Work Visa

Nonimmigrant Visa Categories: H-1B, O-1, TN

H-1B Visa:

Florida Atlantic University sponsors scholars for H-1B visa status at the request of the hiring department. The H-1B immigration classification is intended for individuals coming to the United States to perform services in what can be considered to be a “specialty occupation.” Current U.S. immigration regulations define specialty occupation as "an occupation which requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree for the specific specialization (or its equivalent in experience)."

All H-1B sponsorship requests must be processed through the Global Academic Services Office. FAU will sponsor current and prospective international employees for H-1B status only if they meet certain eligibility criteria.

H-1B Employment Qualification Requirements:

Position must require at least a bachelor’s degree in a specific field of study and the foreign national must have a relevant degree or equivalent experience.

1. The degree requirement for the position is common to the industry or the position requirements is complex or unique that it can only be performed by an individual with a degree, or
2. The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree.

H-1B Regulations

• The H-1B employee is only allowed to perform the duties that were requested during the petition process. Should there be changes in any of the terms of the position, an amended H-1B filling may be required.
• The H-1B visa holder is only allowed to work at the location specified in the petition.
• The H-1B visa holder is only allowed to work for the employer for which the petition was issued.
• Foreign nationals subject to 212(e) two-year home residence requirements are not eligible for H-1B visa.
• The employer is responsible for paying all filing and attorney fees associated with filing a petition to sponsor a foreign national on an H-1B visa.
• The H-1B visa holder has 10 days before the validity period begins and 10 days after it ends to be in the United States.
• The H-1B visa is initially granted for up to three years and may be extended to a maximum of six years.
• The dual-intent visa allows H-1B visa holders to enter the United States while simultaneously seeking lawful permanent residency status at a port of entry.
• 240-day rule applies for extensions

H-1B Transfer Requirements

Since the H-1B visa is employer-specific, the foreign national will need to wait until the new employer files for a transfer before he or she can change jobs and start working.

• The Host Department will need to pay all filing and attorney fees associated with the H-1B petition transfer request.
• The Host Department may not charge the foreign national or request reimbursement for any of the fees required to be paid by the employer.  
• If the H-1B transfer request is denied by DOL, employment is immediately terminated.

Additional information on H-1B immigration can be found on the USCIS government website. 

O-1 Visa

The O-1 classification applies to an individual who has extraordinary ability in the sciences, education, or business; who has "risen to the top of his/her field" which has been demonstrated by sustained national or international acclaim; and who is coming to the U.S. to work in the area of extraordinary ability.  The services the individual will perform must involve a "temporary" event or project such as a scientific project or academic year, in which the individual will play a critical role on a temporary basis.

The O-1 classification may be used to employ an individual who as a J-1 Exchange Visitor became subject to the two-year home residency requirement, and is therefore prohibited from holding the H-1B Temporary Worker status. 

O-1 Employment Qualification Requirements:

A petition for an O-1 foreign national of extraordinary ability must be accompanied by evidence of:

• Receipt of a major internationally recognized award, such as the Nobel Prize  OR
• At least three, but preferably more than three of the following forms of documentation:                                  
  • Documentation of the foreign national's receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
  • Documentation of the foreign national's membership in associations in the field for which classification is sought, which require outstanding achievements of their members for selection/election to membership, as judged by recognized national or international experts in their disciplines or fieldsPublished material about the foreign national in professional or major trade publications or other major media, relating to the foreign national's work in the field for which classification is sought.  Such evidence shall include the title, date, and author of the material, and any necessary translation
  • Evidence of the foreign national's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought
  • Evidence of the foreign national's original scientific, scholarly, or business-related contributions of major significance in the field
  • Evidence of the foreign national's authorship of scholarly articles in the field, in professional journals, or other major media
  • Evidence of the display of the foreign national's work in the field at artistic exhibitions or showcases
  • Evidence that the foreign national has been employed in a critical or essential capacity for organizations or establishments that have a distinguished reputation
  • ​Evidence that the foreign national has commanded and now commands a high salary or other remuneration for services, as compared to others in similar positions,  evidenced by contracts and other reliable evidence in addition to: Written evidence from an appropriate peer group, (i.e., an association or entity with expertise in that area, signed by an authorized official of the organization,) describing the foreign national's ability and achievements in the field of endeavor and stating whether the position requires the services of a foreign national of extraordinary ability.

O-1 Regulations:

• Evidence that the beneficiary is recognized nationally or internationally as extraordinary in their academic field.
• The petition must be supported by a recommendation in print from a “peer group” or a “person with proficiency” in the beneficiary’s field or an organization known for its expertise in the beneficiary’s field.
• Details of the proposed work that the beneficiary will be doing.
• Evidence of an employment contract between the employer and the beneficiary.
• The O-1 is initially granted for up to 3 years.
• The O-1 visa holder has 10 days before the validity period begins and 10 days after it ends to be un the United States.
• The O-1 visa holder is only allowed to perform the duties that were requested during the petition process.
• Subject to Consultation Requirement.
• The 240-day rule applies for extensions.
• Spouse and unmarried children under 21 cannot work but may attend school.

O-1 Transfer Requirement:

The O-1 visa is employer-specific. If the foreign national wants to change employers, the new employer must file a Form I-129 with the USCIS. If there are any major changes in the nature of the work environment, a new Form I-129 is required.

• When professional athletes with O-1 nonimmigrant status are traded from one team to another, employment authorization will continue with the new team for 30 days during which time the new employer must file a new Form I-129.
• If the new employer does not file a new Form I-129 within 30 days of the trade, the athlete loses his or her employment authorization. The athlete also loses his or her employment authorization if the new Form I-129 is denied.

TN

Qualified Canadian and Mexican citizens may seek temporary admission to the U.S. under the provisions of the North American Free Trade Agreement to accept full-time employment with the University, to engage in activities at a professional level in one of the professions or occupations covered under NAFTA Specialty Occupations (Appendix 1603.D.1)

TN status is for Canadian and Mexican nationals who are engaged in temporary professional activities as defined by NAFTA. For an overview of the TN status, please visit the State Department website.

The TN classification primarily to employ Mexican and Canadian citizens in temporary research and teaching positions.  The TN status can only be used for Mexican and Canadian citizens employed in a profession that appears on the NAFTA List of Professions.

The TN status can be an advantage over the H-1B as it is generally less expensive to obtain and can be extended indefinitely. However, unlike the H-1B, it can only be used for specific professions and it cannot be used to employ faculty or staff in a permanent position, such as the position of tenure-track professor. Finally, the TN status is appropriate for otherwise qualified part-time positions on campus whereas the general policy for the H-1B status is that employees be full-time.

TN Employment Requirements:

• The individual must have at least a bachelor's degree or appropriate credentials demonstrating status as a professional.
• The individual possesses the requisite educational background and experience for that position.
• The individual must be a citizen of Canada or Mexico.
• The individual must have a prearranged job that is not self-employment.

TN Visa Regulations

• The TN visa is initially granted for up to 3 years.
• If you are Mexican citizen, once you are approved for a TN visa, you may apply for admission at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station.
• There is no fixed limit on number of extensions.
• USCIS may limit entry where nonimmigrant intent is questioned.
• 240 day rule applies for extensions.
• Spouse and unmarried children under 21 cannot work but may attend school.
• If you are a Canadian citizen, you may establish eligibility for TN classification at the time you seek  admission to the United States by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated  U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. Your inviting department must contact globalservices@fau.edu to follow necessary steps related to collecting the documents.