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Changing Between Non Immigrant Statuses

Changing Between Non Immigrant Statuses. International Faculty and Staff Services October 1, 2013. Reasons to change status. Time in current status expires. Position individual holds is inappropriate for their current status. Concerns when changing statuses. Traveling outside the US.

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Changing Between Non Immigrant Statuses

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  1. Changing Between Non Immigrant Statuses International Faculty and Staff Services October 1, 2013

  2. Reasons to change status • Time in current status expires. • Position individual holds is inappropriate for their current status.

  3. Concerns when changing statuses • Traveling outside the US. • Funding from department. • Timing of end of current status. • Must maintain current status until change is approved. • Two year home residency requirement.

  4. Changing to a J1 • Slow and cheap. • Department sends J1 application to IFSS. • IFSS generates the DS-2019. • Employee sends the I-539 Application for Change of Status to the US Citizenship and Immigration Services (USCIS) for processing. • Costs the employee $290. • Takes at least three months.

  5. Changing to a J1 • Fast and expensive. • Department sends J1 application to IFSS. • IFSS generates the DS-2019 form. • Employee leaves the US, preferably returning to their home country, with the required J1 documents. • Employee schedules an appointment at an American Consulate outside the US, applies for and obtains the visa stamp for J1 status, then re-enters the US on the new visa.

  6. Timing to Change to J1 • Processing at IFSS • Allow at least two weeks for IFSS to generate DS-2019. • Processing at US Embassy • Wait times vary significantly. • Visa Wait Times • Processing at USCIS • Wait times vary, currently taking 3 months.

  7. J1 Two Year Home Residency Requirement (212(e)) • 8 C.F.R sec. 248.2 • Individual can be subject for the following reasons: • US or home country government funding • Exchange Visitors Skills List • Foreign Medical Graduates • Prohibits someone subject to 212(e) from changing to another non immigrant status inside the US (E-3, TN, F-1). • Waiver is required to change status to H-1B.

  8. Changing to an H-1B • Prevailing wage issues. • Funding issues. • Filing fee requirements for the department. • Additional application and fees required for dependents.

  9. Timing to Change to an H-1B • Time for department to put together the application varies significantly. • One day for PWD. • One week for LCA. • Takes 3 months for USCIS to adjudicate the H-1B petition.

  10. Changing to H-1B • Process is the same for change of status within the US and if employee is leaving the country and applying for a visa abroad. • In both cases, the H-1B petition must be adjudicated by the USCIS first and an H-1B (I-797) Approval Notice is generated. • The only “fast and expensive” way to get H-1B status is to request premium processing (additional fee of $1225 guarantees the H-1B will be adjudicated in 15 calendar days).

  11. Changing to TN • Slow. • Department sends the I-129 to IFSS. • IFSS sends the I-129 and supporting documentation to the US Citizenship and Immigration Services (USCIS) for processing. • Costs the department $325. • Takes at least three months.

  12. Changing to TN • Fast. • Department prepares the TN letter. • Employee leaves the US, preferably returning to their home country, with the required documents. • Employee crosses the American/Canadian border and re-enters as a TN. • TN process for Mexican nationals the same but a US visa is required for entry to US.

  13. Changing to E-3 • Slow. • Department sends PWD, LCA Authorization Form and I-129 to IFSS. • IFSS sends the I-129 and supporting documentation to the US Citizenship and Immigration Services (USCIS) for processing. • Costs the department $325. • Takes at least three months once USCIS has the petition. Time to prepare the petition varies significantly.

  14. Changing to E-3 • Fast and expensive. • Department sends PWD and LCA Authorization Form to IFSS. • Employee leaves the US, preferably returning to their home country, with the E-3 documents generated by IFSS and their department. • Employee schedules an appointment at the American Consulate outside the US, applies for and obtains the visa stamp for the E-3 status, then re-enters the US on the new visa.

  15. Changing to F1 or J1 students • Must be admitted to the University. • Degree seeking students. • Enrolled full time. • Work with International Student Services. • IFSS does not handle student issues.

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