Common Visa Types
Non-immigrant visa is any visa issued to
persons with a permanent residence outside the U.S., but who wishes
to be in the U.S. on
a temporary basis such as tourism, business, temporary work, or study. For the
most commonly used visa types at Rice University, see below:
Business (B-1) visa and the Visa
Waiver Program (VWP) allow academic foreign nationals an
opportunity to enter the U.S. for a brief period of time for business
activities and be paid an honorarium, if applicable. The scope is very
limited and includes: business meetings, attendance at conferences,
and short-term (less than 9 days) academic lectures and consultations.
Employment is strictly forbidden on this visa type. Authorization for use
of the B-1/VWP at Rice must be approved by the Executive Director of the Office
of International Students and Scholars or his/her designate prior to the
arrival of the foreign national.
F-1 Student visa is a
nonimmigrant who is pursuing a "full course of study" to achieve a
specific educational or professional objective, at an academic institution in
the United States that has been designated by the Department of Homeland
Security (DHS) to offer courses of study to such students, and who has been
enrolled in SEVIS (the Student and Exchange Visitor Information System).
J-1 Exchange Visitor visa was developed to
implement the Mutual Educational and Cultural Exchange Act (Fulbright-Hayes
Act) of 1961 "to increase mutual understanding between the people of the
United States and the people of other countries by means of educational and
cultural exchanges." The J visa is co-administered and co-authorized by
the Department of State (DoS) and the Department of Homeland Security (DHS). Rice
is authorized to use various categories within the J-1 visa, including Research
Scholar, Professor, Degree-seeking Students, and Non-degree Students.
H-1B Temporary Worker visa is for a "specialty
occupation" that requires "(A) theoretical and practical application
of a body of highly specialized knowledge, and (B) attainment of a bachelor's
or higher degree in the specific specialty (or its equivalent) as a minimum for
entry into the occupation in the United States. The H-1B must also meet
criteria set forth by the Department of Labor and is governed by both statutes
and regulations. Rice has specific guidelines for when the H-1B visa may be
used, with strict protocol that must be followed involving both OISS and HR (http://oiss.rice.edu/H1B).
O-1 visa is for the employment of individuals who have achieved and
sustained national or international acclaim for extraordinary ability in the
sciences, arts, education, business or athletics. The category permits an
employer to petition the United States Citizenship and Immigration Services (USCIS)
for an individual to come to the United States on a temporary basis to continue
to work within his or her area of extraordinary ability or achievement. It is
used on a limited basis at Rice, but will occasionally be the recommended route
determined by OISS in those situations where it is deemed the best fit for the
purpose of the program, and where all other visa options have been excluded.___
Trade North American Free Trade
Agreement (or “TN”) facilitates the entry of Canadian and Mexican citizens to
the United States to engage in professional business activities on a temporary
basis. Only occupations specified in Appendix 1603.D.1 of the NAFTA treaty can
serve as the basis for TN employment. Appendix 1603.D.1 also stipulates the
minimum qualifications for entry into the U.S. in each occupation.
Permanent Residency is
a legal status that does not require a visa. It may be obtained in various ways such as family
sponsorship, political asylum, diversity lottery, or employment based.
PERM Processing for Permanent Residency – PERM stands for Program Electronic
Review Management process and refers to processing one type of permanent
residency that is based on employer sponsorship; PERM requires a Labor
Certification process as part of an employer-based petition for permanent residency.
Rice has a comprehensive manual to assist with PERM processing for
international faculty and staff (see http://oiss.rice.edu/H1B). It includes guidelines for the
circumstances under which Rice will sponsor PERM.