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Navigating Non-Immigrant Status Changes for International Faculty and Staff

This guide provides comprehensive information on reasons, concerns, and processes when changing non-immigrant statuses for international faculty and staff. From transitioning to J1, H-1B, TN, or E-3 visas, to navigating the complexities of two-year home residency requirements, timing considerations, and key requirements unique to each status change, this resource offers valuable insights and practical guidance.

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Navigating Non-Immigrant Status Changes for International Faculty and Staff

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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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