H's, B's and Other Visa Types
The J-1 Exchange Visitor program visa is great for certain overseas nationals who wish to come to NC State for certain purposes. Many foreign national post-docs and visiting scholars (e.g., faculty from overseas institutions here on sabbatical) are here on the J-1 visa. Not everyone is eligible for – or interested in – the J-1 visa, however, and there are a number of other visa types that may be more appropriate. The important thing to remember is that the J-1 visa (research scholar category) is not an employment visa, but a temporary cultural exchange visa for overseas researchers who meet certain eligibility requirements.
If an academic or research department is interested in employing an overseas professional or worker, then the H-1B Specialty Occupation Worker visa may be the best route. This is an employment visa that requires approval from USCIS and has minimum wage requirements. There is a 6 year limit to the H-1B visa. More information and necessary forms for the H-1B visa are available on the Human Resources website and the staff of the International Employment Office would be happy to discuss the position requirements and application process with you. This visa is often used for tenure track positions, for those employees on F-1 OPT, who are already in H-1B status at another institution, or as an intermediate step toward permanent residency.
The TN visa is a convenient visa the University uses for Canadian and Mexican employees. The O-1 visa is also used on rarer occasions when a foreign national of extremely high caliber and international renown is hired.
The B-1/B-2 visa is used for temporary visitors – very convenient for those who wish to attend a conference or workshop, give a lecture, interview for a position, engage in unpaid consulting, etc. It cannot be used for employment or studies. There is a 6 month maximum and the individual must document the purpose of the temporary business or pleasure visit. There is a sample “invitation letter” on the Human Resources website departments may adapt and share with an invited guest. Visitors may not be paid and rules regarding reimbursement or honoraria are strict. Please see the relevant webpages regarding payments to visitors (see below). Departments should never invite (employment or student) applicants to come to the University on a visitor visa with the idea that they can change their visa after arrival. These applications require long processing by USCIS and are rarely approved.
The WB/WT visa waiver program may be an option for nationals from certain countries (see country list) who wish to visit the US for a maximum of 3 months without having to apply for and obtain a Visitor visa at the US Embassy in their home country. There are no extensions, no changes, and no payments for individuals who visit on the visa waiver program.
University units will also sometimes hire international researchers (post-doc positions or other temporary/visiting researcher positions) who are graduating from NC State University or from other US schools. International students who graduate from a US school in F-1 or J-1 status can usually get post-completion employment authorization known as Optional Practical Training (“OPT” for those in F-1 status) or Academic Training (for those in J-1 student status). Those on OPT will have an Employment Authorization Document (EAD) which allows them to work anywhere in the US as long as it is a temporary position in their most recent field of studies; OPT applicants do not need an offer letter to apply for the EAD and can be put on payroll as soon as the EAD is valid. J-1 students must have a specific offer letter from the employer (also required to be related to their field of study), but can be authorized by the student’s J-1 Program Sponsor. Supervisors will often hire young researchers graduating from US programs on OPT or AT and then work with Human Resources to “switch” them to an H-1B visa (necessary in order to work beyond their initial periods of employment or those being put into a permanent or tenure-track position).