Income from U.S. Sources

Employment permitted on and off-campus under certain circumstances; curricular practical training and twelve months of optional practical training (OPT) permitted

Probable Tax Status

Nonresident for five years

Eligibility Criteria

Admission to academic course of study; evidence of financial support; indication of English proficiency or admission to English training program

Maximum Stay in U.S.

As long as full-time academic progress continues; must seek program extension if completion of program is delayed

Advantages

Easy to obtain; easy to change status when applicable; not subject to two-year home residence requirement (as opposed to J-1)

Disadvantages

Limited to students who meet normal admission requirements for recognized degree program; off-campus work limited; spouse cannot work

Supporting Documents

Proof of academic admission shown on I-20; evidence of financial support

Forms

1.  I-20 AB
2.  I-538 for off-campus work, PT, 
     extensions
3.  I-765 for OPT, economics
     hardship (USCIS will issue an
     "EAD")

Income from U.S. Sources

Employment permitted only with petitioning employer(s)

Probable Tax Status

Resident in meets IRS substantial presence test

Eligibility Criteria

Possession of at least a bachelor's degree (or equivalent experience except where Ph.D. required) and skills; position must be temporary and in a specialty occupation, and meet wage requirements

Maximum Stay in U.S.

Up to three years at entry; renewable for total stay of six years

Advantages

May have long term intent to immigrate; not subject to home residence requirement (as opposed to J-1)

Disadvantages

Must file with both Dept. of Labor and USCIS; employer may incur severe liability under DOL rule; H-4 spouse cannot work; employer liable for return transportation cost

Supporting Documents

Highest degree certificate; job contract or agreement; letter attesting to job duties and requirements as well as professional qualifications

Forms

1.  Labor condition application
     (ETA 9035)
2.  I-129 with H supplement 

Income from U.S. Sources

Reimbursement for expenses only; no salary; honorarium permitted under certain circumstances

Probable Tax Status

Nonresident

Eligibility Criteria

Proof of scholarly or business purpose of U.S. visit

Maximum Stay in U.S.

Six months at entry; renewable to twelve months; if honorarium paid, visitor limited to 6 visits to six months, 9 days/institution

Advantages

Quick and relatively easy to obtain

Disadvantages

Strict limitation payments from U.S. sources

Supporting Documents

Invitation letter with dates and purpose of visit; proof of adequate funds; evidence of return ticket

Forms

None

Income from U.S. Sources

No U.S. salary; limited honorarium

Probable Tax Status

Nonresident

Eligibility Criteria

Evidence of financial support and tourist plans

Maximum Stay in U.S.

Six months at entry; renewable up to twelve months with difficulty; same as above re: honoraria

Advantages

Quick and relatively easy to obtain

Disadvantages

Limited stay in U.S.; no salary from U.S. sources permitted

Supporting Documents

Proof of adequate funds for visit; evidence of return ticket

Forms

None