umn:Employment-based Visas: Comparison Chart

Employment-based Visas: Comparison Chart

Adapted from NAFSA's "Filing Academic H-1B Petitions Participant Manual" and U. of Michigan Int'l Center Chart
For more information, contact International Student and Scholar Services or click on on of the follwoing links: H-1B, J-1 Professor/Research Scholar, J-1 Short-Term Scholar, O-1, TN and F-1.

	H-1B	J-1	O-1	TN	F-1 with OPT
Visa Type	Temporary Worker in a Specialty Occupation	“Research Scholar”, “Professor” or “Short-term Scholar” categories	Alien of Extraordinary Ability	NAFTA employment visa for professionals	Student with Optional Practical Training; can work only in field of study
For Paid Positions at UMN?	Yes	Yes, but also for unpaid positions	Yes	Yes	Yes
Eligibility Criteria	Generally, position must require at least a bachelors degree in a specialized field	Job-related qualifications, University invitation to teach or conduct research; indication of adequate financial support for length of program	Proof of major scholarly, athletic or artistic achievement	Citizen of Canada or Mexico and offer of professional employment; consult list of qualifying occupations and minimum education/credential requirements	F-1 student who has been authorized for OPT during or after study program by degree-granting school and USCIS
Appropriate for tenure-track positions?	Yes	No	Yes	No	Yes
Maximum Stay	6 years; extensions possible under limited circumstances	6 months for “Short-term Scholar” 5 years for “Research Scholar” or “Professor”	For length of the events(s), up to three years; extension possible in one-year increments	Up to three years for admission at entry, and extension period; indefinite renewals	12 months of fulltime Optional Practical Training
Annual Quota	Academic Institutions exempt from H-1B "cap"	None	None	None	None
Advantages	"Dual intent" is allowed, which means H-1B can take steps toward an immigrant visa without affecting H-1B status. This makes travel abroad & applying for H-1B visa easier.	No DOL or USCIS approval required; J-2 spouse can obtain work permission	No DOL approval required; no limit on number of years; entry possible even if subject to the 212(e)	Employment visa for certain professions; easier process than H-1B; no limit on number of years; attainable even if person subject to J-1 212(e) requirement	Person can move from employer to employer simply by presenting valid Employment Authorization Document (EAD) to employer
Disadvantages	Must file with both DOL and USCIS; employer must meet DOL wage requirements or incur severe liability. H-4 spouse cannot work. Employer liable for return transportation if employment terminated prematurely. J-1s subject to 212(e) not eligible	Not eligible for “Research Scholar” or “Professor” if person was in such status in previous 24 months. A two-year home country residence requirement may apply if funded by gov't source, on J-1 skills list, or medical trainee	Must meet very strict USCIS eligibilty standards; requires extensive documentation; employer liable for return transportation if employment terminated prematurely. O-3 spouse cannot work. ISSS processes extensions, but not initial O-1s.	Must be renewed annually. TD Spouse unable to work.	Only valid for 12 months; F-2 spouse cannot work
"Dual Intent" Allowed?	Yes	No	No	No	No
Evidence/ Documents Needed	Job offer letter; proof of non-immigrant visa status; academic credentials; resume or c.v.	Details of academic objectives and financial support	Documentation of international recognition; peer consultation where applicable	Evidence of citizenship; letter of employment offering professional position; evidence of professional status; academic credentials	Documentation and application procedures handled completely by degree-issuing institution and USCIS
US Government Forms	I-129 with H supplement, I-129W, ETA9035	DS-2019	I-129 with O supplement	None unless applying for extension of TN in US	See above cell
US Government Fees	USCIS fees: $820 initial application, $320 for extensions, $1000 for optional Premium Processing, $300 for dependents	$180 SEVIS fee	USCIS fees: $320 for initial application or extensions, $1000 (optional Premium Processing), $300 for dependents	$57 for Canadians entering at border; Mexicans pay visa fees at consulate; $320 for extension of TN in U.S., including $300 for dependents.	F-1 nonimmigrant pays $340 to USCIS
ISSS Processing Fees	$1000	$220	$1,000	ISSS only gives advice; ISSS does not process extensions	None
ISSS Processing Times	Sept.-April: 2-5 weeks, May-August, 4-8 weeks	3-4 weeks	Sept.-April: 2-5 weeks, May-August, 4-8 weeks	None	None
Govt. Processing Times	Standard: 2-4 months Premium Processing: 15 days	Applying at US embassy: times vary. Change of status in US: 3-5 months	Standard: 2-4 months Premium Processing: 15 days	Canadians apply at border, Mexicans apply at US consulate	Varies Average is 3 months
Paid Consulting Allowed?	No-unless concurrent employment authorized	Conditional; needs permission from ISSS Responsible Officer	No-unless concurrent employment authorized	No-unless concurrent employment authorized	Yes, as long as related to degree

Key to terms:
USCIS: United States Citizenship and Immigration Services
DOL: Department of Labor
Dual Intent: US law that allows persons in specific nonimmigrant statuses to obtain or continue in that visa/status while actions are taken towards obtaining permanent residency
212(e): Two-year home residency requirement

Last Update: November 19, 2008

H-1B Employment at the University of Minnesota

Employment-based Visas: Comparison Chart