Visa for International Employees
General Information All persons who are not U. S. citizens and lawful permanent residents (“green card holders,” “resident aliens”) must have permission from the U.S. Citizenship and Immigration Services to remain and work in the United States. This permission comes in various forms of visa classifications. It is mandatory that all noncitizens and nonimmigrants maintain a valid visa status for employment. Below are some of the most commonly used visa classifications for noncitizens and nonimmigrants at East Carolina University.
Visitor Visa Classes: B-1 or B-2 B-1/B-2: This visa is for visitors coming to the United States to conduct trade or business, which is not employment. Examples: attending a meeting including presenting or lecturing at the meeting; observing or consulting; reviewing or signing contracts; scouting locations for future business sites; and so on. A B-1 visa holder can accept an honorarium or reimbursement for travel expenses if (a) the duration of the activity is nine days or less (b) and the visitor has not been paid or reimbursed by more than five other U.S. institutions or organizations during the past six months. This also applies to the B-2 (Visitor for Tourist).
Temporary Worker Visa Class: H-1B H-1B: This visa permits the activities normally associated with the title or appointment. This visa is available to professionals with at least a Bachelors degree who will engage in the practice of the profession for which he or she was trained and which requires at least a bachelors degree. This visa is valid for a maximum stay of six years. Unlike the F-1 and J-1 classes where the institution controls the issuance of visa documents, the H-1B requires an approved Labor Condition Application from the Department of Labor (DOL), an approved visa petition from the U.S. Citizenship and Immigration Services (CIS), and the payment of a processing fee to the CIS. Additional documentation is required for this visa class. H-4s, dependents of H-1s, are not permitted to work.
Trade NAFTA Visa Class: TN TN: The TN visa permits the activities normally associated with the title or appointment of Canadian citizens in the professions listed in the U.S. Canadian Free Trade Agreement. Examples of such professions are: Registered Nurses, Faculty, Research Associates and certain Allied Health Professions. These visas are issued one year at a time and though there is not a limit on how long one can work in the U.S. under the TN visa, the alien’s intent must be temporary. Like the H-1B visa class, the institution does not control the issuance of visa documents, the TN requires a petition to the Immigration and Naturalization Service and payment of a processing fee to same. However, unlike the H-1B, the TN may be acquired at the port of entry to the U.S. if the proper documentation is presented to the Immigration Officer. Additional documentation is required for this visa class. TN dependents are admitted to the U.S. as TD, and are permitted to remain in the U.S. with the TN but are not permitted to work.
Exchange Visitor Program: J-1 J-1: The J-1 Exchange Visitor Program allows East Carolina University to bring foreign professors, researchers, short-term scholars, specialists, and students to the United States. The University has been approved by the State Department (formerly USIA) to serve as the visa sponsor for these individuals. Federal regulations govern the Exchange Visitor and the sponsor. The intent of the program is exchange of knowledge; the assumption is that the foreign national is coming temporarily to the United States and expects to return home. The J-1 exchange visitor classisfication is appropriate for most research scholars and for faculty who do not hold tenured or tenure-track positions. To apply for a J-1 visa, scholars are issued a Certificate of Eligibility for Exchange Visitor (J-1) Status, commonly referred to as DS-2019. The spouse and children of a J-1visa holder, hold J-2 status and may apply to the CIS for permission to work in the United States.
Academic Training: J-1 Students who enter the United States as exchange students or degree seeking J-1 visa students are eligible to accept employment under certain conditions after completion of study or program. International students on J-1 visas are eligible for up to 18 months of academic training. Post-doctoral students are permitted three years. Some J-1 program participants are also allowed to work part-time during the academic program. Academic Training is granted in the form of a letter by the Responsible Officer (RO) or Alternate Responsible Officer (ARO). Students should consult with the Responsible Officer or Alternate Responsible Officer at the Office of International Affairs.
Optional Practical Training: F-1 F-1: Practical training is a legal means by which F-1 students can obtain employment in areas related to their academic field of study. Students, in general, must have completed one academic year (approximately nine months) in F-1 status and must maintain their F-1 status to be eligible for practical training. Optional Practical Training (OPT) must be authorized by the U.S. Citizenship and Immigration Services (CIS) based on a recommendation from the designated school official (DSO) at the school which issued the form I-20, a government document which verifies the student’s admission to that institution. The term “optional” means that students can opt to use all or part of their total practical training allotment of a maximum of 12 months. Students who have received OPT permission will be issued an Employment Authorization Document (EAD) by the CIS. Their name, photo and valid dates of employment are printed on the EAD. Employers should note that the average processing time for CIS to issue the EAD is two or three months, and students may begin employment only after they receive the EAD which will indicate the starting and ending dates of employment.
