Other Visa Categories
at UC San Diego

The B-1 visa is for short-term visitors to the U.S. coming for business-related activities. As a scholar, this status allows you to engage in activities such as: 

• Attending academic conferences or meetings 
• Engaging in independent research 
• Consulting with colleagues or business associates 

For detailed information, refer to the U.S. Department of State's B-1/B-2 guidance. 

• Receiving payment from UC San Diego for work or services 
• Engaging in practical training or employment 
• Enrolling in academic degree programs 

If UC San Diego is benefiting from the visit—such as when the visit or research activity may lead to published work, a patent, or a discovery—using the B-1 status would conflict with the U.S. Department of State guidelines. In these instances, you may need a different visa, such as the J-1 Exchange Visitor status. 

Honorarium Rule (The 9-5-6 Rule):  

• The visit at UC San Diego is 9 days or fewer; and  
• The activity occurs at UC San Diego only; and  
• The Scholar has not accepted similar payments from more than 5 U.S. institutions in the past 6 months  

Requirements for B-1 Status 

• Valid Appointment or Invitation: Do you have a valid appointment or invitation to engage in business-related activities at UC San Diego?  
  • Contact the human resources office of the UC San Diego department you plan to visit to obtain an appointment or invitation. 
• Valid B-1 Visa: Is your B-1 visa valid and unexpired? 
  • If you need to apply for a B-1 visa, you must apply for one at a U.S. consulate or embassy. Be sure to review the B-1 visa instructions. When planning your arrival at UC San Diego, make sure to factor in visa processing times and potential delays due to administrative processing. 
  • If you are a Chinese national, you must register with the EVUS (Electronic Visa Update System) before traveling to the U.S. on a B visa. 
  • Scholars from Visa Waiver Program (VWP) countries may not need a B-1 visa at all. 
• Department B-1 Letter of Support: The department will need to provide a letter of support for your B-1 entry. This letter is essential during the visa application process and can be helpful at the port of entry if a Customs and Border Protection (CBP) officer questions the purpose of your visit or whether B-1 is the appropriate status for your visit. Contact the human resources office in the UC San Diego department you plan to visit to request the B-1 letter of support.

• Review the U.S. Department of State B-1 guidance to prepare to enter the U.S. 
• Have the B-1 letter of support from UC San Diego 
• Be ready to explain the visit as academic or professional—not for employment or study  
• Be able to demonstrate ties to your home country, such as employment or enrollment in a degree program abroad, and an intent to return.  
• Be able to communicate and prove how you will financially support yourself during your stay (e.g., personal funds, home institution support, or a government grant—must not be U.S.-based wages or salary)  
• Specifically request B-1 status at the port of entry (not B-2, which is for tourism)  

After Arrival at UC San Diego in B-1 status 
Your UC San Diego department human resources representative will log into iServices to send you an invitation to complete the Other Visa Status: Scholar Registration. This allows ISEO to stay informed about B-1 Scholars on campus so we can include you in events, workshops, and important communications—such as updates to immigration policies that may affect you or notifications in case of an emergency.  

Duration of Stay and Extensions 
B-1 status is typically granted for up to six months. You may request an extension for an additional six months if needed. Extensions are subject to approval by U.S. immigration authorities. 

• Tourism: Exploring the U.S. or visiting places of interest 
• Visiting Family or Friends: Spending time with family members or friends in the U.S.  
• Medical Purposes: Seeking medical treatment or consultations  

This status is not suitable if you plan to engage in academic work, conduct research, or participate in any employment-related activities. For more information, refer to the U.S. Department of State's B-1/B-2 instructions. 

• Proof of Intent to Return: Provide documentation showing you will return to your home country after your visit, such as evidence of employment, school enrollment, or family ties. 
• Sufficient Funds: You must demonstrate that you can financially support yourself during your stay in the U.S. without resorting to unauthorized employment. 

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 departments to support STEM extension)

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)

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.

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.