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

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 a bachelor's degree in a specific field
  • Minimum wage requirement as determined by U.S. Department of Labor
  • Requires employer sponsorship
  • Not eligible if Exchange Visitor subject to 212(e)
  • Paid position
  • Sufficient English language proficiency
  • Not eligible if previous Exchange Visitor or professor within past 24 months
  • No tenure-track, no clinical patient care
  • Paid or unpaid position

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

Estimated Time for Processing
  • 90-120 days
  • 4-6 months for initial H-1B
  • Additional 4-6 weeks if H-1B visa is needed
  • 10 working days for DS-2019
  • Additional 4-6 weeks if J-1 visa is needed
  • 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
    • $1,410 Prermium Processing Fee to DHS (optional for 15-day USCIS expedited processing)
  • $100 ISSO Scholar Fee

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

Special 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 costs to home country of employee if employer terminates job prior to end of approved H-1B status
  • Monitor work hours for employment less than 40 hours per week
  • Report to ISSO when employment ends
  • Monitor J program activity, safety and well-being of the Exchange Visitor
  • 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 be paid for 24-month STEM OPT
  • Must work at least 20 hours per week
  • USCIS processing times can vary widely
  • $1,075 cost for each extension
  • 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)
  • Dependents enter U.S. on F-2 visas
  • Not eligible for work
  • May study part time
  • May study full time if avocational only
  • Dependents enter U.S. on H-4 visas
  • Not eligible to work
  • May study part time or full time
  • Dependents enter U.S. on J-2 visas
  • May apply for work authorization from USCIS
  • May study part time or full time