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 depending 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 |
Disclaimer
The information contained on this web page is provided as a service to the international faculty, researchers, staff, employees and administrators of University at Buffalo, and does not constitute legal advice on any immigration, tax, or other matter. We try to provide useful information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site or any associated site. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel. Neither the University at Buffalo nor the Office of UB Immigration Services is responsible for any errors or omissions contained on this web page, or for the results obtained from the use of this information.
Contact
Email: immsvcga@buffalo.edu Tel. Number: (716) 645-2355