Frequently Asked Questions by Professors
You may be eligible to
apply for a J-1 Exchange Visitor,
O-1 Alien of Extraordinary Ability, or
H-1B Specialty Occupation. The choice between each of these
depends on the type of position you are offered, your qualifications,
and whether you intend to remain in the United States.
Many visiting foreign
professors come to the United States on
J-1 Exchange Visitor visas. The
Exchange Visitor Program is run by the U.S. Department of State and is
designed specifically for the purpose of international educational
exchange. Immigration law requires
people in J status to intend to return to their home countries when they
have completed their stated program.
Therefore, you should use a different visa category if you intend to
remain in the United States beyond the terms of the exchange program.
The O-1 Extraordinary Ability visa category is
available for individuals who have risen to the very top of their field
of endeavor. You must be coming temporarily to the United States
to continue to work within your field of extraordinary ability or
achievement. You must have an offer of employment.
The O-1 category requires sustained national or
international acclaim. This visa status is not available if you
have not yet achieved significant recognition of your ability and
contribution to the field.
The H-1B Specialty Occupation
visa is available for professors coming to
the United States, because a professorship is considered a specialty
occupation. A specialty occupation is a position that requires the
theoretical and practical application of a body of highly specialized
knowledge to perform the occupation, and requires completion of a
specific course of education culminating in a baccalaureate degree, or
higher, in a specific occupational specialty.
The H-1B visa classification is appropriate for
professional employment positions, including but not limited to:
- Postdoctoral Research Associate;
- Research Associate;
- Research Assistant;
- Assistant Professor;
- Visiting Assistant Professor;
- Lecturer/Instructor;
- Assistant Research Scientist; and,
- Research Scientist.
Professors from Canada and Mexico are
eligible for TN visas, which were created by the North American Free
Trade Agreement. TN visas provide
for the admission of those who will be engaged in “activities at a
professional level” in the United States, defined as those that require
at least a bachelor’s degree or credentials and experience demonstrating
that you are a professional.
Professors at the college, seminary or
university level are eligible, if you have at least a bachelor's or licenciatura
degree. TN visas are also available for
research assistants working in a
post-secondary educational institution, so long as you have a bachelor's
or licenciatura degree.
There are two categories of J-1 visas that are available to
professors: one for short-term scholars and one specifically for professors. The
short-term scholar category is designed to foster professional
relationships between U.S. and foreign academics. The maximum period of
stay is six months, with no extensions allowed. While lecturing is
allowed, the visa is not designed for a foreign professor to teach at a
U.S. school.
The other J-1 category is designed for professors seeking to teach in
the United States. The position filled by the J-1 professor must
be temporary. The initial period of approval is for three years, and may
be extended for another three years. Additional information on the
J-1 visa program is also
available.
Professors who are
considered “outstanding” can obtain a first preference employment visa
as an
Outstanding
Researcher or Professor. You must have at least three years of
experience teaching in the field, and must have an offer of employment.
One of the primary advantages of this type of immigrant petition is that
no labor
certification application is required. Some top professors may also
be qualify for first preference classification as
aliens of
extraordinary ability, which would be necessary if there was no job
offer.
If you do not qualify as an Outstanding Professor, a
professor would generally qualify for the second employment based
preference, which is available for workers with advanced degrees. In
most cases, this will require a labor
certification. A
national interest waiver can be pursued, but you must demonstrate
that your work benefits the entire United States.
National Interest Waivers