J-1 Visa

H-1B Visa

TN-1 Visa

PURPOSE

The Exchange Visitor Program is intended to foster international social, scientific and cultural exchange.

It is a 'specialty occupation' visa for temporary employment. WSU must demonstrate that the job in question is one that requires special preparation, and that the person for whom the petition is being filed has that education or preparation.

Based on the Free Trade Agreement between the US, Canada & Mexico(NAFTA), Canadians engaged in certain professions (as listed in Schedule 2 of the agreement) may apply for TN-1 status. The information below applies to Canadian TNs only.

This visa status also applies to Mexicans with many differences. Please contact OISS for information on TNs for Mexican citizens.

CRITERIA FOR APPLICATION:

J-1
For Visiting Scholars and Professors (Excluding tenure-track teaching positions)

H-1B
The field of endeavor must be one in which a Bachelor's degree would be considered a minimum requirement, and the alien must possess at least that degree or its foreign equivalent. At WSU, H- lB status is regularly petitioned for on behalf of research staff, and faculty members, both Visiting and Regular, Visiting scholars and other individuals who do not have a regular payment-for services rendered relationship with WSU are not eligible.  WSU does not usually process H-1B1 petitions at the Administrative/Professional or Classified Staff levels  

TN
For Canadians, must show:
1) Proof of Canadian citizenship
2) Letter of job offer
3) Copy of highest academic degree (baccalaureate minimum degree required)
4) Application fee

LENGTH OF VISA:

J-1
5 years maximum for those in Professor/Research Scholar Category; 6 months maximum for those in Short-term Scholar category

H-1
3 years initial request; 3 additional years.

TN
One-year increments only, with unlimited extensions

HOME COUNTRY RESTRICTIONS:

J-1
Holder may incur a 2-year home rule restriction if the home country is on the 'Skills List'; or if funded by home country government, Fulbright Fellowships, etc. This means the visitor must return to their home country for 2 years 1) before they are eligible to be approved for a visa such as the H- 1B or 2) before they can be approved for a green card.

H-1B
None

TN
None

IMMIGRATION STATUS:

J-1
Considered a non-immigrant visa

H-1B
Congress declared that the H visa should be a dual-intent classification. As such, it is not relevant to an application for an H visa to determine whether requestor intends to return to his/her home country, or perhaps plans to remain in the US indefinitely.

TN
Considered a non-immigrant visa

WORK RESTRICTIONS ON DEPENDENTS:

J-1
Dependents on J2 visas may apply for work permits.

H-1B
Dependents may not work.

TN
Dependents may not work.

PAY SOURCE:

J-1
Can be paid from WSU grant or fellowship, home country institution, or private funds.

H-1B
Must be paid by the employer (WSU)

TN
Must be paid by the employer (WSU)

WHAT IS PREVAILING WAGE:

J-1
None specified

H-1B
Determined by the WA state agency entrusted by the Dept. of Labor to survey salaries in Washington to set a prevailing wage

TN
None specified

PROCESSING TIME:

J-1
10 days from submission of request to OISS for the document to be issued. The document will then be sent to the scholar and the scholar will then apply for a J-1 visa stamp to enter the US.  obtain the J-1 visa in the passport and re-enter the U.S. in J-1 visa status

H-1B
3-4 months
H-1 visas must be approved by the USCIS in the United States, even if the beneficiary will be applying for the H visa outside the U.S.

TN
This visa status is most easily obtained by a Canadian citizen at a border crossing and is generally adjudicated within two to three hours. Please refer to the documetation available from Bechtel.

If requested from inside the US, allow 2-3 months processing time.

TAX DISTINCTIONS:

J-1
Tax implications are present when visa holders travel, depending on treaties, source of pay, etc. IRS considers stipends very differently than it does salaries, and treaties reflect this difference.

H-1B
IRS considers H1b visa holders to be temporary workers and therefore not eligible for fellowships. They also can incur tax penalties when reimbursed for traveling. IRS considers stipends very differently than it does salaries, and treaties reflect this difference

TN
IRS considers TN-1 visa holders to be temporary workers and therefore not eligible for fellowships.

TRANFERRING VISA TO NEW EMPLOYER:

J-1
J-1s may transfer under the following circum-stances:

1- they retain the same category (ie., Student, Professor, Research Scholar etc.)

2- they have not used up the time available in their category (for Professor and Research Scholars, this is 5 years; for Short Term Scholars,this is 6 months)

3- they have maintained good standing with their previous J program sponsor

4- their previous J sponsor is _willing_ to allow the transfer. Transfers from Fulbright and other large program sponsors may be problematic.

Note that having a 2 year home rule should not impact making a transfer from one institution to another.

*Also, there is no way to issue a new Professor or Research Scholar J visa if the person has been in *J status in the U.S. for more than 6 of the previous 12 months. (*any J status including students, J-2s, etc. but excluding Short-term Scholars)

H-1B
There is no mechanism for transfer of an H-1B petition from one employer to another. The entire H- 1B process must be redone by the new employer including copies of CVs and transcripts.

TN
Addition of new and/or multiple employers may be made at port of entry or pre-flight clearance.

If a Canadian wishes to change TO TN status from another visa status within the US, a change of status may be applied for on form I-129, plus fee. Dependents changing status on form I-539, with fee plus additional fee for each dependent.

CAP ON # OF VISA HOLDERS

J-1
None

H-1B
There is no cap for H-1Bs in institutions of higher education

TN
None for Canadians; 6,500 for Mexicans