International Employees
Immigration history differs for each international employee. Consult with IPO for guidance on which visa type is the best fit for the international employee. The two most common visa types for international employees are J-1 and H-1B, for alternate visa categories contact IPO.
| J-1 Exchange Visitor | H-1B Temporary Worker | |
|---|---|---|
| Purpose |
|
|
| Length of Stay |
|
Six years |
| Funding Requirements | May or may not be paid by the University of Idaho. Can use personal funds. | Must be employed by the University of Idaho and meet U.S. Department of Labor wage requirements. |
| Future Visa Status | In some cases, the 212(e) two-year home country physical presence requirement limits future visa options. | No 212(e) two-year requirement. |
| Transferability of visa | Can transfer to another J sponsor for similar activity within the 5-year limit. | Change of sponsor or position requires a new H-status petition, but portability allows new employment to begin before the new petition is approved. |
| Dependent Employment | Dependents in J-2 status can apply to USCIS for employment authorization. | Dependents of H-1B employees are granted H-4 status and cannot be employed in the United States. |
Employment: Authorized by School of Record AND USCIS Approval
Qualifications: Must have a valid EAD card (Work Authorization approved by USCIS
Minimum Duration: N/A
Maximum Duration:
- Initial OPT – 1 year
- STEM OPT – additional 2 years
Funding Source: May be funded by U of I, personal funds, home country, or other sources
Restrictions/Limitations:
- Must be full-time (21 hr/wk+)
- OPT can be with/without wages
- STEM OPT must receive wages
- Non-immigrant intent visa
Dependents: F-2 dependents are not permitted to work. Can study part-time
SEVIS Fee and Tracking: Yes
International Services Cost Recovery Fee: No
Early Termination: N/A
Source:
Employment: Authorized “incident to status” by the Program Sponsor (School of Record)
Qualifications: Must be authorized by the program (School of Record)
Minimum Duration: N/A
Maximum Duration: Depends on length of program from School of Record, 3-36 months
Funding Source: May be funded by U of I, personal funds, home country, or other sources
Restrictions/Limitations:
- No tenure track position
- May be subject to 212(e) two-year home residency requirement
- Subject to 12/24-month bar
- Non-immigrant intent visa
Dependents: J-2 visa classification-may apply for employment authorization. Can study full or part-time
SEVIS Fee and Tracking: Yes
International Services Cost Recovery Fee: No
Early Termination: N/A
Source: AT
Employment: Authorized “incident to status” by the Program Sponsor (IPO Staff)
Qualifications: Must possess a bachelor’s degree in specific field
Minimum Duration: N/A
Maximum Duration: Three years, renewable with re-entry into the U.S.
Funding Source: Must be funded by the U of I
Restrictions/Limitations:
- No tenure track position
- Mexican and Canadian citizens only
- Degree field must be on the NAFTA list
- Non-immigrant intent visa
Dependents: TD dependents are not permitted to work. Can study full or part-time
SEVIS Fee and Tracking: No
International Services Cost Recovery Fee: Yes
Early Termination: N/A
Source: TN
Employment: Authorized only for approved position, at approved salary level, and at approved employer
Qualifications: Must possess the minimum degree and experience required for the specialty occupation. Equivalent to at least a bachelor’s degree
Minimum Duration: N/A
Maximum Duration: Six years
Funding Source: Must be paid prevailing wage by U of I
Restrictions/Limitations:
- Employer, job, AND position specific
- Must meet Department of Labor prevailing wage determination
- Dual intent visa
Dependents: H-4 visa holders may apply for employment authorization. Can study full or part-time
SEVIS Fee and Tracking: No
International Services Cost Recovery Fee: Yes + USCIS and legal fees
Early Termination: May be responsible for moving costs back to last country of residence
Source: H-1B