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Office of International Affairs |
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IMMIGRATION REGULATIONS The information presented here is of a general nature and is intended for the use of UT Health Science Center foreign nationals only. U.S. Immigration laws are complex. For information on your specific circumstances, you should contact the Office of International Affairs (OIA) to make an appointment with Connie Burk. Please do not only rely on immigration advice from well-meaning friends, relatives, professors and others. Important Documents for All Foreign Nationals IMPORTANT DOCUMENTS FOR ALL FOREIGN NATIONALS All foreign nationals who are in the U.S. on a visa should make sure to have these documents at all times:
B-1/WB Visitor for Business (Waiver for Business) Foreign nationals who come to UT Health Science Center to take part in a conference or give a speech will often use this visa type. B-1/WB visa holders may have expenses reimbursed and are allowed to be paid an honorarium. To obtain B-1/WB visa status, you must get a letter of invitation from UT Health Science Center. If your country is not part of the Visa Waiver Program (VWP), you must go to a U.S. embassy or consulate to apply for a B-1 visa. VWP nationals do not need a visa and will enter the U.S. in WB status (must have a machine-readable passport).
B-1 visa holders may extend their stay by filing form I-539 and supporting documentation with the Immigration Service. WB "visa" holders are limited to 3 months’ stay and may not apply for an extension or a change to another status.
B-2/WT Visitor for Tourism (Waiver for Tourism) This visa type is mainly used for tourists to the U.S. You may also qualify for a B-2 visa if you are coming to the U.S. for medical treatment. Persons in B-2/WT status may not accept payment or reimbursements of any kind. If your country is not part of the Visa Waiver Program, you must go to a U.S. embassy or consulate to apply for a B-2 visa. VWP nationals do not need a visa and will enter the U.S. in WT status (must have a machine-readable passport). Prospective students or exchange visitors may also obtain a B-2 visa, but it requires that they inform the consular officer of their plans to look at schools in the U.S. or show proof of admission to a U.S. institution, so that the notation "Prospective Student" or "Prospective Exchange Visitor" can be made on their visa. Without this notation, a change of status from B-2 to F-1/J-1 will be very difficult, if not impossible. If you are coming as a prospective student or for medical
treatment, you must apply for a B-2 visa; WT cannot be changed or extended later in the U.S. Extension of stay: B-2 visa holders may extend their stay by filing form I-539 and supporting documentation with the Immigration Service. WT status is only valid for 3 months and cannot be extended or changed to another status.
The F-1 visa is for full-time students only. If this is your initial entry into the U.S. in F-1 status, then you should attend the school whose I-20 you used to obtain the F-1 visa. To maintain legal F-1 status, students transferring from another school in the U.S. must register with the Office of International Affairs (OIA), 413 Hyman, immediately after arrival at UT Health Science Center. You must maintain full-time student status:
Your length of stay is indicated on your I-20, item 5. Upon completion of studies (which is the date you complete all work for your degree, not the date of the graduation ceremony), you have a 60-day grace period. Before your grace period, you may apply for Optional Practical Training, and during your grace period you may travel in the U.S. or be accepted into another school or degree program. Once you have completed your studies, you may not go abroad on vacation and return to the U.S. in F-1 status unless you have been admitted to a different degree program or school and are using the new I-20 for reentry. If you have applied for Optional Practical Training, do not travel abroad until you have received the EAD. You may work on campus 20 hours per week while school is in session; full time during official school breaks and vacations as well as the annual summer vacation. After at least 9 months of full-time enrollment, you will be eligible for Curricular Practical Training and Optional Practical Training. Dependents in F-2 status may not work under any
circumstances. Extension of stay: Should you need more time to complete your studies beyond
the date shown in item 5 on your I-20, you should request an extension from OIA
at least 30 days before your I-20 expires. Transfer: To transfer your F-1 status to UT Health Science Center: you must report to the OIA within 15 days of arriving on campus to receive your UT I-20. Please bring to 413 Hyman your old I-20s, passport, and I-94 card. To transfer to another school: you must notify the OIA of your intent to transfer and provide the name of the school to which you wish to transfer and the transfer release date.
An H-1B temporary worker is sponsored by a particular employer and may only work for that employer. The employer must pay the Prevailing Wage for the position and have a certified Labor Condition Application in order to file a petition for H-1B status for an employee. The maximum length of stay in H status is 6 years. Once that has been reached, you must reside outside the U.S. for 12 months in order to return in H-1B status (unless you have a Labor Certification or I-140 pending for over 365 days). There is a 10-day grace period in which to leave the U.S. following the end of H status. If you are terminated before the end of your H status, your employer is required to pay "reasonable cost" for transportation to your home country. Dependents in H-4 status may not work under any circumstances.
To extend your H-1B status, you should contact your
department sponsor at least 6 months prior to your H expiration date; your
sponsor will then request an extension from OIA. Transfer: To "transfer" to UT Health Science Center: your UT department sponsor will request that OIA initiate a petition with Immigration to change your H-1B sponsorship to UT Health Science Center from your current employer. You may begin UT employment as soon as Immigration has received UT’s petition.
J-1 Exchange Visitors may come to UT Health Science Center
to study, conduct research, teach or participate in graduate medical education. 2-year home residence requirement -- also called 212(e) rule: Some Exchange Visitors are subject to the 2-year home residence requirement. This requirement is "triggered" by any one of the following:
If you are subject to the 2-year home residence requirement, you must:
Mandatory health insurance: Exchange Visitors and their J-2 dependents must maintain health insurance coverage conforming to Department of State standards throughout their stay in the U.S. Upon completion of your program objective, you have a 30-day grace period. During your grace period, you may apply for Academic Training (for J-1 students), travel in the U.S., or be admitted to another school or degree program if you are eligible. Dependents in J-2 status may work after applying for and
obtaining an Employment Authorization document from the Immigration Service. More information in
OIA, 211 Hyman. You must update your home address with International Affairs within 10 days of moving.
If you need additional time to complete your studies your should contact OIA, 413 Hyman. If you need more time to continue your research or
training, you should contact your UT department sponsor who will then contact
OIA or the appropriate J-1 sponsor. Transfer: To transfer to UT Health Science Center: OIA will contact the J-1 program sponsor at your current institution for transfer authorization. Once authorization has been received, your J-1 record will be transferred to UT, and you may then start your program at UT Health Science Center.
Students: Must pursue full-time studies (see description under F-1 above). Length of stay is indicated on your DS-2019 form, item 3. Should you need more time to complete your studies, you should contact the OIA, 413 Hyman, at least 30 days prior to your DS-2019 expiring. Any employment requires written permission from the J-1 sponsor (413 Hyman):
Research Scholars: Exchange Visitors in the Research Scholar category are
limited to a 3-year stay. Sometimes, a 6-month extension may be granted to
complete a project. 12-month bar: After more than 6 months in the U.S. in any J status, you must spend 12 months outside the U.S. before you can return to the U.S. to begin a new program as a J-1 Research Scholar or Professor. Contact your J-1 program sponsor (413 Hyman) for permission to accept incidental employment such as lecturing or consulting engagements elsewhere in the U.S.
2-year bar on repeat participation in the Research Scholar and Professor categories: If you have been in the U.S. as a J-1 Research Scholar or Professor after November 18, 2006, you may not start another J-1 program as a Research Scholar or Professor until 24 months have passed. Short-Term Scholars: Exchange Visitors in the Short-Term Scholar category may only remain in the U.S. for a total of six months. No extension of stay is possible for Short-Term Scholars. Short-Term Scholars may also accept incidental employment while in the U.S., but only with written authorization by the J-1 sponsor.
Alien Physicians: UT Health Science Center is home to several J-1 Alien Physicians who are sponsored by ECFMG. Locally, the program is administered by the Office of Graduate Medical Education. For information about extension of stay, travel endorsement, etc., please contact that office. For employment opportunities after your training, see the F-1/J-1 Employment section.
People who qualify for and have applied for adjustment of status to that of Permanent Resident may be employed at UT Health Science Center while awaiting adjudication of the petition as long as they possess a valid Employment Authorization document (EAD card) or as long as their H-1B or O-1 status with UT Health Science Center is valid. You may apply for the EAD card with your permanent residence petition or anytime after its submission. If your permanent residence petition is based on employment, and UT Health Science Center is NOT the sponsoring employer, you should remain employed with your sponsor. You may "moonlight" at UT Health Science Center if you have an EAD card. Similarly, if you are sponsored for a green card by UT Health Science Center, you may "moonlight" at a second employer using an EAD card. You may also apply to the Immigration Service for permission to travel abroad while your petition is pending. This permission is called Advance Parole. If you travel abroad without approved Advance Parole, you are considered to have abandoned your permanent residence petition.*
O-1 Alien of Extraordinary Ability A person in O-1 status is sponsored by a particular employer and may only work for that employer. O-1 status is valid for 3 years initially, with extensions in 1-year increments possible. Dependents in O-3 status may not work under any circumstances.
Contact your UT department sponsor who will then contact OIA.
To "transfer" to UT Health Science Center: your UT department sponsor will request that OIA submit a petition to the Immigration Service requesting transfer of your O-1 status to UT Health Science Center. You may not begin working at UT Health Science Center until Immigration has approved our petition.
TN (Treaty NAFTA) Temporary Worker A TN temporary worker is sponsored by a particular employer and may only work for that employer. Only certain occupations are eligible for TN status, and only Canadian and Mexican citizens are eligible for TN status. There is no maximum length of stay in TN status; however, since it is a temporary worker status, the Immigration Service may begin to question extension petitions for employees who have been in TN status for several years. Dependents in TD status may not work under any circumstances.
Contact your UT department sponsor who will then request an extension from OIA.
Your UT department sponsor will request that OIA initiate a petition to "transfer" your TN status to UT Health Science Center. An easy and quick alternative for TNs is to travel home and come back to the U.S. while submitting proof of a job offer at UT Health Science Center, proof of Canadian or Mexican citizenship, and educational credentials at the border.
The process of changing your visa status from one classification to another while in the U.S. varies depending on your current visa status and the status you wish to obtain. In many cases, a change of status may be obtained by
filing form I-539 and supporting documentation with the Immigration Service. You should know
that it can take Immigration several months to process these applications.
Therefore, if you have maintained legal immigration status, it may be
advantageous to leave the U.S. and apply for your new visa abroad (including Canada
or Mexico; although we do recommend that you apply in your home country, to
avoid being stuck in Canada or Mexico due to a security check before your visa
can be issued). B-1/WB; B-2/WT Change to: Submit form I-539 and fee to Immigration to change to B-1/B-2 status; or leave the U.S. and apply for the visa.
Persons in WB or WT status (Waiver for Business or Waiver for Tourism) may not change status within the U.S. They may apply for a different visa outside the U.S. Persons in B-1/B-2 status may apply for a change to another status but it might not be granted since they indicated to the consular officer that they only intended to temporarily visit the U.S. when they obtained their B-1/B-2 visa. They must be able to prove that they did initially come to the U.S. for business or tourism.
F-1 Change to: Obtain an I-20 from the school that has admitted you. Submit form I-539 and fee to Immigration; or leave the U.S. and apply for the visa.
H-1B Change to: Employer submits form I-129 to Immigration for H-1B status.
J-1 Change to: Submit form DS-2019 from school or sponsor along
with form I-539 and fee to Immigration; or leave the U.S. to apply for the visa. Persons who have not met the 12-month bar for the Research Scholar/Professor categories may not apply for a change of status to J-1 in those categories.
J-1 visa holders who are subject to the 2-year home residence requirement are not eligible for a change of status to F, H, L or LPR. They may, however, obtain F or O status by applying for the visa outside the U.S. The home residence requirement will still apply, though.
LPR Change to: A petition for permanent residence must be submitted to Immigration on your behalf. Eligibility includes employment, marriage to a U.S. citizen or winning the Visa Lottery.
O-1 Change to: Employer submits form I-129 to Immigration for O status.
TN Change to: Employer submits form I-129 to Immigration; or leave the U.S. and reenter with documentation for job.
A condition of your stay in the U.S. in any non-immigrant visa status is that you maintain that status. This means you should learn what your rights and your responsibilities are in connection with your particular visa status.
Being aware of the regulations governing your visa status will save you a lot of worrying and potential problems. Please ask questions of the Office of International Affairs, 413 Hyman, BEFORE you do something that may become a big immigration problem later — or if you think you may have an immigration problem that could get worse with time. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) put in place some harsh penalties for people who do not maintain legal immigration status: Unlawful Presence If you have an I-94 card with an expiration date (this is called a "date-certain" or "date-specific" I-94), and you stay in the U.S. beyond this date, you are unlawfully present. If you have an I-94 with a "D/S" notation, your unlawful presence starts on the date an immigration judge or adjudicator determines that you have violated your immigration status (for example by dropping below full time or engaging in unauthorized employment). If you are unlawfully present for 180 days or more, you may be barred from reentering the U.S. for 3 years. If you are unlawfully present for 365 days or more, you may be barred from reentry for 10 years. Days of unlawful presence are counted separately for each visit.
Visa Overstay You are a visa overstay if you stay in the U.S. beyond your I-94 expiration date. If your I-94 has the "D/S" notation, you will be an overstay from the date an immigration judge or adjudicator determines that you have violated your immigration status (for example by dropping below full time or engaging in unauthorized employment). Once you are an overstay, your visa automatically becomes invalid (even if it appears to have an expiration date several years from now). All future U.S. visas can then only be obtained in your country of citizenship or permanent residence.
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