U.S. Entry Visa Options for International Students, Scholars, and Faculty
B-1 Visitor for Business
Income from U..S sources:
Reimbursement for expenses only; no salary; honorarium permitted under certain circumstances (stay at Dartmouth college limited to no more than nine days).
Probable tax status:
Nonresident.
Eligibility criteria:
Proof of scholarly or business purpose of U.S. visit; entry for medical clerkship or medical school elective / rotation.
Maximum stay in US:
Six months at entry; renewable to twelve months; if honorarium paid, visitor limited to 6 visits in six months, 9 days/institution.
Advantages:
Quick and relatively easy to obtain.
Disadvantages:
Strict limits on payments from U.S. sources.
Supporting documents:
Invitation letter with dates and purpose of visit; proof of adequate funds; evidence of return ticket.
B-2 Visitor for Pleasure
Income from U.S. sources:
No U.S. salary allowed; only limited honorarium.
Probable tax status:
Nonresident.
Eligibility criteria:
Evidence of financial support and tourist plans.
Maximum stay in US:
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.
Visa Waivers: WB (Business) or WT (Pleasure)
Very similar to the B-1 and B-2 visas, with the following differences:
Only citizens from designated countries under the Visa Waiver Pilot Program may utilize WB and WT. No allowed income from U.S. sources, and the maximum stay in the US is 90 days - with no extension or change of status permitted.
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 US:
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.
Form issued to apply for visa:
SEVIS I-20.
H-1 B Temporary Worker in Specialty Occupation
Income from U.S. sources:
Employment permitted only with petitioning employer.
Probable tax status
Resident if 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 US
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 Department of Labor and CIS; employer may incur severe liability under DOL rule; H-4 spouse cannot work; employer liable for return transportation cost if employment terminated early.
Supporting documents
Highest degree certificate; job contract or agreement; letter attesting to job duties and requirements as well as professional qualifications.
