Sponsoring Departments for International Employees

J-1 Scholar/Professor

• Cannot be a candidate for tenure
• Limited to 5-years of maximum stay
• Requires a minimum stay of 3 weeks
• Department pays no immigration filing fees
• University can sponsor Scholar/Professors who are self-funded or funded by outside agencies, funding can also be split between department and outside agency
• Perfect for temporary instructor positions or for research positions and for visiting professors on sabbatical

J-1 Short-Term Scholar

• Cannot hold a permanent position or be a candidate for tenure
• Limited to 6-months of maximum stay
• Department pays no immigration filing fees
• University can sponsor Scholar/Professors who are self-funded or funded by outside agencies, funding can also be split between department and outside agency
• Perfect for very short research projects or for visiting lecturers

 J-1 Specialist

• Cannot hold a permanent position or be a candidate for tenure
• Limited to 12-months of maximum stay
• Department pays no immigration filing fees
• Perfect for specialty occupations such as Coach or Athletic Trainer

H-1B Worker

• Can hold a permanent position and be a candidate for tenure
• Limited to 6-years of maximum stay
• Department pays filing fees: I-129 Fee, New Application Anti-Fraud Fee, and an optional Premium Processing Fee
• Department agrees to employ the international employee for the entire period requested on the H-1B application; early termination requires the department to pay the return flight costs for the employee
• Requires approval from US Citizenship and Immigration Services which can take several months unless Premium Processing is used
• Perfect for any permanent position or tenure-track position

TN – Trade NAFTA

• Cannot hold a permanent position or be a candidate for tenure
• Limited to 1-year of stay per TN period, no maximum for TN
• Only available to citizens of Canada and Mexico in certain areas of employment
• Department pays filing fees for TN applicants within the United States: $320 I-129 Fee and an optional $1000 Premium Processing Fee
• Department agrees to employ the international employee for the entire period requested on the TN application
• Perfect for temporary and non-tenure instructor positions or for research positions

O-1 Aliens of Extraordinary Ability

• Can hold a permanent position and be a candidate for tenure
• Limited to 3-years of initial stay, with 1-year extensions
• Department pays filing fees: $325 I-129 Fee and an optional $1225 Premium Processing Fee
• Department agrees to employ the international employee for the entire period requested on the O-1 application; early termination requires the department to pay the return flight costs for the employee
• Requires a lot of paperwork and documentation from the department and applicant
• H-1B is often much easier to file and to renew
• Primary use is for those who are ineligible for H-1B-status because of a two year home residency requirement which cannot be waived or for those who have used the full six years of H-1B eligibility

Permanent Residence (Green Card)

• Must hold a permanent position or be a candidate for tenure
• Department must pay some of the legal fees, other payment structures determined by departmental policy
• Process can take several years
• Requires substantial paperwork and documentation from the department and applicant
• Processed by ISSS and outside legal counsel
• Perfect for any permanent position or tenure-track position; also perfect transition for H-1B employees who are nearing the end of their H-1B eligibility

A self-petitioned visa is a type of immigrant visa that allows a foreign national to apply for permanent residency without an employer or family member sponsor.

B-1/B-2 Visitor Visa or Visa Waiver

• Cannot hold any position with the University of Mississippi
• Department pays no immigration filing fees
• Stay is limited
• Can receive honorarium and reimbursement for travel expenses in limited circumstances
• Department must file Form 13
• B-1/B-2 Holder or Visa Waiver Holder must complete Form 13-S
• Perfect for a guest lecturer coming to the University for less than 9 total days

F-1 Student Optional Practical Training

• Can hold a permanent position and be a candidate for tenure
• Limited to 1-year of authorization, work must be in a field related to the student’s major
• Primarily used by recent college graduates
• F-1 student must file for the OPT with his/her College or University
• F-1 student must have the employment authorization card before beginning work
• Department pays no immigration filing fees
• Perfect as a transition work authorization, F-1 OPT holders can change status to J-1, O-1, or H-1B

F-1 Student Curricular Practical Training

• Should not hold a permanent position or be a candidate for tenure
• Limited to 1-year of authorization at a time, work must be in a field related to the student’s major
• Primarily used by students to fulfill practicum or internship requirements
• F-1 student must file for CPT Authorization with his/her College or University
• F-1 student must have the CPT Authorization on his/her I-20 before beginning work
• Department pays no immigration filing fees
• Perfect for internships and short-term research

J-1 Student Academic Training

• Can hold a permanent position and be a candidate for tenure
• Limited to 18-months of authorization (36-months for a postdoctoral researcher), work must be in a field related to the student’s major
• Primarily used by recent college graduates, can also be used by students to fulfill practicum or internship requirements
• J-1 student must file for the Academic Training with his/her College or University
• J-1 student must have Academic Training approval on his/her DS-2019 before beginning work
• Department pays no immigration filing fees
• Perfect as a transitional work authorization, some J-1 Academic Training holders can change status to O-1 or H-1B

• The international employee should work with the department to complete the appropriate application form with International Student and Scholar Services (i.e. J-1 Application, H-1B Enclosure B Form, etc.).
• Once the international applicant has completed the appropriate forms, the applicant submit all forms and supporting documents to the University department which will host him/her.

Application Form

• After receiving all documents from the international applicant, the school or department should complete the departmental section of the appropriate application form (i.e. J-1 Application Sections 3 & 4, H-1B Enclosure A Form for the department, etc.).

Submit to ISSS

• Once the department has completed their sections of the form, the department should submit both the international applicant’s materials and the department application form along with any accompanying financial documentation to Immigration Support Services.

Letter of Support

• In most cases, departments should also write a letter of support for any International Applicant. The letter of support is similar to a job offer letter. The letter will be sent by the department along with all documents to International Student and Scholar Services.
  • Sample support letters are included in the application packets on the International Student and Scholar Services website.

Human Resources

• Additionally, departments should process the Form 1 with Human Resources for any incoming international employee. All international employees must be processed for hire through Human Resources, regardless of the source of the scholar’s funding.

Application Processing and Wage Verification 

• After receiving all documents from the international applicant and department as well as the proof of finances, ISSS will process the visa application forms.
  • In many cases such as H-1B and PR petitions, ISSS must verify the prevailing wage for an international employee with the Department of Labor in Jackson, MS. This process can take as long as 2 weeks.

Human Resources Approval

• Additionally, all petitions require the approval of Human Resources. This means that there should be a record on file for an employee, such as a Form 1 for hire or a Form 3 if the international employee’s title or salary has been changed. H-1B, O-1, and TN Petitions require the Human Resources Director’s signed approval.
• Permanent residency petitions require both HR approval and the approval of the Chancellor. Please allow up to two days for International Student and Scholar Services to receive these approvals.

Processing Time

• Once all application materials, supporting documents, DOL approvals, and HR approvals are received, please allow 1 week for the Office of International Programs to process all documents and submit petitions.