Other Visa Categories
at UC San Diego

Requesting TN Status

• The first step to obtaining TN Status, requires that you have the departmental TN invitation letter that references the appropriate NAFTA occupational title (Canadian TNs will not need visa stamps, but will need this document to apply for admission). Certain healthcare professionals will also need to present the Visa Screen at the port of entry. The list of TN approved professions is not intended to cover every possible appointment, as such not all positions qualify for TN status—for example, sonographer roles do not fall under the approved professions.

General Responsibilities for Maintaining TN Status

• Employment: You are authorized to stay in the U.S. to work in the UC San Diego position described in your employment letter, through the duration indicated on your electronic or paper Form I-94 (or I-797 approval notice if status changed/extended inside the U.S.)
• Job changes: Significant changes in your job duties may require filing an amended petition with USCIS or traveling and reentering prior to those changes taking place; notify ISO immediately of any anticipated changes.
• Occasional lectures and consultation: A TN may not consult outside of UC San Diego unless employed by an additional, concurrent employer. In regards to occasional lectures, this is possible as long as you do not receive compensation. Please refer additional questions to an ISEO advisor.
• Study: a TN may enroll in classes as long as they are incidental to their employment.
• Taxes: Individuals in TN status are required to file both state and federal taxes and are taxed on worldwide income if they meet the substantial presence test.

Change of Employer/Concurrent Employment

• Change of employer: to change employers, the new employer must either file an I-129 petition with USCIS and have it approved prior to the TN starting employment, or the TN must travel and re-enter with the new employer's employment letter.
• Concurrent employment: it is possible to have TN status with more than one employer; the new employer may either file an I-129 petition with USCIS and have it approved prior to the TN starting employment, or the TN must travel and re-enter with the new employer's employment letter 

Dependents and Dependent Employment

• Overview: spouses and unmarried minor children (under 21 years of age) are eligible for TD status.
• Admission/visa: If not accompanying the principal TN, Canadian citizen dependents may apply for TD status upon admission to the U.S. with a copy of the principal's electronic or paper Form I-94, employment letter, and marriage/birth certificate. Mexican and Canadian non-citizen dependents of TN principals will require TD visas and may apply for these with copies of the principal's I-94 card, employment letter, and marriage/birth certificate, prior to applying for admission upon entry.  If accompanying the principal, proof of relationship and visas, if necessary, will be required upon entry.
• Application process: dependents may apply for change to or extension of TD status through Form I-539, based on derivative status of the principal TN.  See USCIS instructions and form for further information.
• Work: TD dependents are not allowed to work in the U.S.
• Study: TD dependents may study in the U.S., full- or part-time.  Dependents should weigh the benefits of changing their status to F-1 versus remaining in TD status.

Requesting F-1 OPT/CPT Status

• Make sure you have the appropriate employment authorization document before beginning work
  
  • F-1 OPT: EAD card
  • F-1 CPT: I-20 authorization
  • F-1 STEM OPT: EAD card (see institutional protocol for departmetns to support STEM extension)

The B-1 Business status allows visitors to enter the U.S. as non-immigrants for up to six months for business or pleasure, with the possibility to extend the status for an additional six months.

Visitors entering in this status cannot engage in employment in the U.S. nor enroll in an academic study program. The U.S. Department of State expressly indicates that the B-1 may be used for "independent research."

Visitors in this status are permitted to change to another non-immigrant classification, provided they had no preconceived intent to do this prior to their entry in B status (or, if so, disclosed this intent to U.S. officials prior to their entry in B status).

• B-1 status (Visitor for Business): An international visitor entering in B-1 status holds a permanent residence in a foreign country that he/she has no intention of abandoning, and who is visiting the U.S. temporarily for business, such as consulting with business associates; participating in scientific, educational, or professional conventions, conferences, or seminars; or undertaking independent research.  These must all be short-term, non-salaried academic activities. Persons in B-1 status may be reimbursed for reasonable business costs where UC San Diego has a business purpose (e.g., inviting an expert speaker to a conference) and, if their activity on campus lasts no longer than nine days from beginning to end of their activity, can be granted an honorarium, provided that they will be granted honoraria from no more than five institutions during their stay in the U.S.  The department's letter of invitation should indicate the types of activity that will be pursued, and these activities should correspond to those indicated as acceptable for the B-1 classification by the U.S. Dept. of State (see http://travel.state.gov/pdf/BusinessVisa.pdf).  If activities do not conform to those listed, the U.S. Dept. of State may require a different visa, such as a J-1 Exchange Visitor visa, in which case the department will need to go through the J-1 request procedure.  Note that the U.S. Dept. of State indicates the following about student training and B-1 status in notes to its Foreign Affairs Manual: "aliens, often students, who seek to gain practical experience through on-the-job training or clerkships must qualify under INA 101(a)(15)(H) or (L), or when an appropriate exchange visitors program exists (J)."  It is our experience that language using "internship" will be interpreted by the U.S. DOS as a program activity requiring J status.

• B-2 status (Visitor for Pleasure): An international visitor entering in B-2 status has recreational intent, including tourism, amusement, visits with friends or relatives, rest, and activities of a social nature. In ALL cases, we recommend that departments invite visitors in B-1, rather than B-2, status.

Sample invitation letter:

and

U.S. Customs and Border Protection

To Whom It May Concern:

I am writing on behalf of Dr./Mr./Ms. _______________________________________.

I have invited Dr./Ms./Mr. to (choose one) attend a conference/give a presentation/for a short-term independent research project at the University of California, San Diego from _____________________ to _________________________.

Dr./Mr./Ms. _____________________ will not receive any salary or compensation for services from the University of California, San Diego during her/his stay in the U.S. (OR: Dr./Mr./Ms. will receive an honorarium in the amount of ___________________). S/he will be supported by _________________.

I request that Dr./Mr./Ms. _______________________________ be granted a (B-1) Visitor for Business visa and entry to the United States in B-1 status.

Thank you for your consideration.

Sincerely,

(Signature)
Professor of _____________________________________

The Visa Waiver Program (VWP) allows citizens of certain countries to enter the U.S. as non-immigrants for up to 90 days for business or pleasure.

Visitors entering on the Visa Waiver Program can neither engage in employment in the U.S. nor enroll in an academic study program.  The U.S. Department of State expressly indicates that the B-1 and, by extension, the WB, may be used for "independent research."

Visitors in this status are not permitted to change to another visa category within the U.S., nor are they allowed to extend their stay beyond the 90-day period of admission.

Visitors may be eligible for VWP, if activity on campus lasts no longer than nine days from beginning to end of their activity, can be granted an honorarium, provided that they will be granted honoraria from no more than five institutions during their stay in the U.S.

Types of waivers

• WB status (Visitor for Business): An international visitor entering in WB status holds a permanent residence in a foreign country that he/she has no intention of abandoning, and who is visiting the U.S. temporarily for business, such as consulting with business associates; participating in scientific, educational, or professional conventions, conferences, or seminars; or undertaking independent research.  These must all be short-term, non-salaried academic activities. Persons in WB status may be reimbursed for reasonable business costs where UC San Diego has a business purpose (e.g., inviting an expert speaker to a conference) and, if their activity on campus lasts no longer than nine days from beginning to end of their activity, can be granted an honorarium, provided that they will be granted honoraria from no more than five institutions during their stay in the U.S. The department's letter of invitation should indicate the types of activity that will be pursued, and these activities should correspond to those indicated as acceptable for the B-1/WB classification by the U.S. Dept. of State (see https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html).  If activities do not conform to those listed, the U.S. Dept. of State may require a visa, such as a J-1 Exchange Visitor visa, in which case the department will need to go through the J-1 request procedure.   Note that the U.S. Dept. of State indicates the following about student training and B-1/WB status in notes to its Foreign Affairs Manual: "aliens, often students, who seek to gain practical experience through on-the-job training or clerkships must qualify under INA 101(a)(15)(H) or (L), or when an appropriate exchange visitors program exists (J)." It is our experience that language using "internship" will be interpreted by the U.S. DOS as a program activity requiring J status.

• WT status (Visitor for Pleasure): An international visitor entering in WT visa status has recreational intent, including tourism, amusement, visits with friends or relatives, rest, and activities of a social nature. In ALL cases, we recommend that the department invite visitors in WB, rather than WT, status.

O-1 status is available to persons who have demonstrated a record of national or international acclaim, a level of expertise indicating that the person is one of the small percentage who have risen to the very top of the field of endeavor.

All O-1 petitions require Department Chair support and must be coordinated by ISEO, with legal work done by an immigration law firm that has a retention agreement on file with the University of California, Office of the President.

An O-1 visa petition will be filed only under the following conditions:

• The international visitor meets the qualification of "extraordinary ability" and is able to provide substantial documentation required for the O-1;
• The international visitor is subject to the 2-year home requirement, is unable to obtain a waiver, and is therefore precluded from obtaining H-1B status; and
• The international visitor will be paid a wage that is consistent with the designation of an individual of extraordinary ability.

The international visitor must realize that he/she may have to travel outside the United States to obtain the O-1 visa once the petition is approved in order to re-enter the U.S. in O-1 status with employment authorization. 

O-3 dependents may engage in part or full-time study, not permitted to be employed in the U.S. 

• USCIS website for general information
• Eligibility criteria (PDF)