extend if TN is not traveling
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- $1,210 for each extension
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- 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)
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Dependents (child under age 21, spouse)
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- Dependents enter U.S. on TD visas (visas not required of Canadian citizens
- Not eligible for work
- May study part time or full time
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- Dependents enter U.S. on E-3 visas
- Eligible to apply for work authorization from USCIS
- May study part time or full time
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- Dependents enter U.S. on O-3 visas
- Not eligible for work
- May study part time or full time
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