Researchers have a wide variety of options that allow them to work, attend conferences, take part in business meetings, and engage in other activities in the United States, whether they plan to stay in the United States for a few days or several years.
The temporary U.S. visa options that tend to be most promising for researchers are summarized below. This summary is only intended to highlight the most common options in enough detail to allow for a basic understanding of the relative advantages and disadvantages of each option.
O-1 Individual with Extraordinary Ability or Achievement
Duration: Granted for an initial period of 3 years. May be extended indefinitely in increments of one year or, if the researcher will engage in a “new event,” in increments of up to 3 years.
Government Processing Time: Approximately 2-3 months. May request expedited 15 day processing for an additional fee of $1,225.
Tailwinds (Advantages):
May be extended indefinitely
Eligible for expedited processing
A stepping stone to sought-after green card options
Headwinds (Disadvantages)
Applicant must have extraordinary abilities in their area of focus, as defined by USCIS
Even strong cases often receive complex requests for additional evidence from USCIS
L-1 Intracompany Transferee
Duration: Granted for and initial period of 3 years. May be extended for up to a total of 5 years for specialized knowledge workers and up to a total of 7 years for managers or executives.
Government Processing Time: If the employer has an approved L-1 blanket petition, may apply directly through U.S. consulate or embassy abroad, and processing is generally complete within 5 business days following visa interview, although additional delays do occur in some cases.
If the employer does not have an approved L-1 blanket petition, must first apply through USCIS. USCIS is currently processing L-1 petitions in about 2-4 months. May request expedited 15 day processing for an additional fee of $1,225.
Tailwinds:
For a manager or executive who will serve in a managerial or executive role in the U.S. (as defined by US regulations), L-1A status serves as a stepping stone to a sought-after green card option.
Fast processing options, especially if U.S. employer has an approved L-1 blanket petition
May travel internationally throughout green card process
Spouse may apply for work authorization
Headwinds:
US & foreign employer must have an affiliate or parent / subsidiary relationship
Must have worked for foreign employer for 1 continuous year during past 3 years
Even strong cases often receive complex requests for additional evidence from USCIS
H-1B Specialty Occupation Employee
Duration: Granted for an initial period of 3 years and extendable for an additional 3 years. May sometimes extend beyond 6 years based on progress of green card application, but this generally requires at least 2 years of advance planning.
Government Processing Time: If this is the applicant’s first time being sponsored for H-1B visa status, they will be subject to a randomized, annual lottery, unless their U.S. employer is exempt from the lottery.
Exempt employers, whose H-1B petitions are not subject to the random lottery, include the following:
Institutions of higher education;
Non-profit entities which are “related to” or “affiliated with” institutions of higher education;
Non-profit research organizations; and
Government research organizations.
You should consult an experienced attorney to determine whether a potential U.S. employer is likely to be exempt from the lottery.
If the U.S. employer is subject to the lottery, they must file the H-1B petition within the first 5 business days of April (they should begin working with an attorney no later than March 1). If selected in the lottery and approved, the applicant will be eligible to begin work in H-1B status October 1.
Lottery-exempt employers may file an H-1B petition at any time of year. Normal processing takes 5-7 months. May request expedited 15 day processing for an additional fee of $1,225.
Tailwinds:
Spouse may apply for work authorization (but the current administration has signaled its intention to end work authorization for spouses of H-1B workers)
May travel internationally throughout green card process
Potential to extend H-1B status beyond 6 years, based on pending green card process.
For citizens of Chile, Singapore, and Australia, similar statuses are available that are not subject to the annual lottery (known as H-1B1 and E-3 statuses)
Headwinds:
Most H-1B employers are subject to the annual H-1B lottery. In recent years, the odds of being selected in the lottery have been in the range of approximately 30% - 50%.
The Department of Labor requires that applicants be paid the “prevailing wage,” the amount it considers normal for a given occupation and skill level in a given location. It is sometimes difficult for U.S. employers to offer a salary that meets the prevailing wage.
Even strong cases often receive complex requests for additional evidence from USCIS.
J-1 Intern, Trainee, Professor / Research Scholar, or Short-Term Scholar
Duration: Short-Term Scholar programs are available for up to 6 months. Intern programs are available for up to 12 months. Trainee programs are available for up to 18 months. Professor or Research Scholar programs are issued in initial allotments of up to 2 years and may be extended up to a total of 5 years, although some federally-funded positions do not have this 5-year limitation.
Government Processing Time: Approximately 1-4 weeks for designated sponsor organization to issue certificate of eligibility for J-1 status.
Once an applicant receives a certificate of eligibility for J-1 status, they are eligible to apply for a J-1 visa stamp in their passport. J-1 visa stamps are generally issued within 5 business days following the visa appointment, although additional delays do occur in some cases.
Tailwinds:
Spouse may apply for work authorization
Relatively fast application process
Headwinds:
J-1 visa applicants are sometimes required to return to their home country for 2 years before they are allowed to receive another work-authorized status in the U.S. You should discuss this with an experienced attorney if you are considering J-1 status.
Some J-1 categories require an individual to wait 24 months before beginning an additional J-1 program.
TN Scientist (citizens of Canada and Mexico only)
Duration: For Canadian citizens, granted in increments of 3 years, extendable indefinitely. For Mexican citizens, receive one-year TN visa stamp, extendable indefinitely.
Government Processing Time: Same day processing for Canadian citizens by applying directly at the border.
For Mexican citizens, visa generally issued within 5 business days following visa appointment, although additional delays do occur in some cases.
Tailwinds:
Quick processing
May be extended indefinitely
Headwinds:
Must fit into one of the categories set by the TN visa regulations
E-1 / E-2 Essential Employee
Duration: Granted for an initial period of stay of 2 years. May be extended indefinitely in 2 year increments. If applying for an E-2 visa directly through a U.S. consulate or embassy, the applicant will receive a visa stamp in their passport valid for 5 years. Any time an individual enters the U.S. on this visa stamp, U.S. customs should automatically grant an additional 2 years of E-2 status.
Government Processing Time: If applying through a consulate or embassy abroad, the consulate or embassy will generally take between 4 and 12 weeks to review the application. At that point, the consulate or embassy will schedule an in-person visa interview. Following the interview, the consulate or embassy will normally issue a visa within 5 business days following the appointment, although additional delays do occur in some cases.
Tailwinds:
May be renewed indefinitely
Spouse may apply for work authorization
Headwinds
U.S. employer must be majority owned by citizens of visa applicant’s country of citizenship.
Applicant's country of citizenship must have signed treaty allowing for E-1 or E-2 status.
Visa applicant must have skills that are essential to the efficient operation of the U.S. employer.
The U.S. employer must conduct substantial foreign trade or have received a substantial investment from citizens of visa applicant’s home country
This summary is intended to provide a treetops-level summary of the visa options generally utilized by researchers entering the United States temporarily. More detailed content on these options will follow in subsequent posts to Tailwind Blog.
If you are a researcher and have questions about any of these visa options, please contact Tailwind Immigration using the “Let’s Talk” button above, and we can help you understand which options are likely to be most promising for you.
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