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Contents
I. Office of International Services
II. Glossary
III. Common Nonimmigrant Visa Types
IV. Determining the Appropriate Non-Immigrant Visa
V. Visa Waiver Program FAQs
Derek S. Yu, DirectorThe Office of International Services (OIS) is responsible for providing professional advice and service to all University of Texas Health Science Center at San Antonio (UTHSCSA) and some University of Texas at San Antonio international visitors. It is the responsibility of the international visitor to maintain a lawful status while in the United States (US). OIS assists on immigration matters, but does not engage in legal consultation. Legal representation is only available through a licensed U.S. attorney at law, and is the responsibility of the individual international visitor. Preliminary eligibility of non-resident alien international visitors for exemption from federal income tax and social security taxes, and tax treaty eligibility, is determined by the Payroll or Accounting offices. The Internal Revenue Service (IRS) makes the final decision on all tax matters. United States tax laws are complicated. It is the employee's responsibility to understand and comply with these laws. UTHSCSA does not provide tax advice; however, with the cooperation of the local IRS office, an annual tax workshop is coordinated in March for the benefit of all non-resident aliens at UTHSCSA. For further information regarding filing requirements and taxation of non-resident aliens, international visitors can obtain IRS publication 519 (US Tax Guide for Aliens) and IRS publication 901 (US Tax Treaties). The Payroll or Accounting office can assist the international visitors in obtaining these publications which are updated each tax year, or they may be ordered directly from the IRS by calling (800) 829-3676 or visiting their website at http://www.irs.gov/ All new incoming international visitors to UTHSCSA should arrange with OIS for an appointment to check in and receive an orientation soon after arrival in San Antonio, before their official program begins. IMPORTANT: All passports and immigration documents (and for accompanying dependents) must be presented at this meeting. Even international Observers and the Volunteers who have been approved by the Office of Human Resources must visit OIS before beginning in the department. Please ensure that Observers only observe and don't touch equipment or people, and that Volunteers do not function in activities for which there is usually compensation, and that they have no plans or expectations of ever being compensated for those same or similar activities. Information and services provided by OIS include:
Caroline Castellanos, International Visitor Advisor
Stacy Ramirez, International Visitor Advisor
Enjoli Hamilton, Administrative Assistant
- Extensions of stay
- Changes of Status (visa type)
- Transfers of program
- Temporary departure/travel advice and forms endorsed
- Employment authorization/verification of eligibility
- Health/Medical Insurance·
- US Social Security number applications
- Immigration advice and assistance·
- Liaison between visitor and federal agencies (INS, ECFMG for international physicians, etc.)
Office of International Services
7703 Floyd Curl Drive
Mail Code 7971
San Antonio, Texas 78229-3900
Phone: 210-567-6241
Fax: 210-567-6240
II. Glossary B-1 STATUS - Tourist visa for business. B-2 STATUS - Tourist visa for pleasure. BORDER CROSSING CARD - A card issued by the INS to Mexican nationals that allows the holder to be admitted into the US for a period not to exceed 72 hours to visit within 25 miles of the border. CERTIFICATE OF ELIGIBILITY - A Form I-20 (F-1 visa) or Form IAP-66 (J-1 visa) that a prospective visitor presents at a US Consulate or Embassy outside the US for the issuance of a visa. The forms can only be issued and endorsed by a Designated School Official (F-1) or a Responsible/Alternate Responsible Officer (J-1) in OIS. CITIZEN - A person born in a country or who became a naturalized citizen of that country. CURRICULAR PRACTICAL TRAINING - Employment that is part of an academic program undertaken by an F-1 visa holder. OIS certifies eligibility for employment. DEPENDENT STATUS - Status granted to the spouse or unmarried minor children under the age of 21, so they may accompany the principal status holder to the US. Dependents may choose to apply for their own status, if eligible. Some may obtain work authorization, and some may not. DESIGNATED SCHOOL OFFICIAL (DSO) - The person(s) designated by UTHSCSA and appointed by INS to advise and assist F-1 students, to issue and endorse Certificates of Eligibility (Forms I-20), comply with record-keeping and reporting requirements, and conduct official communication with INS in matters related to F-1 students and their dependents. The DSOs are in the OIS. DURATION OF STATUS (noted as D/S on I-94 card) - The period during which F-1 or J-1 visitors (and their dependents) are allowed to remain in the US, provided they follow the regulations for their visa types. After their programs are completed, F-1s are provided a 60-day grace period and J-1s are provided a 30-day grace period, during which they can prepare for departure from the US or apply to change visa status. No employment or official activities are allowed during this grace period. ECONOMIC HARDSHIP - A type of work permission based on econnomic hardship granted by INS to eligible F-1 students. The application is made through OIS. EDUCATIONAL COMMISSION FOR FOREIGN MEDICAL GRADUATES (ECFMG) - The only J-1 Exchange Visitor program sponsor authorized to bring alien physicians to the US to participate in a clinical exchange program. EMPLOYMENT AUTHORIZATION DOCUMENT (EAD) - An INS employment authorization card. EXTENSION OF STAY - An application must be made by a visitor to extend the period of authorized stay. An F-1, J-1, and H-1b apply through OIS, but other visa holders must apply to INS after consultation with OIS. The application must occur before the visitor's status expires. F-1 STUDENT STATUS - Nonimmigrant status given to visitors accepted to enroll full time in a defined academic program at a school in the US. Lawful, full time F-1 students may be compensated for up to 20 hours per week of work on the school's campus (e.g., a teaching assistantship). FORM I-9 - Employment Eligibility Verification Form that Federal regulations require an employee and employer to complete within 3 days of the date the employee begins working. It must be re-verified when documents that establish identity or work permission expire. FORM I-20 - Certificate of Eligibility used to obtain an F-1 student visa. F-1 visa holders are usually privately funded, full-time degree seeking students. The specific program and expected date of completion of studies are on the form. The form can only be issued or endorsed by a DSO in OIS. FORM I-94 - INS Arrival/Departure Record (small white card, or green for those entering under the Visa Waiver Program) that the visitor receives upon entry to the US. It indicates admission number, visa type, place/date of admission to the US, and specific period of authorized stay (or duration of status - "D/S"). FORM IAP-66 - Certificate of Eligibility issued by OIS or by ECFMG for alien physicians for participation in a J-1 Exchange Visitor program. FULL COURSE OF STUDY - Number of hours an F-1 or J-1 student must register for and complete each semester in order to remain in lawful immigration status, and to be eligible to work part-time on campus (e.g., a teaching assistantship). GREEN CARD - An identification card (actually pink and blue in color) issued by the INS to individuals lawfully admitted to the US for permanent residency. It is also called an "Alien Registration Card."H-1b STATUS - nonimmigrant visa for foreign workers in specialty occupations. IMMIGRANT - A non-US citizen who has been authorized to live and work in the US indefinitely, also known as a "Green Card' holder. Immigrant visas are either issued by the Department of State overseas or by INS in the US. IMMIGRATION AND NATURALIZATION SERVICE (INS) - A federal agency within the Department of Justice that is responsible for the administration and enforcement of US immigration legislation. J-1 EXCHANGE VISITOR STATUS - A visitor with a J visa coming temporarily to the US to participate in a program approved by the US State Department. Form IAP-66 categories for UTHSCSA include Student, Research Scholar, Professor, Short-Term Scholar and Specialist. The specific objective and time limitation are noted on the form. Different regulations exist for every category. LABOR CERTIFICATION - A clearance issued by the US Department of Labor to the INS certifying with regard to a prospective immigrant's occupation that: 1) there are insufficient US workers ready, willing or able to perform the occupation; and 2) the individual's employment while in the US will not adversely affect the wages and working conditions of similarly employee persons in the US. MAINTENANCE OF STATUS - Requirement to meet certain obligations of the visa type in order to remain legal while in the US according to US immigration laws. NATURALIZATION PETITION - Form used by a lawful permanent resident to apply for US citizenship. NONIMMIGRANT - An individual admitted to the US for a temporary stay that will end when the purpose of that stay has been met. They must maintain a permanent residence abroad, to which they intend to return. Employment authorization depends on visa category granted by INS. NON-RESIDENT ALIEN - Term used by the IRS to indicate a non-US citizen who does not meet either the "green card" test or the "substantial presence" test described in Publication 519, US Tax Guide for Aliens.O-1 STATUS - nonimmigrant category for aliens of extraordinary ability in the sciences, arts, education, business or athletics. OFF-CAMPUS EMPLOYMENT - Employment that takes place off the premises of the UTHSCSA. ON-CAMPUS ENMPLOYMENT - Employment that takes place on the premises of the UTHSCSA. OPTIONAL PRACTICAL TRAINING (OPT) - Work authorization recommended by OIS and authorized by INS that allows an F-1 student to work for up to one year (usually after his/her program is completed) in a job related to his/her major. PASSPORT - A travel document showing origin, identity and nationality of the bearer. It is used for entry into a foreign country and must be kept valid. Renewals may be requested by contacting the Consulate of the visitor's country in the US. PETITION - A request to classify an individual as a nonimmigrant or immigrant under INS regulations. PRACTICAL/ACADEMIC TRAINING - Terms used for specific types of employment directly related to an F-1 or J-1 student's field of study. Students may be eligible for this employment (full or part-time) before or after completion of an academic program. OIS advisors have the authority to advise on, recommend, and/or grant authorization for this type of employment. REINSTATEMENT - A petition made through OIS to the INS by an F-1 visitor who has failed maintain status, and wishes to regain it. A J-1 visitor seeks reinstatement of his/her J-1 program from the Responsible Officer in OIS or from ECFMG if the visitor is an alien physician. RESPONSIBLE/ALTERNATE RESPONSIBLE OFFICER (RO/ARO) - The person(s) appointed by the institution's administration, and approved by the US State Department to advise and assist visitors holding J-1 status, issue and endorse forms IAP-66 for the program, comply with record-keeping and reporting requirements, and conduct official communications with the State Department and INS in matters relating to J-1s and their dependents. At UTHSCSA, the RO/AROs are in OIS. TD STATUS - dependent of a TN visa holder TN STATUS - visa issued to Canadian or Mexican citizens under NAFTATRAINING PROGRAM LIAISON (TPL) - The title given to person(s) selected to advise and assist, and act as liaisons with the ECFMG on behalf of the visiting Clinical Trainees (Foreign Medical Graduates) coming to UTHSCSA for Residencies and Fellowships. The TPLs are in OIS. TWO-YEAR HOME RESIDENCE REQUIREMENT - Certain J-1 visitors and their dependents are required to return home for at least two years following completion of their objective, before they can adjust to certain other visa types. The requirement is based on whether the participant had government funding and/or has a skill required by their home country. Waivers of the requirement may be possible, and an OIS advisor can provide information. VIOLATION OF STATUS "Out of Status" - Violation of the conditions under which an individual was admitted to the US (e.g., a nonimmigrant who is admitted as a student violates his status if he fails to attend school, etc.) VISA - The entry permit affixed in a foreign visitor's passport by a US Consular Official abroad. It indicates classification, period during which entry in that status is allowed, and number of entries permitted during that time. The visa may only be obtained outside the US. The expiration date of the visa stamp pertains to entry only, and does not indicate the period of authorized stay in the US. The visa stamp may expire, and the visitor may remain in the US as long as he/she maintains legal status. Canadian visitors are exempt from the visa requirement, but must be properly admitted and issued an I-94 document by a US INS official at the port of entry. WB STATUS - Visitor for business from a country eligible for a B-1 visa waiver WT STATUS - Visitor for pleasure from a country eligible for a B-2 visa waiver The INS also has a glossary at: http://www.ins.usdoj.gov/graphics/glossary3.htm III. Common Nonimmigrant Visa Types
Visa status categorizes the intent of the visit. For non-immigrants, school attendance, length of stay in the US, employment, and participation in certain activities are strictly regulated under specific conditions for the type of visa held. Bold denotes those types common at UTHSCSA. A - Diplomat B - Visitor (business/pleasure)
D - Crewman
E - Treaty trader/investor
F - Student
G - International Organization
H - Temporary worker
I - Journalist and media
J - Exchange Visitor
K - Fiancé (of a US citizen)
L - Intra-company transferee
M - Vocational Student
O - Aliens of extraordinary ability in sciences, etc.
P - Athletes or entertainers
Q - International Cultural Exchange
R - Religious Workers
TD - Dependent of a TN visa holder
TN - NAFTA worker
WB- Visitor (business) from a country eligible for a B-1 visa waiver
WT- Visitor (pleasure) from a country eligible for a B-2 visa waiver
Appropriate for visitors who are invited to the US temporarily for legitimate activities of a professional character. These visitors cannot be employed, and they should not be providing a service for which someone is usually paid (e.g., writing manuscripts, conducting research, providing patient care). There can be no employee relationship, so the visitor should not be appointed or given a title (e.g., Postdoctoral Research Fellow). Unusual situations should be discussed with OIS prior to the person's invitation/arrival. The B-1/WB may not accept full-time, part-time, or temporary teaching or research positions, and they cannot be students. Examples of appropriate activities are observation (only allowed to watch, not to touch people or equipment), or the presentation of a lecture. They may also be invited to consult, study in the library, or attend a seminar or conference. For visitors who are coming for more than just a short event (e.g., a consultation or a meeting), the inviting faculty member sends OIS a copy of the invitation letter to the visitor, which describes the planned activities, dates, and any honorarium/reimbursement information. OIS then writes the visitor a letter requesting that they enter the US with a B-1 or WB visa status, and that they check in with OIS upon arrival. OIS can assist in obtaining an identification number for the visitor. The department informs OIS when the visitor leaves. Externs are also B-1s, but OIS must be provided with a copy of their application to the program, as well as a copy of the Dental Dean's letter of acceptance. Then OIS sends them a letter providing them with important information, and asking them to check in with OIS upon arrival, before the program begins. No payment for services is allowed, but under certain conditions, a B-1 or WB visa holder may be reimbursed for travel expenses and be given an honorarium. This arrangement should be stated in the invitation letter to the visitor. The visitor may receive the reimbursement or honorarium, provided their activity at UTHSCSA lasts no longer than 9 days, and provided they have not received reimbursements/honorariums from more than five other institutions in the US during the last six-month period. Consider inviting the visitor with a J-1 visa, "Short Term Scholar" category, if the person does not meet these criteria. Evidence of status includes a valid passport, visa stamp, and Form I-94, a valid passport and a Form I-94 if the visitor is exempt from obtaining a visa (Visa Waiver Program), or just an I-94 if the visitor is exempt from obtaining a visa and a passport (only Canadian citizens). If the visitor adjusted status to B-1 in the US, a Form I-797 issued by INS takes the place of the I-94. The visitors are not required to have health, accident, medical repatriation or repatriation of remains insurance, so there could be liability issues if the tourist is injured while on the premises. It is not appropriate for visitors with B-2 or WT (tourists for pleasure) visas to participate in any official capacity at the institution. Note: A Canadian citizen who enters the US without obtaining a Form I-94 is assumed to have entered in B-2 (tourist for pleasure) status. A Mexican national who enters the US with a Border Crossing Card, which is in many respects the equivalent of a B visa, is not allowed to stay in the US for more than 72 hours and may only travel within 25 miles of the Mexican border. EXCHANGE VISITORS – J-1 VISAS
Visitors coming temporarily to the US to participate in a program that can include teaching, instructing, lecturing, studying, observing, conducting research, consulting, demonstrating skills, receiving training, etc. The institution's policy is to invite foreign nationals to come to the US with J-1 visas if they will be Research Fellows or Postdoctoral Fellows. If the visitor is already in the US with another visa type, other visa options for these positions can be considered. The category chosen on the Form IAP-66 (e.g., student, short-term scholar with a 6-month limit, research scholar or professor with a 3-year limit, specialist) determines the regulations for the visitor. Based on the program information provided to OIS by the department, the appropriate category can be determined. A feature of the J-1 visa is a requirement called the "Two Year Home Residence Requirement" - {INA Section (212) e}. Not all J-1 visa holders are subject to this requirement, but if they are, they are expected to return home to their country following completion of their J-1 objective in the US, and stay there for 2 years before returning to the US as an H-1b visa holder or a permanent resident. The criteria that makes a J-1 visa holder subject to this requirement is receiving government funding to participate in a program in the US, or being a citizen or permanent resident of a country that has a need for the visitor's skills. It may be possible for a visitor to obtain a waiver of this 2-year requirement. OIS can provide important information about the process that would be needed before the visitor could apply to change visa types to H-1b or file for permanent residency status. In order to invite a J-1 visitor, upon the department's request, OIS sends them a "J-1 Packet" for completion. The visitor must be able to show a minimum amount of funding, and documentation of any non-UT funding is also required. Upon receipt of the information, OIS prepares a Form IAP-66 (prepared for no more than a year at a time) and Federal Expresses it to the visitor. The visitor obtains a J-1 visa at a US Consulate or Embassy abroad (except for Canadians who don't actually require visa stamps). J-1 visa holders who are already in the US must be transferred to the UTHSCSA J-1 program without even a one-day break. The transfer objective must be the same as the one they have been pursuing. The visitor checks in with OIS upon arrival, and is oriented about the regulations for their visa type. They are assisted in obtaining a Social Security number or a temporary identification number, as well as information about taxes and the mandatory health insurance required of all J-1 visa holders. The department informs the OIS when the visitor leaves. J-1 researchers, scholars, and professors may be employed (or receive compensation) only at UTHSCSA, and only in the capacity specified on the Form IAP-66. They may receive compensation (e.g., to lecture or consult) from other institutions or organizations only with prior written authorization from OIS. Evidence of status includes a valid Form IAP-66 (pink copy), valid passport (unless a passport-exempt Canadian citizen), a J-1 visa stamp (unless a visa-exempt Canadian citizen), and a Form I-94 (or a Form I-797 if the visitor adjusted to J-1 status in the US). Employment/compensation must stop when the program or the validity date on the IAP-66 ends. The dependent of a J-1 visa holder is a J-2 visa holder, and they can apply to INS for work permission with the assistance of OIS. Visitors coming to UTHSCSA to engage in Clinical Training (Residencies or Fellowships) are required to be certified and sponsored by ECFMG. These visitors have J-1 visas, and their invitations and extensions are coordinated by OIS (Training Program Liaisons). Please contact OIS about visitors planning to come to the institution to engage in clinical training programs. ACADEMIC PROGRAMS FOR STUDENTS- F-1 VISAS OR J-1 VISAS
A student who is accepted to pursue a defined full time academic program at UTHSCSA must submit a written application, and receive a formal letter of acceptance (usually from the Program Director and the Dean) into a program such as a degree program, or a Fellowship, a Residency, or a Preceptorship. Some programs require students to register through Student Services, and some don't, but all must be considered to be pursuing a full time academic program. Some visitors are accepted into combined programs such as a Residency (a Certificate program) with a Ph.D. program. OIS needs verification of the student's acceptance into both programs, so both can be listed on the Form I-20 or Form IAP-66 the student will be issued to obtain a visa. Usually the program has tuition/fees, living expenses, and/or other costs. OIS needs to know the costs (there are some mandatory fees if they register through Student Services) and OIS will need evidence that the student has the necessary funding before a Form I-20 or a Form IAP-66 can be issued to the student. OIS receives complete information from the department, including a copy of the student's application, a program description (including what is considered full-time for every semester), details about the expenses (tuition, books, uniforms, fees, etc.), expected dates of the program, etc. Then OIS prepares a Form I-20 or Form IAP-66 and Federal Expresses it to the visitor. They obtain an F-1 or J-1 visa at a US Consulate or Embassy abroad (except for Canadians who don't actually require visa stamp). F-1 and J-1 visa holders who are already in the US must be transferred to the UTHSCSA program. Evidence of status includes a valid Form I-20 (F-1 visa) or Form IAP-66 (J-1 visa), a Form I-94 (or an I-797 if the person changed to student status in the US), and a valid passport and visa stamp (unless a Canadian citizens exempt from the passport and visa requirement). Students check in with OIS upon arrival and are oriented about the regulations for their visa type. They are assisted in obtaining a Social Security number or a temporary identification number, as well as information about taxes and health insurance coverage, as necessary (required of all J-1s and students who register through Student Services). Changes to their program may impact their visa status, so the student should seek authorization prior to making any program changes (e.g., leaves of absence, falling below full time status, changing departments or the program listed on the Form I-20 or IAP-66, etc.) The department informs OIS when the visitor leaves. J-1 students may be employed part time (up to 20 hours per week) on the UTHSCSA campus unless they have permission from the program's Responsible Officer to work elsewhere. F-1 students can receive compensation for up to 20 hours of work per week on campus. Special permission is required for the F-1 student to work off-campus. The dependent of an F-1 visa holder is an F-2 visa holder, and cannot be employed or receive compensation for any service they provide (e.g., tutoring) The dependent of a J-1 student is a J-2 visa holder and can apply to INS for work authorization. TN STATUS - For Canadian and Mexican Citizens Coming As Temporary Professional Workers
Under the North America Free Trade Agreement, TN status is available for both Canadian and Mexican citizens; however, due to the procedures involved for Mexican citizens, TN status is generally not chosen. Consequently, only the procedures for TN status for Canadian citizens are described. After following the appropriate recruitment procedures, the hiring faculty member contacts OIS to discuss the position, the prospective candidate, and the TN procedures. OIS receives a copy of the job contract letter and contacts the prospective employee to discuss their entry to the US. When entering the US, the TN visitor must demonstrate to the INS official that they are coming to the US to engage in business activity at a professional level in one of the professions or occupations listed in "The TN Schedule". The individual must have verification (e.g., an invitation letter) of an employment agreement offering a position, stating the salary, and that the position is temporary. The visitor can have no intent to stay in the US permanently. The individual must possess at least a baccalaureate or licenciatura degree in a related field of study, and there must be a reasonable connection between the academic or professional credentials of the individual and the duties he/she will perform. The visa must be renewed annually, usually by travel to Canada. A TN status holder may be employed and compensated only by UTHSCSA in an activity in accordance with the provisions of the treaty. More than one employer may employ the visa holder at once, if he or she has obtained TN status for each employer. Employment/ compensation must end when the I-94 validity date ends. The visitor checks in with OIS upon arrival for an orientation before the program starts, and is assisted in obtaining a Social Security number or temporary identification number, as well as information about taxes and health insurance, if requested. Changes in the program (title, duties) require a new TN approval. The department notifies OIS when the visitor leaves. Evidence of status includes a valid I-94, and passport if he/she has one (not required). The dependent of a TN status holder is a TD status holder, and the TD status holder cannot be employed or compensated for any service they provide. H-1b VISAS - "Temporary Workers"
After following the appropriate recruitment procedures, the hiring faculty member contacts OIS to discuss the position, the prospective candidate, and the H-1b petition procedures. The faculty member is sent an "H-1b Packet" containing all of the documents needed for OIS to file the Prevailing Wage Request, the Labor Condition Application, and the INS petition for the H-1b approval. The procedure takes approximately 4 months although an expedited process known as Premium Processing is available at a substantial cost. Employment is position and employer specific. A visitor may hold H-1b status for up to 6 years, but the initial petition can be for no more than 3 years. There is a minimum salary that the department will be required to pay the employee, determined by the prevailing wage dictated by the Texas Workforce Commission/Department of Labor or the actual wage paid to similarly qualified workers in the department, whichever is higher. The position must be temporary employment, and the job must require at least a Bachelor's degree. INS must consider the position to be a "specialty position", which is defined as, "an occupation which requires theoretical and practical application of a body of highly specialized knowledge". A petition for a Foreign Medical Graduate must include information about the extent of patient contact planned. Jobs that will include "Incidental Patient Contact" or "Regular Patient Contact" require descriptions of these activities, and/or evidence of necessary licenses/credentials. Employment is permitted only with UTHSCSA. H-1b visa holders are prohibited from receiving payments for other organizations, and a new petition is necessary if the work situation changes. Individuals may obtain H-1b approval to work for more than one employer at once. Employment must end when the validity date on the Form I-797 ends, unless a petition for an extension has already been filed with INS in a timely manner. If so, employment/compensation may continue for up to 240 days after the petition is filed. Before starting work, the visitor checks in with OIS for orientation, and is assisted in obtaining a Social Security number, if necessary, as well as information about taxes. Evidence of status includes an H-1b visa stamp (unless a Canadian citizen who is visa-exempt, or unless the visitor has not traveled abroad since adjusting to H-1b status), a Form I-797 indicating the institution and the valid dates of employment, and a valid passport (not required of a Canadian citizen). The dependent of an H-1b visa holder is an H-4 visa holder and cannot be employed or be compensated for any service provided. ALIENS OF EXTRAORDINARY ABILITY-O VISAS
An O visa is available for an individual who has extraordinary ability in the sciences, arts, education, business or athletics, which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field. The person must demonstrate "a level of expertise indicating that the person is one of the small percentage who have risen to the very top of the field of endeavor." A consultation and recommendation from a peer group is required. A visitor may hold O visa status indefinitely but the initial petition can be for no more than 3 years. Extensions are granted in 1- year increments. Employment is only permitted with UTHSCSA although an individual may obtain O-1 approval to work for more than one employer at once. O visas are increasingly difficult to obtain and OIS should be consulted. The dependent of an O-1 visa holder is an O-3 visa holder and may not receive any compensation or reimbursement. APPLICANT FOR PERMANENT RESIDENCE
There are five main ways to become a permanent resident:
- If the visitor has a US citizen or US permanent resident brother, sister, child 21 years or older, spouse, parent, or fiancé who files on their behalf;
- If the visitor is offered a full-time job (the process is called Labor Certification);
- If the visitor is offered asylum in the US because they fear (documented) persecution because of religion, race, social group, political opinion, or national origin in their country;
- If the visitor invests $500,000 to $1,000,000 in a US business, and creates ten full- time jobs; and
- If the visitor is selected in the annual "Visa Lottery" for persons born in countries that are traditionally under-represented in the US.
A "Green Card" holder eligible for employment just like a US citizen. OIS is not involved in the invitation, payment, or activities of these visitors.
1. What is the Visa Waiver Program?
The Visa Waiver Program (VWP) enables citizens of participating countries to travel to the U.S. for tourism or business for 90 days or less without obtaining a U.S. visa. The Attorney General in consultation with the Secretary of State administers the VWP. The Visa Waiver Program (VWP) was created by an act of Congress as a pilot program in 1986 and implemented in 1988. Congress passed legislation to make the program permanent in October 2000, and the President signed the legislation on October 30, 2000. Currently there are 29 participating countries in the VWP: Andorra, Argentina, (suspended from the program effective February 21, 2002) Austria, Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, The Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, the United Kingdom and Uruguay. 2. How can travelers enter the U.S. on VWP?
To enter the U.S. on VWP, travelers from participating countries must:
- Have a valid passport issued by the participating country and be a citizen (not merely a resident) of that country. As of October 1, 2007, the passport presented at the US port of entry must be a machine readable passport;
- Be seeking entry for 90 days or less as a temporary visitor;
- If entering by air or sea, have a round-trip transportation ticket issued on a carrier that has signed an agreement with the U.S. government to participate in the VWP, and arrive in the United States aboard such a carrier.
- Have proof of financial solvency and hold a completed and signed visa waiver arrival/departure form (I-94W), on which he/she has waived the right to a hearing of exclusion or deportation. These forms are available from participating carriers, from travel agents, and at land-border ports-of-entry. (Travelers should consult carriers to verify which ones are participating before making travel arrangements.)
Visitors applying for entry under this program are allowed to remain 90 days. No extensions of stay can be granted, and VWP travelers cannot change their status. Consistent with regulations pertaining to B1/B2 temporary visitor visas, travelers coming under the VWP cannot work or study. 4. Would a citizen of a VWP country ever need to apply for a visa?
Certain travelers still need to apply for a visa, such as those who plan to work or study in the U.S., stay more than 90 days, or who might otherwise be ineligible for a visa. Travelers previously denied visas, or who have criminal records, or who believe they may be ineligible to enter the U.S. on the VWP, should contact the nearest U.S. Embassy or Consulate before attempting to travel on the VWP.