Scholars, Faculty, & Staff
Visas for international faculty and academic staff at the University of Mississippi are processed through International immigration Services
Basic Overview of Sponsorship and Academic Training Options
This summary of visa sponsorship guidelines constitutes both federal regulations and institutional policy. Sometimes there are exceptions to the guidelines, and other visa options (B-1, J-2, F-1, O-1, etc.) may exist.
Determining Visa Type
Categories sponsored by the University
- 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
- 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
- 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
- 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
- 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
- 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
- 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
Categories that are Self-Petitioned
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.
- 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
- 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
- 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
- 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
- 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
- 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
- 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
Steps for Visa Processing
The international employee should work with the department to complete the appropriate application form with Immigration Support Services (i.e. J-1 Application, H-1B Enclosure B Form, etc.).
Once the international applicant has completed the appropriate forms, the applicant should submit all forms and supporting documents to the University department which will host him/her.
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.).
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 International Student and Scholar Services.
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.
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.
After receiving all documents from the international applicant and department as well as the proof of finances, International Student and Scholar Services will process the visa application forms.
In many cases such as H-1B and PR petitions, International Student and Scholar Services 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.
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.
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.
All International Scholars and Professors who are being hired or hosted by the University of Mississippi must be processed for hire through Human Resources before International Student and Scholar Services can process any visa paperwork.
Human Resources processing is necessary, regardless of the source of the employee’s funding (this includes scholars whose funding comes from Fulbright sponsorship, personal funds, or outside grants).
Departments should process the Form 1 with Human Resources for any incoming international employee.
Faculty or Research Scholars who are funded externally and will not be receiving any University of Mississippi funding should be processed with Human Resources as either a “Visiting Scholar” or as a “Visiting Scientist” with a zero-sum salary.
Additionally, if a scholar or faculty member’s title or salary is changed, a Form 3 will need to be submitted to Human Resources before International Student and Scholar Services can process any visa paperwork.
New Hire Check-In
Check-in and orientation for new international faculty and scholars is very important. International Student and Scholar Services must meet with ALL new international employees, regardless of their immigration status. This means that all international employees on J-1, J-2 EAD, F-1 OPT or CPT, TN, O, H-1B, Permanent Residency, and PR-applicants with EAD Cards must check-in with the Office of International Programs when they first arrive at the University of Mississippi.
During check-in, International Student and Scholar Services will advise new international employees on a variety of immigration issues as well as provide resources to assist with adjustment to life in Oxford.
- Social Security Application
- Banking
- Health Care and Health Insurance
- Address Reporting Requirements
- Travel Requirements
- Immigration Regulations
- Child care and school resources
- Programming activities and opportunities for involvement
Check-in and orientation require up to an hour to complete. New international faculty and scholars or the departments must set up an appointment with the Immigration Support Services Staff prior to check-in and orientation.
New international faculty and scholars should bring the following items with them to their check-in and orientation appointment:
- Passport
- Visa documents (DS-2019, I-797 Approval Notice, I-20)
- Employment Authorization Card (If on J-2, F-1 OPT, or PR-applicant)
- Green Card (for Permanent Residents only)
- Dependent family members information, passport, supporting documents
- Health insurance information
All International Scholars and Professors who are being hired or hosted by the University of Mississippi must be processed for hire through Human Resources before International Student and Scholar Services can process any visa paperwork.
Human Resources processing is necessary, regardless of the source of the employee’s funding (this includes scholars whose funding comes from Fulbright sponsorship, personal funds, or outside grants).
Departments should process the Form 1 with Human Resources for any incoming international employee.
Faculty or Research Scholars who are funded externally and will not be receiving any University of Mississippi funding should be processed with Human Resources as either a “Visiting Scholar” or as a “Visiting Scientist” with a zero-sum salary.
Additionally, if a scholar or faculty member’s title or salary is changed, a Form 3 will need to be submitted to Human Resources before International Student and Scholar Services can process any visa paperwork.
J-1 Exchange Vistor Program
Persons who are coming to the U.S. for a short-term program in a variety of different areas: study, long-term research, short-term research, teaching, training, as well as a few other categories.
J-Visa holders should have no immigrant intent (i.e. no intention to become permanent residents). This visa category should not be used by departments or internationals for permanent employment positions or to seek Permanent Residency in the United States.
The University of Mississippi authorizes documents only for professors, research scholars, specialists, and students. The SEVIS DS-2019 is the document issued by International Student and Scholar Services to any person approved by the University of Mississippi for a J-1 program. The Application for J-1 Visiting Scholar form is for applicants in all J-1 categories other than student.
Immigrant Intent
J-Visa holders should have no immigrant intent (i.e. no intention to become permanent residents). This visa category should not be used by departments or internationals for permanent employment positions or to seek Permanent Residency in the United States.
The University of Mississippi authorizes documents only for professors, research scholars, specialists, and students. The SEVIS DS-2019 is the document issued by International Student and Scholar Services to any person approved by the University of Mississippi for a J-1 program. The Application for J-1 Visiting Scholar form is for applicants in all J-1 categories other than student.
Basic Requirements
- Intent to pursue appropriate activity (such as research or teaching)
- Intent to return to home country (as determined by consular officer)
- Sufficient funding for program
- Appropriate background for program activity (i.e. the J-1 Visitor meets appropriate degree requirements)
- Adequate English proficiency (as determined by the host department or by the University of Mississippi)
Professor/Research Scholar
- Limited to a maximum stay of 5 years to engage in research and/or teaching
- J-1 Professors may NOT hold or be candidates for tenure
- Must have a specific objective sponsored by the University of Mississippi, such as to conduct research, teach, give lectures or workshops, or offer consultation
- – 12-month bar – The 12-month bar prevents someone from becoming a J-1 Professor/Research Scholar for 12 months following any previous J participation (including J-2 dependent status) unless the person is transferring to the University of Mississippi’s program from another J-1 sponsor, or if the person’s presence in the US on a J program was less than six months, or if the person’s presence was as a J-1 Short-Term Scholar.
- – 24-month bar for repeat Professor/Research Scholar participation – The 24-month bar requires that there be a period of at least 24 months between each stay as a J-1 Professor or J-1 Research Scholar. The 24-month bar is not the same as the 212(e) Rule, also known as the 2-year home residency requirement.
Short-Term Scholar
- Limited to 6 months, may not extend stay beyond 6 months
- 12-month bar does not apply to persons who enter in Short-Term Scholar status and wish to return within 12-months in Professor/Research Scholar category
Specialist
- Limited to visits of up to 12 months
- May not fill a permanent or long-term position of employment in the U.S.
The J-1 Scholar application form is for all new J-1 Scholar Researchers and Professors, Short-term Scholars, and Specialists. Also, any J-1 Scholar who is transferring to the University of Mississippi must submit the J-1 Scholar Application along with an approved J-1 Transfer Eligibility Form. J-1 Scholars who are currently at the University of Mississippi must use the J-1 Scholar Extension in the ISSS Scholar Portal.
APPLICATION STEPS
1. The Applicant
The J-1 Applicant should complete Sections 1 and 2 of the Application for J-1 Visiting Scholar/Professor Form (can be found on the ISSS Forms page, under Employment Request Forms) and sign the statement at the end of Section 2. If the Scholar will be supported by personal funding or by funding from an institute or organization other than the University of Mississippi, the Scholar must also complete Section 3 and include any necessary financial documentation. Once the J-1 Applicant has completed Sections 1 and 2 (and 3 if necessary), the J-1 Applicant should submit all forms to the department which will host him/her.
2. The Department
After receiving all documents from the J-1 Applicant, the department should complete Sections 3 and 4 and submit the entire Application for J-1 Visiting Scholar/Professor (Sections 1, 2, 3 and 4) along with any accompanying financial documentation to International Student and Scholar Services.
Departments should also write a letter of support for any incoming J-1 Research Scholar or Professor. This letter of support is similar to a job offer letter. The letter will be sent by the department along with all documents produced by International Student and Scholar Services, and the letter will be used by the J-1 Applicant during his/her J-1 Visa interview. A sample support letter is included in the application packet.
Additionally, departments should process the Form 1 with Human Resources for any incoming J-1 Scholar or Professor. All J-1 Scholars and Professors must be processed for hire through Human Resources, regardless of the source of the scholar’s funding. Please see the note in Section 4 of this application for more details.
3. International Immigration Services Staff
After receiving all documents from the scholar and department as well as the proof of finances, International Student and Scholar Services will process the DS-2019 Forms for the J-1 Scholar or Professor and for all J-2 Dependents in the US Citizenship and Immigration Services SEVIS Database (Student and Exchange Visitor Information System).
Along with the DS-2019(s), International Student and Scholar Services will prepare a packet for the J-1 Applicant which will include an invitation letter, information about the J-1 Exchange Visitor Program, paying the SEVIS fee, obtaining the J-1 Visa, travel to the United States, and general information about the University of Mississippi and Oxford, Mississippi. The department will be asked to send this information along with their own support letter to the J-1 Applicant (a sample support letter is included in the application packet).
Processing Time
Please submit J-1 applications at least 1-2 months before the intended program start date, and allow at least 1 week for International Programs to process and prepare all documents.
H-1B Visa
Persons who are coming to the U.S. to be temporary workers in a specialty occupation.
To be considered eligible for H-1B, the position must require at least a Bachelor’s degree. Employment approval is granted through the U.S. Citizenship and Immigration Services and is job specific as well as employer and department specific.
The H-1B status may be granted initially for up to a three-year period with a maximum total stay of six years. Workers in this category can fill permanent positions, but must leave the country at the end of their authorized period of stay.
A person in H-1B status is considered to have dual-intent with regards to immigration. This means that while in H-1B status, workers may file for a change to another immigration category. H-1B is often the category used while in the process of applying for U.S. permanent residency.
At the earliest, ISSS may submit an H-1B petition to US Citizenship and Immigration Services 6 months before the intended beginning effective date of the H-1B.
The H-1B application process is very long and requires much documentation from both the department and applicant. It is recommended that departments and applicants begin any new H-1B application, extension, or amendment as close to 6 months in advance of the intended start date as possible.
If timing is a critical issue such as with a new professor hired in the summer months who must begin work at the beginning of the fall semester, departments have the option of filing for Premium Processing. Premium Processing guarantees a decision on an H-1B petition within 15 days of the receipt by US Citizenship and Immigration Services of the I-129, H-1B application. Refer to the H-1B packet under the forms section for the current fee structure.
Maintaining Passport
All international faculty, staff, scholars and students should maintain their passport validity. In general, it is best to have a passport that is valid for at least 6 months longer than the intended dates of stay. If renewal of a passport is necessary, check with your embassy or consulate about the renewal process.
Report Address Changes
International faculty, staff, scholars and students are required to notify International Student and Scholar Services of any address changes. Additionally, all faculty and staff in H-1B status have to report any address change directly to the Department of Homeland Security using the AR-11 Form within 10 days of a change of physical address. More information about address changes and address update requirements can be found on the Forms page.
Limitation of Stay
H-1Bs are only valid for a maximum of 6 years. H-1B holders who have pending Permanent Residency Applications may be able to extend their H-1B status beyond the 6-year limit, but extensions beyond 6 years are generally granted for one year at a time.
If the H-1B holder has not left the country since the most recent H-1B Approval, they are valid to stay in the country for the time period listed on the H-1B I-797 Approval Notice.
If an H-1B holder has traveled outside of the U.S. since obtaining H-1B status, they should get their I-94 admission number by visiting www.cbp.gov/i94
As long as the H-1B holder extends his/her H-1B status before the end date listed on the I-94 or on the H-1B I-797 Approval, they will be able to remain in the United States.
If you will leave the program earlier than the end date on your H-1B I-797 Approval Notice, you must inform The Office of International Programs
Employment Restrictions
H-1B holders are not allowed to work for any other employer or in any other work location other than those that are authorized on the H-1B I-797 Approval Notice. For more information on work limitations see the Employment Restriction section in the H-1B Application Packet, which can be found on the ISSS Portal.
Transferring to Another Employer
An H-1B Holder can transfer to another employer as long as the H-1B holder is currently in valid status and the new employer files an H-1B application in a timely manner (before the intended start date of new employment and before the expiration of the current H-1B Approval).
Before taking new employment, talk to International Student and Scholar Services. International Student and Scholar Services must withdraw or cancel your H-1B when you end your employment with the University of Mississippi. The withdrawal of the H-1B petition may affect your employment eligibility with your new employer.
TN Visa
The TN (Trade NAFTA) category was developed as part of the North American Free Trade Agreement (NAFTA), to facilitate the entry of Canadian and Mexican citizens to the United States to engage in professional business activities on a temporary basis.
There are two basic ways for Canadian and Mexican citizens to process the TN: apply for the TN Visa in their home country or apply for a change-of-status to TN within the United States.
The TN category allows for admission of individuals for the purposes of working for a U.S. employer as a professional or working for a foreign employer (including even a non-Canadian or non-Mexican employer) to provide pre-arranged professional services to a U.S. employer.
Occupations
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. A list of requirements for each occupation can be found on the NAFTA list.
Duration of Stay
Both Canadian and Mexican citizens can be admitted to the United States in TN status in increments of up to one year. Extensions of stay are also granted in up to one-year increments. There is no cumulative total limit on the time a Canadian or Mexican citizen can be in TN status. Status can be renewed each year indefinitely, provided that the stay remains temporary in nature.
Application Packet
For Canadian and Mexican citizens who are currently outside of the U.S., there is a separate application process for entering the United States in TN status. Information about obtaining the TN Visa can be found in our TN Application Packet on the ISSS Portal.
Enclosure B Section
All Canadian and Mexican citizens who plan to apply for the TN outside of the United States should still complete the TN Application Enclosure B Section and submit the form and requested documents to the Office of International Programs. The TN Application Enclosure B Section can be found on the ISSS Portal.
Enclosure A Section
Departments should also submit the TN Application Enclosure A Section and support letter even if the prospective employee resides currently outside of the United States, but the department does not have to pay the TN filing fee associated with change-of-status.
If the Canadian or Mexican citizen is present in the United States in another non-immigrant classification (i.e. F-1, H-1B, etc.), it is possible to file an application with the US Citizenship and Immigration Services to change status to TN, without traveling outside the United States. An individual must have a valid non-immigrant status in order to be eligible for a change of status, and must wait until the change of status is approved before he or she begins employment in TN status.
If a Mexican citizen changes to TN within the U.S., the next time he or she exits the United States for travel, he or she must get a TN or TD visa prior to returning to the U.S. to resume work in TN status.
Please refer to the TN packet for the complete instructions on TN application procedures.
Timely Filing
According to 8 C.F.R. § 274.12 (b) (20), if the TN applicant is currently in TN status with the University of Mississippi, it is possible for the applicant to continue working for the University of Mississippi for up to 240 days after the expiration of the current TN status if the TN extension was timely filed.
Timely filing means that US Citizenship and Immigration Services must receive the I-129, TN application before the expiration of the current TN. The Office of International Programs will authorize employment to continue as soon as the I-129 receipt notice (the official notice of application receipt from USCIS) arrives before the expiration of the current TN.
Filing Fee
An extension for a TN worker currently employed by the University of Mississippi requires the department to pay the filing fee. Otherwise, the application process for a TN extension is the same as it is for a change-of-status TN application. Please refer to the TN packet for the complete instructions on TN application procedures.
If the TN extension is not filed before the expiration of the current TN status, employment must stop until the TN is approved, and the approval notice is received by the ISSS.
Maintaining Passport
All international faculty, staff, scholars and students should maintain their passport validity. In general, it is best to have a passport that is valid for at least 6 months longer than the intended dates of stay. If renewal of a passport is necessary, check with your embassy or consulate about the renewal process.
Report Address Changes
International faculty, staff, scholars and students are required to notify International Student and Scholar Services of any address changes. Additionally, all faculty and staff in TN status have to report any address change directly to the Department of Homeland Security using the AR-11 Form within 10 days of moving to a new physical address. More information about address changes and address update requirements can be found here: Address Reporting
Limitation of Stay
TNs are only valid for only one year at a time. There is no maximum to the total amount of time allowed in TN-status, but the TN should only be working in a temporary position. TN’s cannot work as tenure track professors or in any permanent employment position for the University of Mississippi.
If the TN holder applied for a change of status or an extension of the TN from within the United States and has not left the country since the most recent TN Approval, they are valid to stay in the country for the time period listed on the TN I-797 Approval Notice.
If the TN holder entered the U.S. in TN status, they should have an I-94 card in their passport that notes their TN status and an end date of the status. The I-94 is the white card which should be stapled inside the passport and shows the date of entry into the United States and the port of entry.
As long as the TN holder extends his/her TN status before the end date listed on the I-94 or on the TN I-797 Approval, they will be able to remain in the United States.
Employment Restrictions
The TN is job specific as well as employer and department specific.
Those in TN status cannot work for any employer other than the one which offered the initial employment for which the TN was issued (either the employer listed in the job-offer letter or the employer listed on the I-129 TN Application and on the I-797 TN Approval Notice).
TN holders CANNOT receive honorariums or fees from other U.S. institutions or businesses for lectures or for contractual services. Any University employee in TN status must check with the Office of International Programs prior to accepting any offer to give a lecture or conduct any employment outside of the University of Mississippi.
E-3 Visa
Persons who are coming to the U.S. to be temporary workers in a specialty occupation who are citizens of Australia.
The requirements and conditions are extremely similar to those of the H-1B.
To be considered eligible for E-3, the position must require at least a Bachelor’s degree as the normal entry requirement. Employment approval is granted through either the U.S. Citizenship and Immigration Services or a U.S. Consulate abroad and is job specific as well as employer and department specific.
Workers in this category can fill permanent positions, but must leave the country at the end of their authorized period of stay. Unlike the H-1B, a person in status is not considered to have dual-intent with regards to immigration.
Timeline
When applying for an E-3 abroad, the process is highly dependent on the consulate at which you’re applying. You will have to check the individual consulate to find out their wait times for visa appointments.
Prior to your visa appointment, you will have to have a certified Labor Condition Application. This is a document that ISSS will submit to the Department of Labor for review. The Department of Labor will review and certify the document within 7-10 days. Once this has happened, a signed original copy of the LCA, a copy of the job offer, and letters of support from the Department and ISSS will be sent to the E-3 candidate abroad. The other support documents must be provided by the E-3 candidate (see Application Steps)
Application Process
A new E-3 application packet is currently in development. For now, please use our former H-1B application packet, which can be found on the ISSS Portal.
Require Documents
When applying for an E-3 from abroad, the E-3 candidate must present the following documents at the time of the visa application:
- Copy of the employer’s LCA certified by DOL
- Documentation showing eligibility for employment in a specialty occupation
- Proof of a legitimate offer of employment in the United States
- Documentation that the position qualifies as specialty occupation employment (under the same standards as an H-1B specialty occupation)
- Proof of Australian citizenship
- Proof that he or she has the necessary academic or other qualifying credentials and any required licensure (e.g. transcripts and diplomas)
- Proof that the stay will be temporary
- Proof of payment of the Machine Readable Visa fee (see DOS Visa Fees for fee details)
Application at Port of Entry
With an E-3 visa, an Australian citizen can then apply for admission to the U.S. in E-3 status at a U.S. port of entry. See the U.S. Embassy in Canberra for more info.
Timeline
Plan at least six (6) months in advance!
At the earliest, International Student and Scholar Services may submit an E-3petition to US Citizenship and Immigration Services 6 months before the intended beginning effective date of the E-3. The E-3 application process is very long and requires much documentation from both the department and applicant. It is recommended that departments and applicants begin any new E-3 application, extension, or amendment as close to 6 months in advance of the intended start date as possible.
If timing is a critical issue such as with a new professor hired in the summer months who must begin work at the beginning of the fall semester, departments have the option of filing for Premium Processing. Premium Processing guarantees a decision on an E-3 petition within 15 days of the receipt by US Citizenship and Immigration Services of the I-129, E-3 application.
Application Process
A new E-3 application packet is currently in development. For now, please use our former H-1B application packet, which can be found on the ISSS Portal.
- Department and E-3 candidate submit a complete application packet.
- ISSS reviews the application and requests clarification or additional documentation as necessary.
- Once the Department has completed their portion of the application fully, ISSS can do the prevailing wage determination and create the LCA (Labor Condition Application)
- ISSS will send the LCA Summary to the Department and E-3 Candidate for an accuracy check and public posting.
- Once the department confirms that the LCA has been posted, ISSS can submit the LCA to the Department of Labor.
- While the LCA is processing with the Department of Labor (7-10 days), ISSS will create the I-129 (assuming the E-3 candidate’s portion is complete) and send it to HR for signing as well as request the filing fees from Procurement.
- Once ISSS receive the certified LCA, signed I-129, and Checks, ISSS can compile the petition and submit it to USCIS with either regular or premium processing.
- Premium Processing guarantees as response within 15 days. Typically this response is approval. Sometimes it can be a request for evidence, which would delay the process and require additional documentation to be gathered and sent to USCIS based on the specifics of the request.
- Regular processing times may be checked by going to https://egov.uscis.gov/processing-times/ selecting “I-129 | Petition for a Nonimmigrant Worker” then “Vermont Service Center” and looking at the Estimated Time Range. The early date on this range indicates that 50% of all cases are adjudicated by this date. The later date indicates that approximately 93% of all cases are adjudicated by this date.
- Approximately one week after the petition is approved by USCIS, we will receive the approval notice in the mail. You, your department, and Human Resources will be notified by email and sent soft copies of both the I-797 Approval Notice and Certified LCA via Box.
Maintaining Passport
All international faculty, staff, scholars and students should maintain their passport validity. In general, it is best to have a passport that is valid for at least 6 months longer than the intended dates of stay. If renewal of a passport is necessary, check with your embassy or consulate about the renewal process.
Report Address Changes
International faculty, staff, scholars and students are required to notify International Student and Scholar Services of any address changes. Additionally, all faculty and staff in E-3 status have to report any address change directly to the Department of Homeland Security using the AR-11 Form within 10 days of a change of physical address. More information about address changes and address update requirements can be found on the Forms page.
Limitation of Stay and Work Authorization
As noted previously, there is no maximum number of years one can request E-3 status.
If the E-3 holder has not left the country since the most recent E-3 Approval, they are valid to stay in the country for the time period listed on the E-3 I-797 Approval Notice or I-94 arrival record (for consular processed applications). One important note is that the I-94 arrival record will frequently have a 10 day grace period added on to the period of authorized stay. While the E-3 may remain in the U.S. during that time, they may not work. Work authorization is limited to both the I-94 and the certified LCA, whichever is shorter.
If an E-3 holder has traveled outside of the U.S. since obtaining E-3 status or if they applied for their E-3 abroad, they should get their I-94 admission number by visiting cbp.gov
As long as the E-3 holder extends their E-3 status before the end date listed on the I-94 or on the E-3 I-797 Approval, they will be able to remain in the United States. If an E-3 extension is timely filed (prior to the end date) with USCIS, then E-3s may continue to work for 240 days while the petition is being adjudicated by USCIS.
If you will leave the program earlier than the end date on your E-3 I-797 Approval Notice, you must inform International Student & Scholar Services.
Employment Restrictions
E-3 holders are not allowed to work for any other employer or in any other work location other than those that are authorized on the E-3 I-797 Approval Notice or certified LCA.
Transferring to Another Employer
An E-3 Holder can transfer to another employer as long as the E-3 holder is currently in valid status and the new employer files an E-3 application in a timely manner (before the intended start date of new employment and before the expiration of the current E-3 Approval).
Before taking new employment, talk to International Student and Scholar Services. International Student and Scholar Services must withdraw or cancel your E-3 when you end your employment with the University of Mississippi. The withdrawal of the E-3 petition may affect your employment eligibility with your new employer.
J-1 vs. H-1B Visas
J-1 | H-1B | |
Funding Source | Government, personal, or other source | Must be UM funded |
| UM-funded ok but not required | Funding must be guaranteed for length of H- 1B requested | |
| Minimum of $1971/month for scholar ($584/month for spouse, $417/month per child) | Salary must meet DOL prevailing wage and actual wage requirements | |
| Employment | Authorized “incident to status” only with prior approval of UM ISSS and only at pre- approved site(s) of activity listed on J-1 immigration document (Form DS-2019) | Authorized only for approved position, at approved salary level, at approved employer/department listed on I-129 Petition |
| Purpose of visit | Educational or cultural exchange | Employment |
Maximum duration | 6 months (Short-term Scholars) | 6 Years |
| 5 years (Research Scholars/Professors) | ||
Nature of UM Position | Temporary academic | Long-term or permanent |
| Not professional | Professional | |
| Not tenure-track eligible | Funding guaranteed for length of H-1B requested | |
| Example titles: Visiting Research Scholar, Visiting Instructor, Post-doc, Research Scientist | Example titles: Assistant Professor, Professor, Lab Tech | |
| Can UM sponsor for U.S. Permanent Residency? | No | Possible |
Costs to department | No costs | $460 Filing Fee |
| $500 Anti-Fraud (new petitions only) | ||
| $2805 Premium Processing (optional depending on the situation) | ||
| Shipping Fees for Petition and Immigration Documents | ||
Costs to scholar | $220 SEVIS fee | Visa application and reciprocity fee if applying for H-1b visa at U.S. consulate |
| $185 visa application fee | ||
| Visa reciprocity issuance fee (varies by country) | H-1B can pay $2500 premium processing fee (if the sole beneficiary of the premium processing is the H-1B holder) | |
| Health insurance costs | ||
| Travel costs | ||
| Living costs (minimum $1971/month required) | ||
Total Processing Time | 2-5 days in ISSS once complete request received from host department, | ISSS processing times (once complete application received): |
| With DOL Prevailing Wage Request 3-4 months | ||
| In-house Prevailing Wage Determination (university assumes liability; requires Provost approval) 2-5 days plus 7-10 days for Labor Condition Application | ||
| USCIS processing time (once submitted): | ||
1-2 months for J-1 visa processing at U.S. Embassy/Consulate | Standard processing 4-6 months (check current processing times at) | |
| Premium processing at USCIS guarantees USCIS processing in 15 days (only speeds up USCIS, not ISSS or DOL) | ||
| If H-1B beneficiary is outside of the U.S., 1-2 months for visa processing at U.S. Embassy/Consulate | ||
Advantages | Relatively easy process | |
| J-2 spouse can apply for work authorization | Dual intent (can apply for U.S. Permanent Residency) | |
Disadvantages | For all J-1s | UM can incur liability under DOL rules |
| 2-year home country residence requirement (212(e)) applies if funded by home/U.S. government, or if in field of research on country “skills list” | H-4 spouse cannot work | |
| For Research Scholars/Professors | Processing time | |
| 12- and/or 24-month bar after previous J participation may apply | May be ineligible if subject to 212(e) |