This chart gives an overview of visa requirements. Read more detailed information on the following:
| F-1 | Student |
|
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 |
| H1-B | Temporary Worker in Specialty Occupation |
|
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 |
| B-1 | Visitor for Business |
|
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 |
| B-2 | Visitor for Pleasure |
|
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 |