UB Immigration Services provides the following table in order to assist hiring units to review nonimmigrant visa/status options that may be used for particular circumstances. The chart captures circumstances at a very generalized level, however. After UBIS reviews all relevant evidence, it may find the proper visa/status differs from the hiring unit's. If you would like us to conduct a preliminary review of the circumstances of a case, please call us at (716) 645-2355.
| INTENT: IMMIGRANT/NON-IMMIGRANT | VISA/STATUS | PERMISSIBLE ACTIVITIES | LENGTH OF STAY | PERMISSIBLE PAYMENTS/REMUNERATION | EMPLOYER SPONSORSHIP REQUIRED? |
| Non-immigrant | WB Visa Waiver for Business | Independent research; conduct business for individual's overseas employer; attend workshop/seminar; give lectures; research collaboration not permitted | Up to 90 days | Reimbursements Honorarium for academic activities of 9 days or less | NO |
| Non-immigrant | B-1 Visitors for Business | Independent research; conduct business for individual's overseas employer; attend workshop/seminar; give lectures; research collaboration not permitted | Up to 6 months dependending on POE approval | Reimbursements Honorarium for academic activities of 9 days or less | NO |
| Non-immigrant | J-1 Short-term Scholar | Educational/cultural exchange in the form of lectures, observation, consultation, and participation in seminars, workshops, conferences, study tours, professional meetings, or similar types of educational and professional activities | Up to 6 months; no extensions permitted | Permissible funding sources: University stipend, personal funds, home university funding, foreign scholarship councils, etc. | YES |
| Non-immigrant | J-1 Research Scholar | Educational/cultural exchange primarily in the form of research, although some teaching is allowed | Up to 5 years, in one year increments | Permissible funding sources: University stipend, personal funds, home university funding, foreign scholarship councils, etc. | YES |
| Non-immigrant | J-1 Professor | Educational/cultural exchange in the form of teaching, although some research is allowed. Not for tenure-track positions | Up to 5 years, in one year increments | Permissible funding sources: University stipend, home university funding, etc. | YES |
| Non-immigrant | J-1 Specialist | Educational/cultural exchange in the form of an expert in a field of specialized knowledge coming to observe, consult or demonstrate a special skill | Up to 1 year only | Permissible funding sources: University stipend, personal funds, home university funding, etc. | YES |
| BOTH (Dual Intent) | H-1B | Employment in professional positions that require application of a body of specialized knowledge | Up to 6 years, in increments of up to 3 years | Must be paid wages and given benefits comparable to U.S. workers similarly employed | YES. Hiring unit must pay all immigration filing fees, except dependent and premium processing fees |
| Non-immigrant | TN | Citizens of Canada and Mexico in professional positions covered by NAFTA | Up to 3 years at one time; may request extensions indefinitely | Must be paid wages and given benefits comparable to U.S. workers similarly employed | YES |
| BOTH (Dual Intent) | O-1 | Employment of individual with "extraordinary ability" in the sciences, art, education, business or athletics | Up to 3 years initially; may request 1-year extensions | Must be paid wages and given benefits comparable to U.S. workers similarly employed | YES |
| Non-immigrant | E-3 | Citizens of Australia in professional positions that require the application of a body of specialized knowledge | Up to 2 years at one time; may request extensions | Must be paid wages and given benefits comparable to U.S. workers similarly employed | YES |
